Selective Insurance Company of America v. Rothman

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Plaintiff Selective Insurance Company of America declined to pay Defendant Arthur Rothman, MD's claims for needle electromyography (EMG) tests performed by his physician assistant (PA). Defendant took the insurance company to arbitration and won. Subsequently, he filed a complaint in the Law Division to confirm the arbitration award. He also initiated a proceeding in the Chancery Division to secure a declaration that PAs are authorized to perform EMGs. That complaint was transferred to the Law Division. In a consolidated opinion, the trial court affirmed the arbitration award and ruled that PAs are authorized to perform EMGs. The Appellate Division reversed, and Defendant appealed. Upon review, the Supreme Court concluded that PAs are not authorized to perform EMG tests, finding that needle EMG tests performed by physician assistants were not in the promulgated lists of authorized procedures from the Board of Medical Examiners.