Key Takeaway
Analyzing NY no-fault medical necessity challenges from Continental Medical v. Mercury Casualty case, examining CPLR 2106 affirmation defects and IME report requirements.
Understanding Medical Necessity Challenges in New York No-Fault Claims: Critical Lessons from Continental Medical
New York’s no-fault insurance system presents unique challenges for healthcare providers, particularly when it comes to proving medical necessity and meeting strict procedural requirements. A recent Appellate Term decision highlights the importance of proper documentation and the potential consequences when procedural defects aren’t properly addressed.
For healthcare providers across Long Island, Nassau County, Suffolk County, and the five boroughs of New York City, understanding these procedural requirements can mean the difference between successful reimbursement and costly litigation defeats.
The Importance of Proper Affirmations and Medical Reports
In the complex world of New York no-fault litigation, seemingly minor procedural details can have major consequences. The Continental Medical case serves as a stark reminder that attention to detail in documentation and submissions is not just good practice—it’s essential for protecting your practice’s financial interests.
Case Analysis: Continental Medical v. Mercury Casualty
I got that line from another blogger. That comment refers to a case that is anything but remarkable.
Although there was a long and very thoughtful dissent on what the probably should be, the majority made two salient points.
**Continental Med., P.C. v Mercury Cas. Co.
**2009 NYSlipOp 50234(U)(App. Term 2d Dept. 2009)
“Although chiropractors may not affirm pursuant to CPLR 2106 this defect was waived since plaintiff failed to object in the court below. As a result, the IME report proffered by defendant established defendant’s prima facie entitlement to summary judgment on the ground that the services rendered to plaintiff’s assignor were not medically necessary”
“In opposition, plaintiff proffered an unsworn medical report which was “dictated but not read.” Thus, it was of no probative value. Inasmuch as plaintiff failed to rebut defendant’s prima facie case, defendant’s motion for summary judgment dismissing the complaint should have been granted”
**
I think, and this is just me, but New York should follow the Federal and New Jersey model where a party can submit a “certification”, which would have the same force and effect as an affidavit. In the criminal realm, this is done all the time. But the law is what it is…**
Breaking Down the Legal Issues
The Continental Medical decision reveals several critical procedural challenges that healthcare providers face in New York no-fault litigation:
1. Chiropractor Affirmation Limitations
The court confirmed that chiropractors cannot affirm pursuant to CPLR 2106, highlighting a fundamental limitation in how chiropractic professionals can participate in legal proceedings. However, the decision also demonstrates that procedural defects can be waived if not properly objected to at the trial level.
2. The “Dictated But Not Read” Problem
Perhaps more significantly for practicing providers, the court found that an unsworn medical report marked “dictated but not read” had no probative value. This seemingly minor detail cost the plaintiff the entire case.
Practical Implications for Long Island Healthcare Providers
Documentation Best Practices
For healthcare providers serving communities from Hempstead to Montauk, and throughout the New York metropolitan area, this case underscores several critical documentation requirements:
- Always Review and Sign Reports: Never submit medical reports marked “dictated but not read”
- Understand Professional Limitations: Be aware of which professionals can and cannot provide certain types of legal documentation
- Preserve Objections: Always raise procedural objections at the trial level to avoid waiver
- Maintain Detailed Records: Comprehensive documentation remains your first line of defense against medical necessity challenges
Strategic Considerations
The Continental Medical case also reveals strategic considerations for providers facing IME challenges:
- Prepare for Defense: When an insurer submits an IME report challenging medical necessity, your response must meet strict legal standards
- Quality Over Quantity: A properly sworn, carefully reviewed report is worth more than multiple unsworn documents
- Professional Coordination: Work with attorneys who understand the specific requirements for medical documentation in no-fault cases
The Broader Context: Medical Necessity in No-Fault Claims
Medical necessity remains one of the most contentious issues in New York’s no-fault system. Insurance companies routinely challenge the necessity of treatments, particularly for:
- Chiropractic care
- Physical therapy
- Diagnostic testing
- Extended treatment plans
For providers throughout Long Island and the five boroughs, understanding how courts evaluate these challenges is crucial for maintaining successful practices while serving accident victims.
The Role of Independent Medical Examinations
The Continental Medical case demonstrates how effective an IME can be in establishing an insurer’s defense. When properly conducted and documented, an IME report can create a presumption that services were not medically necessary, shifting the burden to the provider to demonstrate otherwise.
