Legislation
SECTION 5108
Limit on charges by providers of health services
Insurance (ISC) CHAPTER 28, ARTICLE 51
§ 5108. Limit on charges by providers of health services. (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
unique circumstances justify the excess charge.
(b) The superintendent, after consulting with the chairman of the
workers' compensation board and the commissioner of health, shall
promulgate rules and regulations implementing and coordinating the
provisions of this article and the workers' compensation law with
respect to charges for the professional health services specified in
paragraph one of subsection (a) of section five thousand one hundred two
of this article, including the establishment of schedules for all such
services for which schedules have not been prepared and established by
the chairman of the workers' compensation board.
(c) No provider of health services specified in paragraph one of
subsection (a) of section five thousand one hundred two of this article
may demand or request any payment in addition to the charges authorized
pursuant to this section. Every insurer shall report to the commissioner
of health any patterns of overcharging, excessive treatment or other
improper actions by a health provider within thirty days after such
insurer has knowledge of such pattern.
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
unique circumstances justify the excess charge.
(b) The superintendent, after consulting with the chairman of the
workers' compensation board and the commissioner of health, shall
promulgate rules and regulations implementing and coordinating the
provisions of this article and the workers' compensation law with
respect to charges for the professional health services specified in
paragraph one of subsection (a) of section five thousand one hundred two
of this article, including the establishment of schedules for all such
services for which schedules have not been prepared and established by
the chairman of the workers' compensation board.
(c) No provider of health services specified in paragraph one of
subsection (a) of section five thousand one hundred two of this article
may demand or request any payment in addition to the charges authorized
pursuant to this section. Every insurer shall report to the commissioner
of health any patterns of overcharging, excessive treatment or other
improper actions by a health provider within thirty days after such
insurer has knowledge of such pattern.