In the Matter of Medical Society of the State of New York et al., Appellants,
v.
State of New York Department of Health et al., Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued February 16, 1994.
Decided March 29, 1994.
Attorney(s) appearing for the Case
Sidley & Austin (Richard D. Raskin, Jack R. Bierig and Susan A. Weber of counsel, of the Illinois Bar, admitted pro hac vice), Gleason, Dunn, Walsh & O'Shea, Albany (Thomas F. Gleason of counsel), and Donald R. Moy, Lake Success, for appellants.
G. Oliver Koppell, Attorney-General, Albany (Frank K. Walsh, Jerry Boone and Peter H. Schiff of counsel), for respondents.
Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH and LEVINE concur; Judge TITONE taking no part.
Court of Appeals of the State of New York.
CIPARICK, J.
On July 18, 1990, the State Legislature enacted Public Health Law § 19 (L 1990, ch 572) to prevent physicians from charging Medicare beneficiaries excessive amounts via "balance billing," the billing option whereby physicians may directly bill beneficiaries amounts in excess of Medicare's approved rates for covered services. In this combined CPLR article...
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