OGC Op. No. 07-09-28
The Office of General Counsel issued the following opinion on September 27, 2007, representing the position of the New York State Insurance Department.
RE: Billing by Nurse Practitioner for Services Rendered by Licensed Massage Therapist
1. May a nurse practitioner lawfully bill patients for services rendered by a licensed massage therapist so long as the specific service is among those that the therapist is licensed to perform?
2. Is the answer to the first question any different if the nurse practitioner neither supervises nor is present while the therapist renders his or her services?
The answers to both questions are not within the jurisdiction of the New York State Insurance Department. The Department generally opines only the New York Insurance Law, but your inquiry is governed by the provisions of the New York Education Law.
The inquiry is general in nature, without reference to any specific facts other than that the services performed were general in nature rather than in connection with a no-fault claim arising from automobile accident.
The Insurance Department has specific regulations (and billing constraints) that apply to licensed massage therapists, but only with respect to no-fault automobile accidents. For answers to the specific questions posed, please contact the New York State Education Department. Article 136 of the Education Law, which can be found online at http://www.op.nysed.gov/article136.htm, sets forth the statutory provisions that govern the performance of services by licensed massage therapists. For questions concerning the practice of massage therapy, you may communicate with Kathleen M. Doyle, Executive Secretary. Her email address is [email protected]. She also can be reached at (518) 474-3817, ext. 150, or by fax at (518) 486-2981.
For further information, you may contact Associate Tax Counsel Ann H. Logan at the New York City office.