September 14, 2005
A.T. Med., P.C. v State Farm Mut. Ins. Co. (2005 NY Slip Op 25461)
https://www.beynensonlaw.com/case-law/a-t-med-p-c-v-state-farm-mut-ins-co-2005-ny-slip-op-25461/
- Judge
- Culley, J.
- Decided
- September 14, 2005
- Citation
- 2005 NY Slip Op 25461 · 10 Misc 3d 568
- Posture
- Summary judgment
- Outcome
- Insurer prevailed
- Later treatment
- Distinguished in 1 and followed in 2 later decisions (see Cited by)
Posture, outcome, issues and treatment by other decisions are Beynenson Law’s classification. Treatment labels are assigned by a language model reading the citing decision; negative and appeal-history labels are checked by a second reader.
Summary
Editorial summary by Beynenson Law, not part of the court’s decision.
Reported in New York Official Reports at A.T. Med., P.C. v State Farm Mut. Ins. Co. (2005 NY Slip Op 25461)
| A.T. Med., P.C. v State Farm Mut. Ins. Co. |
| 2005 NY Slip Op 25461 [10 Misc 3d 568] |
| September 14, 2005 |
| Culley, J. |
| Civil Court Of The City Of New York, Queens County |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, January 11, 2006 |
[*1]
| A.T. Medical, P.C., as Assignee of Malik Corbin, Plaintiff, v State Farm Mutual Insurance Company, Defendant. |
Civil Court of the City of New York, Queens County, September 14, 2005
APPEARANCES OF COUNSEL
Alden Banniettis, Brooklyn, for plaintiff. McDonnell & Adels, P.C., Garden City (John E. McCormack of counsel), for defendant.
OPINION OF THE COURT
Anna Culley, J.
In the case at bar, plaintiff, a medical services provider and assignee of claimant Malik Corbin, brings a motion for summary judgment seeking payment for several claims in the aggregate sum of $6,581.38. These claims arise out of medical services allegedly provided to Corbin as a result of an automobile accident which occurred on December 9, 2001, prior to the effective date of the new regulations (11 NYCRR 65-3.16 [a] [12] [eff Apr. 4, 2002]). In support of its motion, plaintiff submits the affidavit of the corporate officer, Aleksander Tverskoy, M.D., as well as the denial of claim forms (NF-10). The NF-10s are sufficient to adequately establish when the defendant received the bills in question (see A.B. Med. Servs. v New York Cent. Mut. Fire Ins. Co., 3 Misc 3d 136[A], 2004 NY Slip Op 50507[U] [App Term, 2d & 11th Jud Dists 2004]). Each of the denials state, in relevant part: “Your claim is denied because you have not provided the verification requested by State Farm’s Special Investigative Unit. If you provide the requested information, State Farm will reconsider its position.”
All of State Farm’s denial of claims are untimely on their face with the exception of one received September 11, 2002 in the amount $1,353.31. The denial is dated September 18, 2002. As has been held by the Appellate Term, Second and Eleventh Judicial Districts, a denial issued before all verification has been provided is not a proper denial, and therefore, defendant insurance carrier has failed to properly deny this claim (11 NYCRR 65-3.8 [b] [3]; see also Shtarkman v Allstate Ins. Co., 8 Misc 3d 129[A], 2005 NY Slip Op [*2]51028[U] [App Term, 2d & 11th Jud Dists 2005]). Accordingly, it appears plaintiff has established its prima facie entitlement to summary judgment as a matter of law.
In this action, defendant cross-moves seeking summary judgment alleging that the plaintiff is not a properly licensed medical corporation as it is not wholly owned by licensed medical doctors. Defendant has demonstrated that plaintiff herein is a professional medical corporation which has shared as much as 65% of its gross revenues with a corporation owned by a nonphysician. Plaintiff does not dispute these facts in its reply papers.
At the time this motion was submitted, the Court of Appeals had ruled on this issue in State Farm Mut. Auto. Ins. Co. v Mallela (4 NY3d 313 [2005]). In Mallela, the Court of Appeals answered a certified question from the United States Court of Appeals for the Second Circuit. The Court was asked to determine “whether, under our ‘no-fault’ insurance laws, insurance carriers may withhold payment for medical services provided by fraudulently incorporated enterprises to which patients have assigned their claims” (id. at 319 [citation omitted]). In answering the question in the affirmative, the Court based its holding on the Superintendent’s amended regulation declaring fraudulently licensed corporations ineligible for reimbursement. The Court held further that State Farm was precluded from recouping payments made by the carrier before April 4, 2002, the effective date of the amended regulation. The Court expressly declined to reach the issue of the viability of heretofore unpaid claims arising under the old regulation. This court will now decide this issue.
