New Age Acupuncture, P.C. v. 21st Century Ins. Co., 2016 NYSlipOp 50737(U)
Lower Court granted summary judgment against acupuncture provider with respect to CPT code 97026, which is for infared treatment. Appellate Term reversed stating:
Upon a review of the record, we find that defendant’s moving papers failed to demonstrate defendant’s prima facie entitlement to summary judgment with respect to so much of the complaint as sought to recover for services billed using CPT code 97026 (Rogy Med., P.C. v. Mercury Cas. Co., 23 Misc.3d 132 [A], 2009 N.Y. Slip Op 50732[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2009]; see generally Sunrise Acupuncture PC v. Tri–State Consumer Ins. Co., 42 Misc.3d 151[A], 2014 N.Y. Slip Op 50435[U] [App Term, 1st Dept 2014] ). Accordingly, the order, insofar as appealed from, is reversed and the branch of defendant’s motion seeking summary judgment dismissing so much of the complaint as sought to recover for services billed using CPT code 97026 is denied.
Some carriers deny infared outright, no matter what.