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WESTSIDE EKG ASSOCIATES v. FOUNDATION HEALTH

Nos. 4D03-3533, 4D03-4837.

932 So.2d 214 (2005)

WESTSIDE EKG ASSOCIATES, Appellant/cross-appellee, v. FOUNDATION HEALTH; a Florida Health Plan, Inc.; Health Options, Inc.; Hip Health Plan of Florida, Inc. f/k/a PCA Family Health Plan, Inc.; and Health Options Connect, Inc. f/k/a Principal Health Care of Florida, Inc., Appellees, Humana Medical Plan, Inc. f/k/a PCA Health Plans of Florida, Inc., Appellee/cross-appellant.

District Court of Appeal of Florida, Fourth District.

May 4, 2005.

Attorney(s) appearing for the Case

Philip M. Burlington of Philip M. Burlington, P.A., Jeffrey M. Liggio and Jene Williams-Rhoads of Liggio, Benrubi & Williams, P.A., West Palm Beach, and Edward H. Zebersky of Zebersky & Payne, LLP, Hollywood, for appellant/cross-appellee.

Nancy W. Gregoire, W. Edward McIntyre and Daniel Alter of Bunnell, Woulfe, Kirschbaum, Keller, McIntyre & Gregoire, P.A., Fort Lauderdale, for Appellees-Health Options, Inc. and Health Options Connect, Inc.

Andrew S. Berman of Young, Berman, Karpf & Gonzalez, P.A., North Miami Beach, for Appellee/cross-appellant-Humana Medical Plan, Inc.

Bradley Winston, Plantation, for amicus curiae-AARP.

STONE, J.

Westside EKG Associates (Westside) sued seven health maintenance organizations (HMOs), claiming violations of the Health Maintenance Association Act (Act), chapter 641, Florida Statutes, for the improper processing of providers' claims for medical services rendered to HMO subscribers. Westside claims HMOs failed to comply with the "prompt pay" provisions of the Act, primarily found in section 641.3155. Westside...

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