UGP ACUPUNCTURE v. GEICO INS CO (2022)

ORDERED that the order, insofar as appealed from, is affirmed, with $25 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 complaint. By order dated March 16, 2020, the Civil Court denied plaintiff's motion for summary judgment and granted the branch of defendant's cross motion seeking summary judgment dismissing so much of the complaint as sought to recover upon claims billed using CPT codes 97810 and 97811 on the ground that defendant had paid these claims in accordance with the workers’ compensation fee schedule for acupuncture services performed by chiropractors. Plaintiff thereafter moved to renew and reargue its motion for summary judgment and its opposition to defendant's cross motion. Plaintiff appeals from so much of an order of the Civil Court dated March 3, 2021 as, upon reargument, adhered to the court's prior determination in the March 16, 2020 order denying plaintiff's motion for summary judgment and granting the branch of defendant's cross motion seeking summary judgment dismissing so much of the complaint as sought to recover upon claims billed using CPT codes 97810 and 97811.

For the reasons stated in Mind & Body Acupuncture, P.C., as Assignee of Wilson, Bernadette v State Farm Mut. Auto. Ins. Co. (––– Misc 3d ––––, 2022 NY Slip Op –––– [appeal No. 2019-1418 K C], decided herewith), the order, insofar as appealed from, is affirmed.

ALIOTTA, P.J., WESTON and TOUSSAINT, JJ., concur.