Key Takeaway
New York court rejects constitutional challenge to acupuncture fee schedule in no-fault insurance case, highlighting ongoing disputes over reimbursement rates.
Constitutional challenges to New York’s no-fault insurance fee schedules have become a recurring theme in healthcare provider litigation. These challenges typically argue that statutory fee limitations violate due process or equal protection rights. The acupuncture fee schedule, in particular, has faced numerous constitutional attacks as providers seek higher reimbursement rates than those mandated under New York No-Fault Insurance Law.
The 2013 decision in Acupuncture Approach P.C. v MVAIC represents another unsuccessful attempt to overturn these fee limitations on constitutional grounds. This case fits into the broader pattern of courts consistently upholding the state’s authority to regulate healthcare reimbursement rates in the no-fault system, even when providers argue the rates are inadequate.
Jason Tenenbaum’s Analysis:
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.
Key Takeaway
Courts consistently reject constitutional challenges to no-fault fee schedules, viewing them as valid exercises of state regulatory authority. Providers pursuing CPT Code 97813 and 97814 acupuncture claims should focus on compliance with existing fee schedules rather than constitutional arguments, which have proven unsuccessful across multiple cases.
Legal Update (February 2026): Since this post’s publication in 2013, New York’s no-fault fee schedules have undergone multiple regulatory amendments and adjustments, particularly affecting acupuncture and other healthcare provider reimbursement rates. The constitutional landscape regarding fee schedule challenges may also have evolved through subsequent court decisions and regulatory updates. Practitioners should verify current fee schedule provisions and recent case law regarding constitutional challenges to no-fault reimbursement limitations.
