What’s the one thing acupuncture in New York no-fault and the anarchy in the US Senate about filibusters have in common? “The Constitutional option”. In the no-fault sense, this is the much reiterated, often maligned, and usually invalidated argument that the “acupuncture fee schedule” is unconstitutional. In Congress, it is the threat to change the rules by simple majority and torpedo the filibuster. Dysfunction abounds.
Acupuncture Approach P.C. v MVAIC, 2013 NY Slip Op 50720(U)(Civ. Ct. NY Co. 2013)
“Here, the court finds MVAIC’s reliance on the Fee Schedule is appropriate and rejects plaintiff’s constitutional challenge.”
I am not going to reiterate the constitutional challenge. You have seen it before.
