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.
Joseph J. Sweere, DC, DABCO, DACBOH, FICC
Dr. Joseph Sweere is a professor in the Chiropractic Clinical Sciences Division and chairman of the Department of Occupational Health, College of Chiro-practic at North-western Health Sciences University.