FOONG v. EMPIRE BLUE CROSS AND BLUE SHIELD


305 A.D.2d 330 (2003)

762 N.Y.S.2d 348

ANTHONY FOONG, M.D., et al., Respondents, v. EMPIRE BLUE CROSS AND BLUE SHIELD, Also Known as EMPIRE HEALTH CHOICE, et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 29, 2003.


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 peer review, against the arbitrary termination of health care plan contracts, but does not provide for any means of enforcement (see Uhr v East Greenbush Cent. School Dist., 94 N.Y.2d 32, 38, 39-40 [1999]). We reject defendant's argument that such a right of action will thwart...

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