Subject Numbers Regarding Health Provider Authorizations

Authorization No. C06646-6B

June 23, 2025

Pursuant to Workers' Compensation Law Section 13-d(4), the Chair of the New York State Workers' Compensation Board ("Chair") had exercised her authority to temporarily suspend the authorization of Kevin Portnoy, D.C. (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, (Subject Number 046-1748).

The temporary suspension was based on the Chair's designee's investigation that the provider had failed to comply with the Board's Office of General Counsel (OGC) Cease-and-Desist Administrative Warning letter based on provider's reviews of prior authorization requests (PARs) 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.

Upon the provider's agreement to cease conducting Level 2 PAR Reviews in the capacity of a "carrier physician," and to voluntarily resign their authorization to perform independent medical examinations, the Chair hereby rescinds the temporary suspension of the provider's authorization to treat injured workers and hereby reinstates their authorization to treat injured workers, effective May 15, 2025. The provider is prohibited from performing independent medical examinations of injured workers and from conducting reviews of records regarding variance requests pursuant to 12 New York Codes, Rules and Regulations § 324.3(b)(2)(ii)(a). Provider has been restored to the Board's list of authorized providers to treat injured workers.

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