Proof of objective standards are waived if EUO demand is not responded toNovember 26, 2013

Flatbush Chiropractic, P.C. v State Farm Mut. Auto. Ins. Co., 2013 NY Slip Op 51880(U)(App. Term 2d Dept. 2013)

“On appeal, plaintiff argues that defendant failed to prove that it had mailed its EUO scheduling letters and denial of claim forms, that defendant lacked justification for its EUO requests, and that defendant’s motion should have been denied pursuant to CPLR 3212 (f), as plaintiff had not received discovery regarding the reasonableness of defendant’s EUO requests.”

“Furthermore, since plaintiff does not claim to have responded in any way to the EUO requests, its objections regarding the EUO requests will not now be heard”

This case is significant because now proof of “objective standards” will be deemed waived if a provider or EIP does not respond to EUO demands.  In District Nassau, my research has divined that those judges  requires”objective standards” as part of a prima facie showing.  That hopefully will end.

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