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March 16, 2007

Doshi Diagnostic Imaging Servs. v State Farm Ins. Co. (2007 NY Slip Op 27193)

https://www.beynensonlaw.com/case-law/doshi-diagnostic-imaging-servs-v-state-farm-ins-co-2007-ny-slip-op-27193/

Court
Appellate Term, Second Department
Decided
March 16, 2007
Citation
2007 NY Slip Op 27193 · 16 Misc 3d 42
Posture
Summary judgment
Outcome
Insurer prevailed
Later treatment
Contrasted (cf., but see) in 1 and followed in 12 later decisions (see Cited by)
Issues
Verification requests
Legal questions
Outstanding verification and premature actions (see the maps)
Cite as
Doshi Diagnostic Imaging Servs. v State Farm Ins. Co., 16 Misc 3d 42 (App Term, 2d Dept 2007)

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.

An insurer may request medical-necessity verification from a prescribing physician if it properly notifies the applicant of outstanding requests. The insurer sought verification concerning an MRI from the referring physician, informed the provider that determination was delayed, and renewed the unanswered request after 30 days with notice to the provider. Under Insurance Law § 5106 (a) and 11 NYCRR 65-3.2 (c), 65-3.5 (a) and (c), and 65-3.6 (b), verification need not be directed solely to the benefits applicant. Proper notice identifies the outstanding verification and the party from whom it was requested. The Appellate Term, Second Department, affirmed the grant of the insurer's summary judgment cross motion dismissing the action as premature because verification remained outstanding.

Reported in New York Official Reports at Doshi Diagnostic Imaging Servs. v State Farm Ins. Co. (2007 NY Slip Op 27193)

Doshi Diagnostic Imaging Servs. v State Farm Ins. Co.
2007 NY Slip Op 27193 [16 Misc 3d 42]
Accepted for Miscellaneous Reports Publication
AT2
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 8, 2007

[*1]

Doshi Diagnostic Imaging Services, as Assignee of Laticia Vazquez, Appellant,
v
State Farm Insurance Co., Respondent.

Supreme Court, Appellate Term, Second Department, March 16, 2007

APPEARANCES OF COUNSEL

Friedman, Harfenist, Langer & Kraut, Lake Success (Neil Torczyner of counsel), for appellant.

{**16 Misc 3d at 43} OPINION OF THE COURT

Memorandum.

Order affirmed without costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment and defendant cross-moved for summary judgment dismissing the action as premature due to outstanding requests for verification. The court granted defendant’s cross motion and this appeal by plaintiff ensued.

After receiving the claim, defendant issued a letter to the prescribing physician requesting verification of the medical necessity of the MRI performed at plaintiff’s facility and detailing the information sought. On the same day, defendant advised plaintiff by letter that the claim’s determination would be delayed pending receipt of medical necessity verification from the prescribing physician. The initial verification request remained unsatisfied after 30 days, whereupon defendant followed up its request to the prescribing physician and sent plaintiff a copy of the request and a second letter, nearly identical to the first, to the effect that a decision on [*2]the claim was being delayed pending medical necessity verification. Plaintiff objects only to defendant’s failure to seek the verification directly from plaintiff as, plaintiff insists, the regulations require. Contrary to plaintiff’s contention, the record establishes that the letters sent by defendant sufficed to toll the statutory claim determination period (Insurance Law § 5106 [a]; 11 NYCRR 65-3.2 [c]; 65-3.5 [a], [c]; 65-3.6 [b]).

