FLUSHING TRADITIONAL ACUPUNCTURE v. GEICO INS CO (2020)

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, arguing that it had properly used the workers' compensation fee schedule applicable to chiropractors who render the same services as acupuncturists to reimburse plaintiff for the acupuncture services plaintiff had rendered. Insofar as is relevant to this appeal, the Civil Court denied the branches of plaintiff's motion seeking summary judgment upon so much of the complaint as sought to recover upon the unpaid portion of claims for services billed under CPT codes 97810 and 97811, and granted the branches of defendant's cross motion seeking summary judgment dismissing so much of the complaint as sought to recover upon the unpaid portion of those claims.

For the reasons stated in Flushing Traditional Acupuncture, P.C., as Assignee of Thomas, Latecia v. GEICO Ins. Co. (––– Misc 3d ––––, 2020 NY Slip Op –––– [appeal No. 2018-2154 K C], decided herewith), the order, insofar as appealed from, is affirmed.

ALIOTTA, P.J., ELLIOT and SIEGAL, JJ., concur.