In Matter of Gleason (Michael Vee, Ltd.) (96 NY2d 117, 122 [2001]), the New York Court of Appeals observed:
“In determining whether a statute should be given retroactive effect, we have recognized two axioms of statutory interpretation. Amendments are presumed to have prospective application unless the Legislature’s preference for retroactivity is explicitly stated or clearly indicated (see, People v Oliver, 1 NY2d 152, 157). However, remedial legislation should be given retroactive effect in order to effectuate its beneficial purpose (see, Majewski v Broadalbin-Perth Cent. School Dist., 91 NY2d 577; Becker v Huss Co., 43 NY2d 527, 540). Other factors in the retroactivity analysis include whether the Legislature has made a specific pronouncement about retroactive effect or conveyed a sense of urgency; whether the statute was designed to rewrite an unintended judicial interpretation; and whether the enactment itself reaffirms a legislative judgment about what the law in question should be (see e.g., Brothers v Florence, 95 NY2d 290, 299; Matter of OnBank & Trust Co., 90 NY2d 725, 730).”
In 1999, in an effort to combat the widespread abuse in no-fault insurance claims, the Superintendent proposed an amended Regulation 68[FN*] (see Matter of Medical Socy. of State of N.Y. v Serio, 100 NY2d 854[*3][2003]). Further, section 65-3.16 (a) (12) of the regulation states, in relevant part, that “[a] provider of health care services is not eligible for reimbursement under section 5102 (a) (1) of the Insurance Law if the provider fails to meet any applicable New York State or local licensing requirement necessary to perform such service in New York.” “In summarizing the new provision, the department provided its opinion that such a result had previously been required, stating that § 65-3.16 (a) (12) of the new regulations had been added ‘to clarify that a health care provider must be properly licensed to be eligible for reimbursement under no-fault.’ ” (Michael Billy, Jr. and Skip Short, Insurance Department Regulations to Stem Fraudulent No-Fault Claims Upheld by Court of Appeals, 76 NY St BJ 40, 41 [Jan. 2004].)
The Insurance Department’s interpretation of the insurance regulations is entitled to great deference (see Matter of Medical Malpractice Ins. Assn. v Superintendent of Ins. of State of N.Y., 72 NY2d 753 [1988], cert denied 490 US 1080 [1989]). This court must follow the agency’s interpretation of a regulation unless irrational, or unreasonable, or the interpretation runs contrary to the clear wording of a statutory provision (see Matter of John Paterno, Inc. v Curiale, 88 NY2d 328 [1996]).
Based on the foregoing, improperly licensed providers are precluded from recovering claims submitted prior to the amendment, as the amendment was the clarification of the existing regulation. A retroactive application is appropriate where the regulatory intent of the Superintendent was explicit to remedy widespread abuse and fraud in the filing of no-fault claims by improperly licensed medical providers. To hold otherwise would nullify existing statutory provisions which prohibit a professional medical corporation from being owned and operated by anyone other than licensed medical doctors (Business Corporation Law § 1503 [b]), and bar licensed physicians from sharing fees with nonphysicians (8 NYCRR 29.1 [b] [4]; Education Law §§ 6511, 6530 [19]). Accordingly, defendant’s cross motion for summary judgment is granted and the complaint is dismissed.
Footnotes
Footnote *: Between 1992 and 2001, reports of suspected automobile insurance fraud increased by 275%, the bulk of the increase occurring in no-fault insurance fraud. Reports of no-fault fraud rose from 489 cases in 1992 to 9,191 in 2000, a rise of more than 1,700%. No-fault fraud accounted for three quarters of the 16,902 reports of automobile-related fraud received by the Insurance Department’s Frauds Bureau in 2000, and more than 55% of the 22,247 reports involving all types of insurance fraud. In 1999, the Superintendent established a No-Fault Unit within the Frauds Bureau to focus specifically on no-fault fraud and abuse. By one estimate, the combined effect of no-fault insurance fraud has been an increase of over $100 per year in annual insurance premium costs for the average New York motorist.
Legal questions (5)
Questions of no-fault law this decision rules on, from our Legal Questions pages. Bars count the decisions on the question by year and court, coloured by category; circles are this decision and the decisions on the question it cites or that cite it. Point at a bar or circle for details. The categories and summaries are Beynenson Law’s classification, made by a language model and checked by a second reading.
On the merits, when may a no-fault insurer withhold payment because unlicensed persons own or control the provider (Mallela)?
This decision: Provider held ineligible: unlicensed ownership/control or improper formation proved
Granted the insurer summary judgment because the provider shared up to 65% of its revenue with a nonphysician-owned company, and held 65-3.16 (a) (12) clarifies prior law, so it bars unpaid claims for pre-April 2002 services.
Of the 61 decisions on this question in the Second Department courts and the Court of Appeals, 20 (this one included) are in the same category. One decision in other departments that cites or is cited by this one is on the full map.
May the insurer raise and investigate a Mallela (fraudulent incorporation) defense, or is it precluded, waived or denied discovery?
This decision: Insurer may raise or investigate the Mallela defense here
Held that the licensing-eligibility rule reaches unpaid claims for services before its April 2002 effective date because the amendment clarified the existing regulation, so the insurer could rely on the defense and the complaint was dismissed.
