Are entitled to be reimbursed for services provided, according to a recent opinion letter from Insurance Department.

The question was prompted by this decision.

In a letter dated May 30, 2008 the Insurance Department answered a question posed by David M. Barshay, Esq. of Baker, Sanders, Barshay, Grossman, Fass, Muhlstock & Neuwirth:

This letter responds to your inquiry as to whether massage therapy services provided to an eligible injured person by a licensed massage therapist are covered by the No-Fault law.

Pursuant to Insurance Law Section 5102(a)(1), No-Fault benefits shall be recoverable for:

All necessary expenses occured for…(iv) any other professional health services. (emphasis in original)

The term emphasized above is defined by 11 N.Y.C.R.R Section 65-3.36(a)(6), which provides:

The term ‘any other professional services,’ as used in section5102(a)(1)(iv) of the Insurance Law, this Part and approved endorsements, shall be limited to those services that are required or would be required to be licensed by the State of New York if performed within the State of New York. Such professional health services should be necessary for the treatment of the injuries sustained and within the lawful scope of the licensee’s practice.

Accordingly, services provided by a licensed massage therapist that are necessary and related to an auto accident are eligible for reimbursement pursuant to the No-Fault Law.