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Subject Number 046-1449 Chair's Policy Regarding Payments by Durable Medical Equipment Suppliers To Health Care Providers

Board Bulletins and Subject Numbers

September 15, 2021

To: Health Care Providers and Suppliers of Durable Medical Equipment

The Chair has determined that the solicitation or receipt of payments from a third party for chiropractic or other health care treatment and services (including so-called "fitting fees" or "service fees") are prohibited by the Workers' Compensation Law, the Rules of the Board of Regents governing the professions, and the New York State Education Law governing the practice of medicine. The Chair has taken, and will continue to take, administrative action against any provider found violating the law.

The Chair's investigation revealed a practice whereby certain suppliers of durable medical equipment (DME) had entered into service agreements with certain health care providers, primarily doctors of chiropractic medicine, under which such providers would be paid a fee ("fitting fee") in connection with prescriptions for DME for workers' compensation claimants. The Chair determined that this practice violates Workers' Compensation Law §13-d(2)(g) and The Rules of the Board of Regents, 8 NYCRR 29.1(b)(2) and (3), prohibiting soliciting and receiving payments from a third party in connection with the rendering of chiropractic services.

For further guidance on durable medical equipment, see the Durable Medical Equipment Fee Schedule FAQs on the Board's website.

Clarissa M. Rodriguez