Subject Numbers Regarding Health Provider Authorizations

Authorization No. C06646-6B

March 19, 2025

Pursuant to Workers' Compensation Law ("WCL") Section 13-d(4), the Chair of the New York State Workers' Compensation Board (Board) has exercised her authority to temporarily suspend the authorization of Kevin S. Portnoy, DC (hereinafter, "the provider") to treat injured workers and to perform independent medical examinations in the New York State workers' compensation system, effective March 19, 2025. The provider's last known business address is:

Auburndale Chiropractic
42-23 Francis Lewis Boulevard
Suite 201
Bayside, New York 11361

The Chair's designee's investigation has revealed that on or about October 16, 2024, the Board's Office of General Counsel (OGC) served a Cease-and-Desist Administrative Warning letter on the provider regarding his completion of reviews of prior authorization requests (PARs) regarding variance requests pursuant to 12 NYCRR § 324.3(b)(2)(ii)(a), known as Level 2 reviews, despite not being a "carrier physician," as the term is defined by regulation. On or about October 17, 2024, the provider affirmed that he had ceased performing reviews in the capacity of a carrier physician, and that he would abide by the Workers' Compensation Law, rules, regulations, and promulgated policies of the Board. Upon further investigation, the Board has found instances where the provider has conducted PAR reviews in the capacity of a carrier physician after October 17, 2024.

Therefore, the Chair believes that the provider, a non-physician, has continued to improperly act in the capacity of a carrier physician in violation of 12 NYCRR §§ 324.1(c), 324.3(b)(2) by conducting PAR reviews, and by issuing denials or partial approvals without having the licensure to do so. Such conduct constitutes misconduct pursuant to WCL § 13-d(2)(b), and that such misconduct would detrimentally affect the quality of care provided to injured workers.

The provider is prohibited from rendering treatment and care to injured workers, from performing independent medical examinations, and from conducting reviews of records regarding variance requests pursuant to 12 NYCRR § 324.3(b)(2)(ii)(a). Reports submitted by the provider for services rendered prior to March 19, 2025, are valid but are invalid for any services rendered on or after that date. Requests to cross-examine the provider for services rendered prior to March 19, 2025, should not be denied due to the removal of his authorization.

Any questions regarding the authorized lists should be referred to the Medical Director's Office at 1 (800) 781-2362.