USEFUL INFORMATION REMINDER FROM LARRY ROGAK * Don't just get THE ROGAK REPORT by email; visit the newsletter site and search past issues for case law you...
1773
insurancelawyer
Nov 3, 2008 10:29 pm
DESPITE DOCTOR'S ADMISSION OF FRAUD, ARB AWARD IN FAVOR OF PROVIDER IS UPHELD Matter of Travelers Indemnity Company v Tri Borough Medical Supply, Inc., 2008 NY...
1774
insurancelawyer
Nov 6, 2008 6:30 pm
HOSPITAL FACILITY FORM IS EQUIVALENT OF NO-FAULT APPLICATION; NO-FAULT INSURER CANNOT DEMAND BOTH Nyack Hosp. a/a/o Gerald Hutchinson v New York Central Mutual...
1775
insurancelawyer
Nov 6, 2008 6:52 pm
CLAIMANT MUST EXHAUST REMEDIES AGAINST KNOWN DRIVER BEFORE MAKING MVAIC CLAIM Dr. Abakin, D.C., P.C. a/a/o Louis Jonas v. MVAIC 2008 NYSlipOp 52186(U)...
1776
insurancelawyer
Nov 6, 2008 6:54 pm
DESPITE UNTIMELY DENIAL, NO-FAULT INSURER GETS DISCOVERY ON FRAUDULENT INCORPORATION ISSUE Corona Hgts. Med., P.C. a/a/o Edward Minter v. State Farm Mut. Auto....
1777
insurancelawyer
Nov 6, 2008 6:55 pm
DEFENSE COUNSEL SITS ON DEFAULT JUDGMENT FOR 10 MONTHS, AND GUESS WHAT? HE CAN'T GET IT VACATED Psychology Ym, P.C. a/a/o Jaime Diaz v. Hartford Accident &...
1778
insurancelawyer
Nov 6, 2008 7:03 pm
ONCE MVAIC DENIES CLAIM, CLAIMANT HAS ONLY 3 YEARS IN WHICH TO DEMAND ARBITRATION Linden Med., P.C. a/a/o Taji Fishburne v. MVAIC 2008 NYSlipOp 52188(U) ...
1779
insurancelawyer
Nov 6, 2008 7:29 pm
BURNS SUSTAINED WHEN CIGARETTE IGNITED GAS-SOAKED PANTS DO NOT QUALIFY FOR NO-FAULT BENEFITS Hammond v. GMAC Ins. Group 2008 NY Slip Op 08396 Decided on...
1780
insurancelawyer
Nov 7, 2008 7:58 pm
NO-FAULT PROVIDER MAY NOT SEEK MEDICAL RECORDS FROM INSURER'S FILE WITHOUT AUTHORIZATION MD Imaging, P.C. v Progressive Northern Ins. Co. 2008 NY Slip Op...
1781
David M. Barshay
thebarsh
Nov 7, 2008 8:20 pm
Isn't your reading of this case misleading? Doesn't it say aobos enough? David M. Barshay, Esq. Baker, Sanders, Barshay, Grossman, Fass, Muhlstock, and...
1782
insurancelawyer
Nov 7, 2008 8:42 pm
Reply to Dave Barshay: I think the Court misused the term "assignment of benefits" here. An AOB would not entitle the provider to review the insurer's file,...
1783
David M. Barshay
thebarsh
Nov 7, 2008 9:02 pm
Reread the case. There was an assignment on one claim. Doubt there was a HIPAA authorization. David M. Barshay, Esq. Baker, Sanders, Barshay, Grossman, Fass,...
1784
David M. Barshay
thebarsh
Nov 7, 2008 9:02 pm
As a side note, hippa doesn't apply for about a dozen reasons. David M. Barshay, Esq. Baker, Sanders, Barshay, Grossman, Fass, Muhlstock, and Neuwirth, LLC 150...