The insurance regulations require that there be “good reasons” to demand verification (11 NYCRR 65-3.2 [c]), that the demand be directed “as expeditiously as possible” (id.) to the “parties required to complete them” (11 NYCRR 65-3.5 [a]), and that the insurer is entitled to receive the verification “directly from the parties from whom such verification was requested” (11 NYCRR 65-3.5 [c]). We do not construe the reference to “parties” to be limited to an applicant for no-fault benefits. By its terms, 11 NYCRR 65-3.6 (b) requires the insurer to inform the “applicant” of the nature of previously requested and unproduced verification, the identity of “the party from whom it was requested,” and that the request is renewed. The provisions clearly contemplate that an applicant may not be the only appropriate “party” from whom, for example, medical necessity verification may most readily be obtained (e.g. a medical{**16 Misc 3d at 44} equipment provider who fills a prescription or, as here, an MRI facility acting upon an outside physician’s referral). Where verification is sought from a party other than the applicant, the applicant is entitled to be timely informed of the nature of the verification sought and from whom it is requested when, after an initial verification request remains unsatisfied, a follow-up request is necessary (see 11 NYCRR 65-3.6 [b]). As the claims of providers, such as MRI facilities, are subject to the medical necessity defense (Long Is. Radiology v Allstate Ins. Co., 36 AD3d 763 [2d Dept 2007]) notwithstanding that they may neither be responsible for the medical necessity determination nor, in the case of a nonphysician provider, competent to make such a determination, permitting verification requests of nonapplicants upon proper notification to the applicants furthers the regulatory objective that verification proceed “as expeditiously as possible” and assists applicants to determine the propriety of verification demands, to monitor the insurer’s exercise of the verification procedures and to facilitate the timely production of the verification. Accordingly, because defendant established that the instant verification requests remain unsatisfied, the action is premature and was properly dismissed (Nyack Hosp. v State Farm Mut. Auto. Ins. Co., 19 AD3d 569, 570 [2005]; New York & Presbyt. Hosp. v Progressive Cas. Ins. Co., 5 AD3d 568, 570 [2004]; Vista Surgical Supplies, Inc. v General Assur. Co., 12 Misc 3d 129[A], 2006 NY Slip Op 51034[U] [App Term, 2d & 11th Jud Dists 2006]).

Rudolph, P.J., Tanenbaum and LaCava, JJ., concur.

Legal questions

A question 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.

Outstanding verification and premature actions

Open the full map

Did unanswered verification requests make the provider’s claim premature, or justify denying it for nonresponse?

This decision: Timely requests went unanswered; the claim is not overdue and the action is premature

Held the action premature because medical-necessity verification requested from the prescribing physician, with notice letters to the provider, remained unsatisfied; the regulations permit requests to non-applicants if the applicant is informed.

