Key Takeaway
Hands On's Florida PIP ruling, the policy distinction in Revival (2024), and why the Medicare schedule is not a universal reimbursement floor.
This article is part of our ongoing no-fault coverage, with 271 published articles analyzing no-fault issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.
Legal Update: Revival Chiropractic (2024) permits 80%-of-billed payment under the Allstate policy at issue and distinguishes GEICO’s policy. The archived headline’s “floor” is not a universal current rule.
Last reviewed: September 2026
This is a Florida PIP case note, not a statement of New York reimbursement law. Hands On Chiropractic v. GEICO addressed a bill between 160% and 200% of the applicable Medicare benchmark. Florida’s Supreme Court later rejected treating the statutory schedule as a universal payment floor.
What survived the later decision
In Hands On (2021), the Fifth District quashed the circuit appellate decision and exercised its new direct appellate jurisdiction over the county judgment. Its fee ruling was provisional; the opinion did not establish the quantified attorney-fee award predicted in Jason’s note.
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Allstate v. Revival Chiropractic (2024) held that Allstate’s policy expressly permitted payment of 80% of the billed charge. The statute did not prohibit that payment. Revival treated the schedule as a ceiling, not a floor, and explained that relevant Hands On reasoning had been superseded. It also distinguished GEICO’s materially different policy language. Read the actual policy before applying either case.
New York’s starting point is Insurance Law § 5108, not Florida’s Medicare-based election. The linked New York cases below offer a comparison of fee-proof issues, not authority for Florida claims.
Jason’s historical commentary
Jason’s two original observations are retained below. The fee amount was his prediction, not a verified award. His statement of a Florida payment floor must be read with Revival’s later policy-specific ruling above:
GEICO, regardless of where they do business, always has their own view of the law. Here, the provider submitted a bill less than the fee schedule. GEICO decided to pay it at 80% of the billed amount. The rule in Fla is that the floor is the lesser of the bill or 80% of 200% of the FS. Simple issue but now GEICO has a $100,000 attorney fee bill to pay on this I am sure.
The case is interesting because it construes certiori (which was granted) and then constures the new post 2021 plenary jurisdiction that the District Courts of Appeal have over County Court matter. Procedural fans will love the case; statutory textualists will ask what the heck GEICO was doing. Common sense always ask when you are looking at 6 figure attorney fee awards on a $10k policy, why fight some of these issues?
Connect to the Encyclopedia
- Fee-schedule defense hub: cases, proof and later developments
- New York comparison: acupuncture schedules and service dates
- New York comparison: proving the daily-unit defense
- New York comparison: code selection before arithmetic
- Down-coding: the rule and evidence for a reduction
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Legal Context
Why This Matters for Your Case
New York's no-fault insurance system, established under Insurance Law Article 51, is one of the most complex insurance frameworks in the country. Every motorist must carry Personal Injury Protection coverage that pays medical expenses and lost wages regardless of fault, up to $50,000 per person.
But insurers routinely deny valid claims using peer reviews, EUO scheduling tactics, fee schedule reductions, and coverage defenses. The Law Office of Jason Tenenbaum has handled over 100,000 no-fault cases since 2002 — from initial claim submissions through arbitration before the American Arbitration Association, trials in Civil Court and Supreme Court, and appeals to the Appellate Term and Appellate Division. Jason Tenenbaum is one of the few attorneys in the state who both writes his own appellate briefs and tries his own cases.
His 2,353+ published legal articles on no-fault practice are cited by attorneys throughout New York. Whether you are dealing with a medical necessity denial, an EUO no-show defense, a fee schedule dispute, or a coverage question, this article provides the kind of detailed case-law analysis that helps practitioners and claimants understand exactly where the law stands.
About This Topic
New York No-Fault Insurance Law
New York's no-fault insurance system requires every driver to carry Personal Injury Protection (PIP) coverage that pays medical expenses and lost wages regardless of who caused the accident. But insurers routinely deny, delay, and underpay valid claims — using peer reviews, IME no-shows, and fee schedule defenses to avoid paying providers and injured claimants. Attorney Jason Tenenbaum has litigated thousands of no-fault arbitrations and court cases since 2002.
271 published articles in No-Fault
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Common Questions About This Topic
3 answers from the firm's New York personal-injury and employment-law practice. Click any question to expand.
What does "80% of 200% of Medicare" mean in Florida PIP?
Multiplying 80% by 200% gives 160% of the applicable Medicare benchmark. That arithmetic is not a universal minimum payment: Revival requires attention to the policy wording and the statutory limits.
Can a PIP insurer pay 80% of the billed amount instead when the bill is below the fee schedule?
Yes, the Florida Supreme Court held in Revival (2024) that Allstate's policy permitted that payment. It distinguished GEICO's different policy language. Hands On should not be used for a categorical contrary answer.
How does this compare to New York's no-fault fee schedule?
New York's charge limits begin with Insurance Law § 5108 and the applicable workers' compensation-based schedules. Florida's Medicare-based reimbursement and policy-election analysis do not establish New York payment obligations.
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Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
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