Berger v. New York State Department of Social Services

Levine, J. (dissenting).

We respectfully dissent. In focusing exclusively on the language of modifier "-62” in the "General Information and Rules” (hereinafter general rules) of the radiology section of the Medicaid Management Information System (hereinafter MMIS) Provider Manual, the majority, in our view, misses the point of defendant’s rationale for applying the -62 modifier to plaintiffs charges for multiple sonograms performed on the same patient during a single visit. The applicable provision is rule 3 of the general rules of the radiology section of the MMIS Provider Manual. Rule 3…