  • Appellate DivisionApp Div 31
  • Appellate TermApp Term 285
  • Trial courtsTrial 69
2014, Appellate Division: 2 decisions (1 Premature: verification outstanding, 1 Triable issue)2013, Appellate Division: 2 decisions (2 Insurer's showing fails)2011, Appellate Division: 5 decisions (3 Premature: verification outstanding, 1 Triable issue, 1 Provider complied)2009, Appellate Division: 2 decisions (1 Premature: verification outstanding, 1 Insurer's showing fails)2008, Appellate Division: 2 decisions (2 Triable issue)2007, Appellate Division: 6 decisions (3 Premature: verification outstanding, 1 Triable issue, 1 Insurer's showing fails, 1 Provider complied)2006, Appellate Division: 2 decisions (1 Premature: verification outstanding, 1 Triable issue)2005, Appellate Division: 4 decisions (2 Premature: verification outstanding, 1 Triable issue, 1 Provider complied)2004, Appellate Division: 5 decisions (1 Premature: verification outstanding, 1 Nonresponse denial upheld, 1 Triable issue, 2 Insurer's showing fails)2026, Appellate Division: 1 decision (1 Nonresponse denial upheld)2023, Appellate Term: 2 decisions (2 Nonresponse denial upheld)2022, Appellate Term: 14 decisions (6 Premature: verification outstanding, 1 Nonresponse denial upheld, 4 Triable issue, 3 Insurer's showing fails)2021, Appellate Term: 4 decisions (3 Premature: verification outstanding, 1 Triable issue)2020, Appellate Term: 5 decisions (1 Premature: verification outstanding, 3 Triable issue, 1 Insurer's showing fails)2019, Appellate Term: 26 decisions (11 Premature: verification outstanding, 3 Nonresponse denial upheld, 10 Triable issue, 2 Insurer's showing fails)2018, Appellate Term: 9 decisions (2 Premature: verification outstanding, 7 Triable issue)2017, Appellate Term: 41 decisions (15 Premature: verification outstanding, 22 Triable issue, 4 Insurer's showing fails)2016, Appellate Term: 39 decisions (9 Premature: verification outstanding, 26 Triable issue, 4 Insurer's showing fails)2015, Appellate Term: 21 decisions (9 Premature: verification outstanding, 11 Triable issue, 1 Insurer's showing fails)2014, Appellate Term: 16 decisions (10 Premature: verification outstanding, 6 Triable issue)2013, Appellate Term: 11 decisions (9 Premature: verification outstanding, 1 Triable issue, 1 Insurer's showing fails)2012, Appellate Term: 12 decisions (10 Premature: verification outstanding, 2 Triable issue)2011, Appellate Term: 7 decisions (7 Premature: verification outstanding)2010, Appellate Term: 15 decisions (13 Premature: verification outstanding, 1 Insurer's showing fails, 1 Provider complied)2009, Appellate Term: 10 decisions (4 Premature: verification outstanding, 6 Insurer's showing fails)2008, Appellate Term: 12 decisions (2 Premature: verification outstanding, 10 Insurer's showing fails)2007, Appellate Term: 6 decisions (4 Premature: verification outstanding, 2 Insurer's showing fails)2006, Appellate Term: 7 decisions (3 Premature: verification outstanding, 4 Insurer's showing fails)2005, Appellate Term: 8 decisions (1 Triable issue, 6 Insurer's showing fails, 1 Provider complied)2004, Appellate Term: 3 decisions (1 Premature: verification outstanding, 2 Insurer's showing fails)2003, Appellate Term: 2 decisions (1 Triable issue, 1 Insurer's showing fails)2024, Appellate Term: 2 decisions (1 Triable issue, 1 Insurer's showing fails)2025, Appellate Term: 12 decisions (1 Premature: verification outstanding, 11 Nonresponse denial upheld)2026, Appellate Term: 1 decision (1 Insurer's showing fails)2023, Trial courts: 2 decisions (1 Premature: verification outstanding, 1 Triable issue)2022, Trial courts: 1 decision (1 Premature: verification outstanding)2021, Trial courts: 5 decisions (1 Nonresponse denial upheld, 2 Triable issue, 2 Insurer's showing fails)2020, Trial courts: 2 decisions (2 Insurer's showing fails)2018, Trial courts: 1 decision (1 Insurer's showing fails)2017, Trial courts: 6 decisions (1 Premature: verification outstanding, 1 Nonresponse denial upheld, 4 Insurer's showing fails)2014, Trial courts: 1 decision (1 Insurer's showing fails)2013, Trial courts: 1 decision (1 Triable issue)2012, Trial courts: 7 decisions (2 Premature: verification outstanding, 2 Triable issue, 2 Insurer's showing fails, 1 Provider complied)2011, Trial courts: 2 decisions (2 Insurer's showing fails)2010, Trial courts: 3 decisions (2 Premature: verification outstanding, 1 Insurer's showing fails)2009, Trial courts: 5 decisions (3 Premature: verification outstanding, 1 Insurer's showing fails, 1 Provider complied)2008, Trial courts: 8 decisions (5 Premature: verification outstanding, 1 Triable issue, 2 Insurer's showing fails)2007, Trial courts: 1 decision (1 Insurer's showing fails)2006, Trial courts: 2 decisions (1 Premature: verification outstanding, 1 Insurer's showing fails)2005, Trial courts: 8 decisions (3 Premature: verification outstanding, 4 Insurer's showing fails, 1 Provider complied)2004, Trial courts: 2 decisions (1 Premature: verification outstanding, 1 Provider complied)2024, Trial courts: 1 decision (1 Nonresponse denial upheld)2025, Trial courts: 4 decisions (2 Nonresponse denial upheld, 2 Triable issue)2026, Trial courts: 7 decisions (1 Premature: verification outstanding, 3 Nonresponse denial upheld, 1 Triable issue, 2 Insurer's showing fails)This decision
20052010201520202025
Premature: verification outstandingNonresponse denial upheldTriable issueInsurer's showing failsProvider compliedThis decisionCites it or cited by itCited or followedDistinguished or limited

Of the 385 decisions on this question in the Second Department courts and the Court of Appeals, 153 (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.

Cited in this decision

A label shows how this decision treated the case it cites.

  • Long Is. Radiology v Allstate Ins. Co. (2007 NY Slip Op 00496)An insurer may assert lack of medical necessity against a radiologist seeking assigned no-fault benefits for prescribed MRIs. The provider argued that the defense was unavailable because it performed MRIs on prescription without diagnosing patients, conducting physical examinations, or assessing necessity.
  • Nyack Hosp. v State Farm Mut. Auto. Ins. Co. (2005 NY Slip Op 05278) FollowedA hospital's no-fault claim was premature because requested verification of the assignor's post-accident blood alcohol level remained outstanding.
  • New York & Presbyt. Hosp. v Progressive Cas. Ins. Co. (2004 NY Slip Op 01750) FollowedThe insurer proved policy exhaustion on one hospital claim and absence of coverage on another, requiring dismissal of both.
  • Vista Surgical Supplies, Inc. v General Assur. Co. (2006 NY Slip Op 51034(U)) FollowedThe provider's action was premature because timely verification requests remained unanswered when the action began.

Cited by (20)

A label shows how the later decision treated this one.

