Legal Opinion
Berger v. New York State Department of Social Services
Appellate Division of the Supreme Court of the State of New York
Decided June 25, 1992PublishedCited by 7 opinions
1Opinion of the Court
OPINION OF THE COURT
Harvey, J.
Plaintiff, a physician licensed to practice in New York, is a radiologist with a subspecialty in sonography, also known as ultrasound. Plaintiff was, during all relevant times, a Medicaid provider who performed and billed Medicaid for sonographic examinations performed on Medicaid recipients. Among those billings were ones for consecutive sonograms on one or more patients during a single visit and, in each case, plaintiff billed each sonogram at the full amount set forth in the Medicaid Management Information System (hereinafter MMIS) reimbursement fee schedule.
In…
2Cases cited5 opinions
- Kurcsics v. Merchants Mutual InsuranceNew York Court of Appeals · 1980
- Catlin v. SobolNew York Court of Appeals · 1991
- Judd v. ConstantineAppellate Division of the Supreme Court of the State of New York · 1990
- De Mayo v. Rensselaer Polytech InstituteNew York Court of Appeals · 1989
- Cabrini Medical Center v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by7 opinions
- Mecca v. DowlingAppellate Division of the Supreme Court of the State of New York · 1994
- Garofalo v. DowlingAppellate Division of the Supreme Court of the State of New York · 1996
- Herzog v. BaneAppellate Division of the Supreme Court of the State of New York · 1993
- New York State Clinical Laboratory Ass'n v. KaladjianAppellate Division of the Supreme Court of the State of New York · 1993
- Brentwood Pain & Rehabilitation Services, P.C. v. Allstate InsuranceDistrict Court, S.D. New York · 2007
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