N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 325-7.7

Current through Register Vol. 46, No. 45, November 2, 2024

Section 325-7.7 - Improper influence in diagnostic testing

(a) No person, including but not limited to the employer, insurance carrier, or any of their agents, contractors, servants or employees shall interfere with the selection by a claimant of an affiliated network provider except to the extent that the insurance carrier provides a list of affiliated network providers in accordance with section 325-7.5(d)(1)(i)(c) and (h) of this Subpart; nor shall any insurance carrier influence or attempt to influence the medical opinion or diagnostic test results of any affiliated network provider, by whom or through which diagnostic examinations and tests were performed and which examinations or tests are interpreted within the meaning of Workers' Compensation Law section 13-a(7) and this Subpart. Nothing in this section shall prevent a carrier from recommending the use of a particular affiliated network provider.

(b) Insurance carriers shall not participate in the performance of diagnostic examinations and tests, or any reports resulting from such diagnostic examinations and tests of a claimant.