Key Takeaway
Liberty Chiropractic v 21st Century Insurance case examining fee schedule defenses and 8-unit limitations under NY no-fault law, authentication requirements.
Liberty Chiropractic, P.C. v 21st Century Ins. Co., 2016 NY Slip Op 51409(U)(App. Term 2d Dept. 2016)
“Plaintiff properly argues on appeal that defendant failed to establish its defense, that the fees charged exceeded the amounts set forth in the workers’ compensation fee schedule, as a matter of law (see Rogy Med., P.C. v Mercury Cas. Co., 23 Misc 3d 132, 2009 NY Slip Op 50732 ). For example, defendant failed to demonstrate that it had used the correct conversion factor in calculating the reimbursement rate. In addition, defendant sought to demonstrate that plaintiff was not entitled to any payment for services rendered by plaintiff on specific dates because defendant had already paid another provider, Harvard Medical, P.C., for eight units of physical medicine procedures and/or modalities, the full number of units permitted by Physical Medicine Ground Rule 11, for each of those dates. However, the documents relied upon by defendant were attached to the motion papers without authentication, foundation or even discussion. Even if we were to take the documents at face value, they show only that Harvard Medical, P.C. had billed for a total of three units for each of the applicable dates.”
This was one is interesting and necessitates some discussion. Has the Court agreed that a chiropractor is limited to 8 units, even when CMT is performed? Unsure. What authentication is necessary to prove the other 8 units? Discussion in the affidavit that we received billings from other provider and paid 8 units per diem? Does the Court require proof that the others units were actually paid? Unsure, but probably yes.
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- First application of regulation 11 NYCRR 65-3.8(g)(1)(ii)
- New York No-Fault Insurance Law
Legal Update (February 2026): The no-fault fee schedule and Physical Medicine Ground Rule 11 provisions discussed in this 2016 case may have been subject to regulatory amendments or clarifications since publication. Practitioners should verify current fee schedule provisions, unit limitations, and applicable ground rules, as reimbursement rates and procedural requirements are periodically updated by the New York State Insurance Department.