1785
Louis Schepp
ljschepp
Nov 7, 2008 10:52 pm
The following: The plaintiff must provide an assignment of benefits or authorization form to the defendant establishing that the assignor has authorized the...
1786
insurancelawyer
Nov 7, 2008 10:52 pm
STIP OF DISCONTINUANCE "WITH PREJUDICE" BARS RE-FILING NEW SUIT ON SAME CLAIM Support Billing & Mgt. Co. a/a/o Daniel Tavares v State Farm Mut. Ins. Co. 2008...
1787
Barry Zalma
bzalma
Nov 7, 2008 10:52 pm
Friends: The November 1, 2008 issue of Zalma's Insurance Fraud Letter has been published at my web site at http://www.zalma.com <http://www.zalma.com/> . You...
1788
David M. Barshay
thebarsh
Nov 7, 2008 11:00 pm
I'm agreed with? David M. Barshay, Esq. Baker, Sanders, Barshay, Grossman, Fass, Muhlstock, and Neuwirth, LLC 150 Herricks Road Mineola, New York 11501 ...
1789
Aaron Perretta
aj_perretta
Nov 8, 2008 5:11 pm
Yes, David: Louis agrees with you, and I agree with you: an AoB is enough. OR an "authorization" is enough. It makes sense that if the assignor is assiging his...
1790
insurancelawyer
Nov 8, 2008 5:13 pm
Fran Kanterman replies: Who's agreeing with Barshay- isn't this quite clear- u need a Hippa compliant authorization in order to turn over documents not related...
1791
insurancelawyer
Nov 10, 2008 7:03 pm
An eBay seller is offering FREE SHIPPING on my book, Rogak's New York No-Fault Law & Practice. See, Virginia? There is a Santa Claus! Put Rogak's New York...
1792
David M. Barshay
thebarsh
Nov 10, 2008 7:03 pm
Hippa does not apply for about a dozen reasons. David M. Barshay, Esq. Baker, Sanders, Barshay, Grossman, Fass, Muhlstock, and Neuwirth, LLC 150 Herricks Road ...
1793
insurancelawyer
Nov 11, 2008 10:51 pm
I have been reading these replies, so the question that comes to mind is what gives the insurance company the right to send out private medical reports to...
1794
insurancelawyer
Nov 11, 2008 10:56 pm
So to answer that question- that's the authorization to release meds that all the claimant's sign along with the assignment in order for the provider to get...
1795
insurancelawyer
Nov 11, 2008 10:57 pm
The application for benefits gives the insurer the right to share the claimant's medicals as necessary to process the claim.Sending the medicals to the vendor...
1796
David M. Barshay
thebarsh
Nov 11, 2008 11:32 pm
With all due respect, you are assuming that the insurer is a "covered entity" as defined by the reg and HHS. If the insurer only writes no-fault or comp, they...
1797
insurancelawyer
Nov 11, 2008 11:47 pm
That's not what the court found in the Westbury v. Lumbermens case. That court found that an entity that pays the cost of medical benefits is a covered entity...
1798
David M. Barshay
thebarsh
Nov 12, 2008 12:16 am
There is none. The reg provides for disclosures for processing claims. Peer reviews are specifically mentioned by HHS. The number of exceptions almost swallow...
1799
David M. Barshay
thebarsh
Nov 12, 2008 12:16 am
As you know, Westbury is a lower court case and it's definition of a covered entity was much broader than what the reg provides. I suppose its how you define...
1800
insurancelawyer
Nov 12, 2008 6:30 pm
MUNICIPAL EMPLOYER HAS NO LIEN FOR UNION BENEFITS ON EMPLOYEE'S BI SETTLEMENT Matter of Rodriguez v New York City Transit Auth. 2008 NY Slip Op 52257(U)...
1801
TheRogakReport@yahoog...
Nov 16, 2008 12:21 pm
USEFUL INFORMATION REMINDER FROM LARRY ROGAK * Don't just get THE ROGAK REPORT by email; visit the newsletter site and search past issues for case law you...