Of the 136 decisions on this question in the Second Department courts and the Court of Appeals, 112 (this one included) are in the same category. 3 decisions in other departments that cite or are cited by this one are on the full map.
On summary judgment or another pretrial motion, what must a no-fault claimant show to establish its prima facie case?
This decision: Claimant's proof held to make out its prima facie case (rules on the question, but another ground decided the case)
Held the provider established its prima facie case because its denial forms showed receipt of the bills and the denials were untimely or improper, before dismissing the complaint on the licensing defense.
Of the 1,065 decisions on this question in the Second Department courts and the Court of Appeals, 513 (this one included) are in the same category. One decision in other departments that cites or is cited by this one is on the full map.
Did a party’s evidence establish that it mailed a no-fault claim, denial, verification request or examination notice?
This decision: The provider's or claimant's proof established mailing of its claim form, NF-2 or verification response (rules on the question, but another ground decided the case)
Held the insurer's own denial forms sufficient to establish when it received the provider's bills, supporting the provider's prima facie showing, though the claim was ultimately dismissed on licensing grounds.
Of the 1,400 decisions on this question in the Second Department courts and the Court of Appeals, 106 (this one included) are in the same category. One decision in other departments that cites or is cited by this one is on the full map.
Did unanswered verification requests make the provider’s claim premature, or justify denying it for nonresponse?
This decision: Defense rejected because the insurer's requests or proof were deficient (rules on the question, but another ground decided the case)
Held the insurer's denials for failure to provide requested verification were untimely or improper, since a denial issued before all verification is provided is not a proper denial, so the provider made a prima facie showing.
Of the 385 decisions on this question in the Second Department courts and the Court of Appeals, 82 (this one included) are in the same category.
Cited in this decision
A label shows how this decision treated the case it cites.
- A.B. Med. Servs. v N. Y. Cent. Mut. Fire Ins. Co. (2004 NY Slip Op 50507(U)) FollowedAn insurer opposing summary judgment on medical necessity must submit admissible proof even if unaffirmed reports supported a timely denial.
- State Farm Mut. Auto. Ins. Co. v Mallela (2005 NY Slip Op 02416)Fraudulently incorporated medical providers are ineligible for no-fault reimbursement under 11 NYCRR 65-3.16 (a) (12).
Cited by
A label shows how the later decision treated this one.
- Devonshire Surgical Facility v GEICO (2006 NY Slip Op 52450(U)) DistinguishedThe insurer's untimely denial precluded its fee-schedule, unbundling and provider-fraud defenses.
- One Beacon Ins. Group, LLC v Midland Med. Care, P.C. (2008 NY Slip Op 06813) FollowedThe insurers raised a triable issue of fraudulent incorporation despite evidence of physician ownership and oversight of the provider.
- Allstate Ins. Co. v Belt Parkway Imaging, P.C. (2006 NY Slip Op 26024) FollowedInsurers may withhold payment of claims accruing before April 4, 2002 when the provider was fraudulently incorporated.
- Metroscan Imaging, P.C. v GEICO Ins. Co. (2006 NY Slip Op 26319)A fraudulently incorporated medical provider cannot recover unpaid no-fault benefits even for services predating the licensing regulation.
- Autoone Ins. Co. v Manhattan Hgts. Med., P.C. (2009 NY Slip Op 51662(U))An insurer cannot recover payments made before April 4, 2002, on a fraudulent-incorporation theory under 11 NYCRR 65-3.16 (a) (12).
- Better Health Med. PLLC v Empire/Allcity Ins. Co. (2006 NY Slip Op 50571(U))The provider's challenge to the master arbitration award failed because the arbitrators' fraud-based rejection of the claim had a rational basis.
Similar decisions
- Citywide Social Work & Psychological Servs., P.L.L.C. v State Farm Mut. Auto. Ins. Co. (2006 NY Slip Op 51831(U))An untimely denial does not preclude a defense that a provider is fraudulently licensed and ineligible for no-fault reimbursement.
- Metroscan Imaging P.C. v GEICO Ins. Co. (2005 NY Slip Op 25228)A fraudulent-incorporation defense survives untimely denial and applies to unpaid claims predating 11 NYCRR 65-3.16 (a) (12).
- Montgomery Med., P.C. v State Farm Ins. Co. (2006 NY Slip Op 51003(U))The insurer's evidence raised a triable issue of fraudulent incorporation but did not establish its entitlement to summary judgment.
- Multiquest PLLC v Allstate Ins. Co. (2005 NY Slip Op 52209(U))A billing provider cannot recover assigned no-fault benefits for services rendered by an independent contractor rather than the provider or its employees.
- Multiquest, P.L.L.C. v Allstate Ins. Co. (2005 NY Slip Op 52069(U))The insurer failed to establish grounds for dismissal, and the provider failed to prove mailing of its psychological-services claim.