In Matter of Medical Socy. of State of N.Y. v. Serio (100 NY2d 854 [2003]), the Court of Appeals stated: "Attorney fees are no longer to be paid to a health care provider who submits claims in excess of the applicable fee schedules established pursuant to Insurance Law 5108, except when the charges involve interpretation of the schedules or inadvertent miscalculation or error ([Insurance Department Regulations] 11 NYCRR 65-4.6 [i]). This amendment was adopted in order to deter health care providers from overcharging by filing claims in excess of the amount to which they are statutorily entitled, and constitutes a permissible 'limitation[ ] promulgated by the superintendent in regulations' (Insurance Law 5106 [a])."