South Island Orthopaedic Group, P.C. v. DiNapoli

Mercure, J.P.

This case presents an issue identical to that before us in Matter of Martin H. Handler, M.D., P.C. v DiNapoli (88 AD3d 1187 *1187[2011] [decided herewith]). Briefly, petitioner is a nonparticipating provider of medical services under the Empire Plan, the primary health benefits plan for state and local government employees and their dependents. The state contracts with respondent United Healthcare Insurance Company of New York to process Empire Plan claims and United, in turn, pays a portion of fees charged by nonparticipating providers directly to members. Respondent Comptroller…