For nearly a year now, the industry has been buzzing about the proposed changes to 11 NYCRR 65-3 (Insurance Regulation No. 68-C), some speculating that the proposed changes would spell the end of no-fault insurance as we know it. The proposed Fourth Amendment to 11 NYCRR 65-3 was initially released in May 2012 as part of the Cuomo administration’s aggressive insurance reform campaign aimed at ending no-fault fraud and stopping the rapid rise in automobile insurance rates.1
According to the Department of Financial Services, the proposed new amendment was cultivated with two predominant goals in mind: to prevent health care providers from being paid for services they do not actually provide; and to address certain technical issues that may be used to prevent a decision on a claim or keep an otherwise faulty claim open. Both of these issues, according to the department, increase costs to consumers.2
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