In Health & Endurance Medical, P.C. v. Liberty Mut. Ins. Co., 19 Misc 3d 137[A], 2008 NY Slip Op 50864[U] [NY Sup App Term, 2d and 11th Jud Dists (2008)] a provider sought to recover assigned first-party no-fault benefits for services which were not rendered by it or its employees, but rather by a treating provider who was an independent contractor. The Appellate Term held that the plaintiff was not a "provider" of the medical services rendered within the meaning of Insurance Department Regulations (11 NYCRR) 65-3.11[a]), and, therefore, was not entitled to recover "direct payment" of assigned no-fault benefits from the defendant insurer.