Section 19. Reasonable charges for medicare beneficiaries

1. No physician
  licensed under article one hundred thirty-one of the education law shall
  charge from a beneficiary of health insurance under title XVIII  of  the
  federal  social  security  act  (medicare)  any  amount in excess of the
  following limitations:
    (a)  Effective  January  first,   nineteen   hundred   ninety-one,   a
  physician's  charge  shall not exceed one hundred fifteen percent of the
  reasonable charge for that service as determined by  the  United  States
  secretary for health and human services.
    (b)   Beginning   January  first,  nineteen  hundred  ninety-three,  a
  physician's charge shall not exceed  one  hundred  ten  percent  of  the
  reasonable  charge  for  that service as determined by the United States
  secretary for health and human services, provided however, that  if  the
  statewide  percentage  of  medicare part B claims billed at or below the
  reasonable charge as determined  by  the  United  States  secretary  for
  health  and  human  services  for  federal  fiscal year nineteen hundred
  eighty-nine fails to increase by  five  percentage  points  for  federal
  fiscal  year nineteen hundred ninety-two, such physician's charge shall,
  thereafter, not exceed one hundred five percent of the reasonable charge
  as determined by the  United  States  secretary  for  health  and  human
  services.  If,  in  any  subsequent  federal fiscal year, such statewide
  percentage of medicare part B claims billed at or below such  reasonable
  charge   fails   to   maintain  such  five  percentage  point  increase,
  physician's charge shall thereafter not exceed one hundred five  percent
  of  the  reasonable  charge as determined by the United States secretary
  for health and human services.
    2. The charge limitation set forth in subdivision one of this  section
  shall not apply if the service which such beneficiary is to be billed is
  either  an  office  or  home visit as set forth in procedure codes 90000
  through 90170  in  the  Physician  Current  Procedural  Terminology  4th
  Edition 1989.
    3.  The  state  office  for  the  aging  shall, through agreement with
  carriers and/or intermediaries contracted with by the federal government
  in this state pursuant to title XVIII of the federal social security act
  (medicare), obtain the percentages of physician's bills submitted at  or
  below  the  reasonable  charge  as  established  by  the  United  States
  secretary for health and human services, and shall  issue  a  report  by
  December  first,  nineteen  hundred ninety-two and every December first,
  thereafter, stating whether the percentage  of  bills  submitted  at  or
  below  such  reasonable  charge for federal fiscal year nineteen hundred
  ninety-two increased  by  five  percentage  points  over  the  statewide
  percentage  of  bills  submitted  at or below such reasonable charge for
  federal fiscal  year  nineteen  hundred  eighty-nine  and  whether  such
  percentage  has  been maintained for each successive federal fiscal year
  after nineteen hundred ninety-two.
    4. Notwithstanding any  inconsistent  provision  of  this  chapter,  a
  physician  who  is  determined, after opportunity for a hearing, to have
  violated the provisions of this section shall be subject for  the  first
  violation  to a fine of not more than one thousand dollars nor less than
  the greater of three times the amount collected, or, if  not  collected,
  three  times  the amount charged, in excess of the limitations set forth
  in subdivision one of this section, and, for each  additional  violation
  committed  within  five  years  of  the date of an immediately preceding
  violation of this section, to a fine of  not  more  than  five  thousand
  dollars nor less than the greater of one thousand dollars or three times
  the  amount  collected,  or,  if  not  collected, three times the amount
  charged, in excess of the limitations set forth in  subdivision  one  of
  this  section; provided, however, that in no event shall the fine for an

  individual violation of this  section  be  greater  than  five  thousand
  dollars.  In  addition,  where  the provisions of this section have been
  violated, the physician shall  refund  to  the  beneficiary  the  amount
  collected  in  excess of the limitations set forth in subdivision one of
  this section.