N.Y. FIS Law § 604

§ 604. Criteria for determining a reasonable fee. In determining the\nappropriate amount to pay for a health care service, an independent\ndispute resolution entity shall consider all relevant factors,\nincluding:\n (a) whether there is a gross disparity between the fee charged by the\nphysician for services rendered as compared to:\n (1) fees paid to the involved physician for the same services rendered\nby the physician to other patients in health care plans in which the\nphysician is not participating, and\n (2) in the case of a dispute involving a health care plan, fees paid\nby the health care plan to reimburse similarly qualified physicians for\nthe same services in the same region who are not participating with the\nhealth care plan;\n (b) the level of training, education and experience of the physician;\n (c) the physician's usual charge for comparable services with regard\nto patients in health care plans in which the physician is not\nparticipating;\n (d) the circumstances and complexity of the particular case, including\ntime and place of the service;\n (e) individual patient characteristics; and\n (f) the usual and customary cost of the service.\n