Gentle Care Acupuncture, P.C. v Geico Ins. Co., 2010 NY Slip Op 52226(U)(App. Term 2d Dept. 2010)
The Court here followed prior precedent and held as follow: 1) Chiropractor rate for acupuncture prevails; 2) Insufficient proof of medical necessity will not defeat a lack of medical necesity motion; 3) The initial visit cannot be denied as being out-of-scope.