Global Liberty Ins. Co. of N.Y. v. North Shore Family Chiropractic, PC
This case addresses the appropriate fee schedule for licensed acupuncturists providing services to individuals injured in motor vehicle accidents under no-fault insurance. Plaintiff insurers moved for summary judgment, contending that acupuncturists should be reimbursed according to the workers' compensation fee schedule for chiropractors, not physicians. The Supreme Court denied this motion, and the Appellate Division, First Department, affirmed. The Appellate Division ruled that plaintiffs failed to make a prima facie showing of entitlement to judgment as a matter of law, noting the lack of a specific fee schedule for acupuncturists by the superintendent and prior rulings allowing flexibility in using either chiropractor or physician schedules based on consistency. The court also found an issue of fact raised by defendants regarding the physician fee schedule's applicability and deemed the motion for summary judgment on overbilling premature prior to discovery.