Foong v. Empire Blue Cross & Blue Shield

Order, Supreme Court, New York County (Charles Ramos, J.), entered October 1, 2002, which, insofar as appealed from, denied defendant health maintenance organization’s motion for summary judgment dismissing plaintiff health care professional’s causes of action for violation of Public Health Law §§ 4406-d and 230 (11) (b), and for breach of contract and breach of the common-law duty of good faith and fair dealing, unanimously affirmed, with costs.

Plaintiff has an implied right of action under Public Health Law § 4406-d, which gives health care providers a measure of due process, in the form of…