Florida Chiropractors Drop Underpayment Suit Against Progressive for PIP Claims

Thursday, July 12, 2018
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On July 11, 2018, a federal judge in Florida dismissed two proposed class actions alleging Progressive Insurance systematically underpaid chiropractors for years. The plaintiffs claimed it unlawfully reduced payments for treatments covered under consumers’ personal injury protection (PIP) policies. This decision came after the chiropractor firms, Coastal Wellness Centers Inc. and Tower Health Center Inc., gave notice they were dropping their federal claims. The cases had been consolidated before U.S. District Judge William P. Dimitrouleas in Fort Lauderdale, Florida.

The Dismissal.

The plaintiff practices filed notice on July 9, 2018, of their voluntary dismissal of their claims without prejudice to pursue them in state circuit court. The chiropractors did not receive any settlement, were not offered and did not receive anything of value from the defendants, according to the order.

The judge previously dismissed a set of claims arguing that Progressive improperly applied policyholders' deductibles under Florida state law. However,  denied Progressive’s bid to toss claims it had improperly applied a two percent reduction to the repayments applicable to Medicare claims between 2012 and 2014.

Details of the Case.

The plaintiffs were pursuing claims for declaratory relief and compensatory damages, as well as an injunction that would prevent Progressive from underpaying them in the future. The chiropractors treated patients who held policies with Progressive and had been in car accidents. The patients then assigned their rights to the chiropractors so they could bill the insurers directly.

Before the dismissal, the chiropractors were seeking to certify a class of all Florida health care providers who were assignees of Progressive policyholders and were allegedly subjected to the improper billing practices. To view the order in full, click here.

This case is not the first one involving chiropractors, accident patients and insurance companies. To read about another case involving fraudulent billing, click here to read one of my prior blogs.

Click here to read one of my prior blogs outlining Florida’s crackdown on PIP scams and the serious repercussions.

Don’t Wait Until It’s Too Late; Consult with a Health Law Attorney Experienced in Medicare and Medicaid Issues, Fraudulent Billing and Overbilling Now.

The attorneys of The Health Law Firm represent healthcare providers in cases of medical billing fraud, overbilling, Medicare audits, ZPIC audits and RAC audits throughout Florida and across the U.S. They also represent physicians, medical groups, nursing homes, home health agencies, pharmacies, hospitals and other healthcare providers and institutions in Medicare and Medicaid investigations, audits, recovery actions and termination from the Medicare or Medicaid Program.

For more information please visit our website at www.TheHealthLawFirm.com or call (407) 331-6620 or (850) 439-1001.


Hale, Nathan. “Chiropractors Drop Underpayment Suit Against Progressive.” Law360. (July 11, 2018). Web.

Gilmore, Erin. “Suit Claims Progressive Owes Chiropractor Full Payments for Personal Injury Claims.” Classaction.org. (July 11, 2018). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law.  He is the President and Managing Partner of The Health Law Firm, which has a national practice.  Its main office is in the Orlando, Florida area.  www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

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“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
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