Skip to main content

Health care litigation · for providers

Denied No-Fault Benefits for Providers

A no-fault denial is a statement of grounds. Each ground has a rule, and each rule is answered by a particular part of your file.

Read the ground, ask for any report it relies on, check the file, then choose arbitration or court.

(516) 227-2662
An empty medical examination room with a padded treatment table, an exam lamp and a window with a half-lowered blind.

Denial grounds

The ground on the denial, the rule behind it, and what to pull

Insurers deny on a limited set of grounds. A denial can be partial: the undisputed part of a bill still has to be paid (65-3.8(d)). Whether a ground holds up depends on the dates and the records.

Late proof of claim
What the rule saysDue 45 days after the service unless written proof gives a clear and reasonable justification (65-1.1); the denial must say late notice is excused with a reasonable justification (65-3.3(e)).
What to pull from the fileProof of the mailing or upload date; the written reason for any delay
Not medically necessary (IME or peer review)
What the rule saysThe insurer must release the report on written request (65-3.8(b)(4)); necessity is a defense to the bill (Insurance Law 5102(a)(1)).
What to pull from the fileTreatment records; a rebuttal from the treating provider
Fee schedule
What the rule saysCharges are limited to the schedules unless unusual procedures or unique circumstances justify more (5108(a)); the excess is not payable, not the whole bill (65-3.8(g)).
What to pull from the fileCodes, units and the schedule applied
Verification not provided
What the rule saysGenerally no denial before the relevant requested verification arrives. After 120 days from the first request, an insurer that gave the required warning may deny if verification in your control was neither supplied nor answered with a written reasonable justification; that rule does not cover NF forms, EUOs or medical examinations (65-3.8(b)(3), 65-3.5(o)).
What to pull from the fileEach request and your dated reply or written reasonable justification
EUO or medical examination not attended
What the rule saysAttending when reasonably required is a condition of coverage (65-1.1); requests have timing and reasonableness rules (65-3.5).
What to pull from the fileThe notices, their dates, and your replies or rescheduling letters
Provider not eligible
What the rule saysFoundational licensing failures, control by unlicensed people, or a suspended, revoked or annulled licence; not alleged misconduct short of that by itself (65-3.16(a)(12); Mayzenberg).
What to pull from the fileLicences and ownership records; see compliance
Coverage or policy issue
What the rule saysA late denial on lack of coverage does not by itself bar the defense (65-3.8(e)).
What to pull from the fileThe policy and accident facts the insurer cites
Policy limit used up
What the rule saysBasic economic loss is up to $50,000 per person (Insurance Law 5102(a)).
What to pull from the filePayment ledger showing when the limit was reached

New York no-fault rules for health care providers as of October 12, 2026. This is general information, not advice on a particular claim; the dates on your own bills and letters decide which rule applies.

An axial MRI image of a human brain on a black background.

Request, compare, route

Three steps after a denial arrives

  1. 1

    Request. If the denial relies on an IME or peer review report, ask for it in writing; the insurer must release it to you, your attorney or the treating physician (65-3.8(b)(4)).

  2. 2

    Compare. Set the stated reasons against the treatment records, the fee-schedule coding and the dates. The claim-file checklist lists what each document proves.

  3. 3

    Route. File in no-fault arbitration or in court (collections and litigation). If you do not act within 30 days after receiving the denial, interest pauses until you do (65-3.9(c)) — an interest rule, not a filing deadline.

Denied after an examination under oath? See EUO representation.

Who handles denied bills

Attorneys who work on provider files

We represent health care providers collecting denied and overdue no-fault bills in arbitration and in court. For where a claim stands, see health care litigation.

  • Robert M. Bott

    Managing No-Fault Attorney. Represents medical providers in the New York courts, before the American Arbitration Association and in NJ Forthright forums, including at insurers’ examinations under oath.

  • Joseph N. Armao

    Senior trial attorney. Practice areas include no-fault collection trials, healthcare provider representation and insurance arbitrations.

  • Jared Mallimo

    Litigation attorney. Practice areas include no-fault arbitration and New York no-fault law.

Questions

Questions about denied no-fault bills

Sources: Insurance Law 5102, 5106, 5108; 11 NYCRR 65-1.1, 65-3.3, 65-3.5, 65-3.8, 65-3.9, 65-3.16, 65-4.2, 65-4.5, 65-4.6; Mayzenberg (2025).

Bring us the denial and the bill

We will read the ground with you, check it against the file and tell you which route fits. The consultation is free.

(516) 227-2662

What to bring

  • The denial form and the date you received it
  • The bill and proof of mailing
  • Any IME or peer review report
  • Verification letters and your replies

Photo credits: Medical examination room by Shixart1985, CC BY 2.0, cropped and resized; Axial MRI image by 511KeV, CC BY-SA 4.0, cropped and resized.