Westchester Med. Ctr. v Government Empls. Ins. Co., 2012 NY Slip Op 50398(U)(App. Term 2d Dept. 2012)
“In the case at bar, plaintiff’s submission of a third-party affidavit failed to demonstrate that the NF-5 hospital facility form or the UB04, which was incorporated by reference into the NF-5 and which listed the services provided by the hospital, was plaintiff’s business record and therefore admissible as proof that, for example, those services had been rendered (see Matter of Carothers, 79 AD3d 864; New York Hosp. Med. Ctr. of Queens, 33 Misc 3d 130[A], 2011 NY Slip Op 51863[U]).”
What is amazing here is that a hospital that gets its case 325(d)’d from Supreme Court now has to make an additional threshold showing in order for its motion for summary judgment to be granted.
2 Responses
Does Henig take this to the Division?
it appears that the appellate term and the appellate division are on a collision course with regard to a third-party biller establishing a prima facie case for a HOSPTIAL.
If Henig decides to appeal, the case could have Dan Medical implications for providers other than hosptials.