2015-02-18 GOVERNMENT EMPLOYEES INSURANCE CO., et al., appellants, v. AVANGUARD MEDICAL GROUP, PLLC, respondent. Melito & Adolfsen, P.C., New York City ( Louis G. Adolfsen and S. Dwight Stephens of counsel), for appellants. Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Einiger, LLP, New York City ( John Belesi and David Verschell of counsel), for respondent. Greenberg Traurig, LLP, New York City ( Francis J. Serbaroli of counsel), for amicus curiae New York State Association of Ambulatory
(a) The charges for services specified in paragraph one of subsection (a) of section five thousand one hundred two of this article and any further health service charges which are incurred as a result of the injury and which are in excess of basic economic loss, shall not exceed the charges permissible under the schedules prepared and established by the chairman of the workers' compensation board for industrial accidents, except where the insurer or arbitrator determines that unusual procedures or
1. The following words or phrases, as used in this section shall have the following meanings: (a) "Accredited status" means the full accreditation by nationally-recognized accrediting agency(ies) determined by the commissioner. (b) "Adverse event" means (i) patient death within thirty days; (ii) unplanned transfer to a hospital or emergency department visit within seventy-two hours of office-based surgery for reasons related to the office-based surgery encounter; (iii) unscheduled hospital admission
If a professional health service is performed which is reimbursable under section 5102(a)(1) of the Insurance Law, but is not set forth in fee schedules adopted or established by the superintendent, and: (a) if the superintendent has adopted or established a fee schedule applicable to the provider, then the provider shall establish a fee or unit value consistent with other fees or unit values for comparable procedures shown in such schedule, subject to review by the insurer; or (b) if the superintendent
(a) Medicaid reimbursement for ambulatory surgery services provided by licensed free-standing ambulatory surgical centers and hospital-based ambulatory surgery services shall be based upon a single payment schedule with a discrete price for each of the separate groupings of surgical procedures set forth in this section. (b) Reimbursement for ambulatory surgery services shall be based upon the Products of Ambulatory Surgery (PAS) classification system as defined in subdivision (o) of this section
When ambulatory surgery services are provided, the operator shall ensure that: (a) there is a documented plan and procedure for the transfer of patients to a nearby hospital when hospitalization is indicated. Such plans shall include arrangements for an ambulance service and, when appropriate, escort of the patient to the hospital by a clinical staff member of the ambulatory surgery service; (b) the specific ambulatory surgical procedures which each physician and dentist is qualified and competent