Over the past few years, perhaps no other no-fault insurance issue has been more frequently litigated in the Appellate Term than the proper billing of acupuncture services. While there is no distinct fee schedule for licensed acupuncturists, the courts have routinely held that a “Licensed Acupuncturist” is limited to billing at the “Chiropractic” rate of services.1 This seemingly bright-line rule does not, however, obviate the need for a defendant insurer to affirmatively prove its fee schedule defense upon moving for summary judgment. In fact, recent case law has served to increase the insurer’s burden on summary judgment; to wit, an insurer is required to submit as part of its motion, an affidavit of an individual with advanced knowledge in applying New York State Workers’ Compensation Fee Schedule codes and calculations, and must also attach the relevant portions of the Fee Schedule to its papers.
To view this content, please continue to Lexis Advance®.
Not a Lexis Advance® Subscriber? Subscribe Now
LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.
ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.
For questions call 1-877-256-2472 or contact us at email@example.com