  • Triangle R, Inc. v Clarendon Ins. Co. (2010 NY Slip Op 52159(U)) Contrasted (cf., but see)The provider's action was premature because timely verification requests remained unanswered when it sued.
  • Lenox Hill Radiology & MIA P.C. v Global Liberty Ins. (2008 NY Slip Op 28197) FollowedThe provider's action was premature because it failed to supply properly requested verification concerning its MRI claims.
  • GNK Med. Supply, Inc. v Tri-State Consumer Ins. Co. (2012 NY Slip Op 52195(U)) FollowedThe insurer established that the provider's claim was premature because properly mailed verification requests went unanswered.
  • Pro-Align Chiropractic, P.C. v Travelers Prop. Cas. Ins. Co. (2017 NY Slip Op 27415) FollowedThe insurer failed to establish good reasons for its verification demands, and the provider's objection letters reasonably justified noncompliance.
  • Cambridge Med., P.C. v Progressive Cas. Ins. Co. (2010 NY Slip Op 20272) FollowedAn insurer need not notify an injured assignor when following up on verification requested from the provider under 11 NYCRR 65-3.6 (b).
  • Park Slope Med. & Surgical Supply, Inc. v Country-Wide Ins. Co. (2008 NY Slip Op 51063(U)) FollowedAn insurer's follow-up verification request sent on the 30th day after its initial request is timely under 11 NYCRR 65-3.6 (b).
  • American Tr. Ins. Co. v PDA NY Chiropractic, P.C. (2023 NY Slip Op 50938(U)) FollowedA provider's substantial compliance with reasonable additional verification requests does not make its claims payable.
  • Central Park Physical Medicine & Rehab., P.C. v Travelers Indem. Co. of Conn. (2017 NY Slip Op 51354(U)) FollowedThe provider's two EUO nonappearances breached a condition precedent, and its post-denial letters did not excuse noncompliance.
  • Baldwin Med. Servs., P.C. v Maya Assur. Co (2026 NY Slip Op 51329(U)) FollowedThe insurer failed to establish timely, proper mailing of its initial verification request, defeating summary judgment for nonresponse.
  • D & R Med. Supply v Progressive Ins. Co. (2009 NY Slip Op 29139) FollowedA provider need not supply verification materials outside its possession, custody or control after advising the insurer that it lacks them.
Show all 20 citing decisions
  • Global Liberty Ins. Co. v Jonathan Lewin, M.D., P.C. (2017 NY Slip Op 50897(U)) Followed
  • Lenox Hill Radiology v Global Liberty Ins. Co. of N.Y. (2017 NY Slip Op 50978(U)) Followed
  • A & F Med., P.C. v Global Liberty Ins. Co. of N.Y. (2018 NY Slip Op 51812(U)) Followed
  • Mary Immaculate Hosp. v New York Cent. Mut. Fire Ins. Co. (2008 NY Slip Op 52046(U))
  • Advantage Radiology, P.C. v Nationwide Mut. Ins. Co. (2017 NY Slip Op 27061)
  • MB Advanced Equip., Inc. v MVAIC (2015 NY Slip Op 25199)
  • Canon Chiropractic P.C. v MVAIC (2013 NY Slip Op 52044(U))
  • Advanced Neurological Care, P.C. v State Farm Mut. Auto. Ins. Co. (2012 NY Slip Op 22373)
  • Right Solution Med. Supply, Inc. v NY Cent. Mut. Fire Ins. Co. (2014 NY Slip Op 51860(U))
  • American Kinetics Lab, Inc. v Travelers Ins. Co. (2022 NY Slip Op 51212(U))

Similar decisions

  • Dilon Med. Supply Corp. v Travelers Ins. Co. (2005 NY Slip Op 25113)A medical supplier must respond to a proper request for a letter of medical necessity even if it lacks clinical expertise.
  • Metroscan Med. Diagnostics, P.C. v Progressive Cas. Ins. Co. (2007 NY Slip Op 50500(U))The provider's action was premature because its incomplete assignment left the insurer's verification requests unsatisfied.
  • Zwanger & Pesiri Radiology Group, LLP v Mapfre Ins. Co. (2017 NY Slip Op 50981(U))The insurer failed to establish proper mailing of verification requests and its denial, or that requested verification remained outstanding.
  • Elmont Open MRI & Diagnostic Radiology, P.C. v State Farm Ins. Co. (2007 NY Slip Op 50988(U))The provider's summary judgment motion was denied despite its objection to verification sought from the referring physician.
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