Lessons from New Jersey and Federal Practice
As Jason notes in his analysis, other jurisdictions have adopted more practical approaches to sworn statements and certifications. The federal system and New Jersey allow “certifications” that carry the same weight as affidavits, streamlining the process while maintaining legal integrity.
Why This Matters for New York Practitioners
The more rigid New York approach places additional burdens on healthcare providers and their attorneys. Understanding these requirements is essential for:
- Avoiding procedural traps
- Ensuring proper documentation
- Maximizing recovery potential
- Protecting professional reputation
Frequently Asked Questions
What makes a medical report inadmissible in no-fault litigation?
Reports that are not properly sworn or affirmed, including those marked “dictated but not read,” may have no probative value and cannot be used to rebut an insurer’s prima facie case for summary judgment.
Can chiropractors provide sworn statements in New York no-fault cases?
Chiropractors cannot affirm pursuant to CPLR 2106, but other forms of sworn statements may be available. Always consult with your attorney about proper documentation requirements.
How can providers protect themselves from medical necessity challenges?
Maintain detailed treatment records, ensure all reports are properly reviewed and signed, work with experienced no-fault attorneys, and understand the specific documentation requirements for your profession.
What happens if a procedural objection isn’t raised at the trial level?
As Continental Medical demonstrates, failure to raise procedural objections at the trial level can result in waiver, potentially allowing otherwise defective evidence to be considered.
How should providers respond to IME reports challenging medical necessity?
Responses must meet strict legal standards, including properly sworn statements from qualified professionals who have reviewed the case details and can articulate the medical necessity of the provided services.
Moving Forward: Protecting Your Practice
The Continental Medical decision serves as a reminder that success in New York’s no-fault system requires more than just providing quality medical care. Providers must also navigate complex legal requirements that can determine whether they receive payment for their services.
Building a Strong Defense Strategy
For healthcare providers throughout Nassau County, Suffolk County, and the greater New York area, building a strong defense against medical necessity challenges requires:
- Comprehensive Documentation: Detailed records supporting every aspect of treatment
- Professional Coordination: Working with attorneys who understand no-fault requirements
- Quality Control: Ensuring all reports and documents meet legal standards
- Continuing Education: Staying updated on legal developments affecting your practice
The Human Cost of Procedural Failures
While the Continental Medical case focuses on legal technicalities, it’s important to remember that these procedural requirements ultimately affect real people. When providers lose cases due to documentation failures, it’s not just the practice that suffers—it’s also the accident victims who depend on accessible, affordable medical care.
The no-fault system was designed to provide prompt, efficient compensation for accident-related injuries. When procedural technicalities prevent legitimate providers from receiving payment, the entire system becomes less effective at serving those it was designed to help.
Get Expert Legal Guidance
If you’re a healthcare provider dealing with medical necessity challenges, denied claims, or complex procedural requirements in New York’s no-fault system, you need experienced legal representation that understands both the medical and legal aspects of your case.
Don’t let procedural technicalities cost you the compensation you’ve earned through quality patient care. Whether you’re facing IME challenges, documentation disputes, or other no-fault insurance issues, having the right legal team can make all the difference.
The Continental Medical case shows how seemingly minor details can have major consequences. Don’t take chances with your practice’s financial health.
Call 516-750-0595 today to discuss your no-fault insurance challenges with an attorney who understands the complexities of New York’s system and knows how to protect your interests. We serve healthcare providers and accident victims throughout Long Island, Nassau County, Suffolk County, and all five boroughs of New York City.
Related Articles
- CPLR 2106 procedural requirements for medical practice owners
- CPLR 2106 evidence and procedural issues in no-fault cases
- Medical necessity summary judgment motions in New York
- Peer hearsay and electronic signatures in medical documentation
- New York No-Fault Insurance Law
Legal Update (February 2026): Since this 2009 analysis, New York no-fault regulations have undergone significant amendments, including updates to medical necessity criteria, documentation requirements, and procedural standards under 11 NYCRR Part 65. CPLR provisions referenced may have been modified through subsequent amendments, and insurance law procedural requirements have evolved through both regulatory changes and appellate decisions. Practitioners should verify current provisions in the New York Codes, Rules and Regulations and recent case law before relying on the specific procedural standards discussed in this older post.
