N.Y. Comp. Codes R. & Regs. tit. 11 § 68.6 : INSURANCE — Policy and Certificate Provisions — Property and Casualty Insurance — Charges For Professional Health Services — Health services performed outside New York State

(a)
(1) If a professional health service reimbursable under Insurance Law section 5102(a)(1) is performed outside this State, the amount that the insurer shall reimburse for [such] the service shall be the lower of the amount charged by the provider and the prevailing fee in the geographic location of the provider with respect to services:
(i) that constitute emergency care;
(ii) provided to an eligible injured person that is not a resident of this State; or
(iii) provided to an eligible injured person that is a resident of this State who, at the time of treatment, is residing in the jurisdiction where the treatment is being rendered for reasons unrelated to the treatment.
(2) For purposes of this subdivision, emergency care means all medically necessary treatment initiated within 48 hours of a motor vehicle accident for a traumatic injury or a medical condition resulting from the accident, which injury or condition manifests itself by acute symptoms of sufficient severity such that absence of immediate attention could reasonably be expected to result in: death; serious impairment to bodily functions; or serious dysfunction of a bodily organ or part. Medically necessary treatment shall include immediate pre-hospitalization care, transportation to a hospital or trauma center, emergency room care, surgery, critical and acute care. Emergency care extends during the period of initial hospitalization until the patient is discharged from the hospital.
(b) Except as provided in subdivision (a) of this section, if a professional health service reimbursable under Insurance Law section 5102(a)(1) is performed outside this State with respect to a n eligible injured person that is a resident of this State, the amount that the insurer shall reimburse for the service shall be the lowest of:
(1) the amount of the fee set forth in the region of this State that has the highest applicable amount in the fee schedule for that service;
(2) the amount charged by the provider; and
(3) the prevailing fee in the geographic location of the provider.
(c) If the jurisdiction in which the treatment is being rendered has established a fee schedule for reimbursing health services rendered in connection with claims for motor vehicle-related injuries and the fee schedule applies to the service being provided, the prevailing fee amount specified in subdivisions (a) and (b) of this section shall be the amount prescribed in that jurisdiction's fee schedule for the respective service.

N.Y. Comp. Codes R. & Regs. Tit. 11 § 68.6

Amended New York State Register October 25, 2017/Volume XXXIX, Issue 43, eff. 1/9/2018