New York's highest court of appeals has held that no-fault insurers cannot deny no-fault benefits where they unilaterally determine that a provider has committed misconduct based upon alleged fraudulent conduct. The Court held that this authority belongs solely to state regulators, specifically New York's Board of Regents, which oversees professional licensing and discipline. This follows a similar recent ruling in Florida reported in this publication.
Sorry, New York, We Goofed
This is a correction and an apology, particularly to the members of the New York State Chiropractic Association, and the Chiropractic Federation of New York.
When developing an article regarding state and national chiropractic issues, we seek input from all the pertinent chiropractic organizations involved. This is called balanced reporting.
In the case of "NY Law Poised to Require Insurers to Cover Chiropractic" (August 25, 1997 issue), a first draft was written, which included information from the New York Chiropractic Council. Subsequent information provided by the Chiropractic Federation of New York, and the New York State Chiropractic Association was then incorporated into a final draft copy. However, (a dreaded word), in the electronic transference of the article to typesetting, the first draft, not the final draft, was transferred and published.
Laurence Peter and Raymond Hall, authors of the often quoted 1969 best seller The Peter Principle: Why Things Go Wrong, noted that "If anything can go wrong, it will." While we're not that pessimistic, this particular error is the first of its kind for us, and we've taken the steps necessary to keep that from happening again.
We want the chiropractic profession to know that all three chiropractic organizations (the New York State Chiropractic Association, the Chiropractic Federation of New York, and the New York Chiropractic Council) worked hard to make the passage and subsequent signing of the New York Chiropractic Insurance Equality law a reality. Again, our apologies.
Editor's note: The New York Chiropractic Insurance Equality act had not been signed when we went to press with our last issue. Governor Pataki, as expected, has since signed the legislation into law. See "Governor Pataki Signs NY Chiropractic Equality Bill" in this issue.