New York Laws
Article 51 - Comprehensive Motor Vehicle Insurance Reparations
5109 - Unauthorized Providers of Health Services.

(b) The commissioner of health and the commissioner of education shall
provide a list of the names of all providers of health services who the
commissioner of health and the commissioner of education shall deem,
after reasonable investigation, not authorized to demand or request any
payment for medical services in connection with any claim under this
article because such provider of health services:
(1) has been guilty of professional or other misconduct or
incompetency in connection with medical services rendered under this
article; or
(2) has exceeded the limits of his or her professional competence in
rendering medical care under this article or has knowingly made a false
statement or representation as to a material fact in any medical report
made in connection with any claim under this article; or
(3) solicited, or has employed another to solicit for himself or
herself or for another, professional treatment, examination or care of
an injured person in connection with any claim under this article; or
(4) has refused to appear before, or to answer upon request of, the
commissioner of health, the superintendent, or any duly authorized
officer of the state, any legal question, or to produce any relevant
information concerning his or her conduct in connection with rendering
medical services under this article; or
(5) has engaged in patterns of billing for services which were not
provided.
(c) Providers of health services shall refrain from subsequently
treating for remuneration, as a private patient, any person seeking
medical treatment under this article if such provider pursuant to this
section has been prohibited from demanding or requesting any payment for
medical services under this article. An injured claimant so treated or
examined may raise this as a defense in any action by such provider for
payment for treatment rendered at any time after such provider has been
prohibited from demanding or requesting payment for medical services in
connection with any claim under this article.
(d) The commissioner of health and the commissioner of education shall
maintain and regularly update a database containing a list of providers
of health services prohibited by this section from demanding or
requesting any payment for health services connected to a claim under
this article and shall make such information available to the public by
means of a website and by a toll free number.
(e) Nothing in this section shall be construed as limiting in any
respect the powers and duties of the commissioner of health,
commissioner of education or the superintendent to investigate instances
of misconduct by a health care provider and, after a hearing and upon
written notice to the provider, to temporarily prohibit a provider of

health services under such investigation from demanding or requesting
any payment for medical services under this article for up to ninety
days from the date of such notice.

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