Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jul 30, 2010 |
signed chap.303 |
Jul 19, 2010 |
delivered to governor |
Jul 01, 2010 |
returned to senate passed assembly ordered to third reading rules cal.546 substituted for a11116 |
Jun 18, 2010 |
referred to codes delivered to assembly passed senate ordered to third reading cal.1054 |
Jun 17, 2010 |
committee discharged and committed to rules |
Jun 07, 2010 |
reported and committed to codes |
May 17, 2010 |
referred to insurance |
Senate Bill S7845
Signed By Governor2009-2010 Legislative Session
Sponsored By
(D, WF) 46th Senate District
Archive: Last Bill Status - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2009-S7845 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A11116
- Law Section:
- Insurance Law
- Laws Affected:
- Amd §5103, Ins L
2009-S7845 (ACTIVE) - Summary
Prohibits an insurer from denying benefits for certain emergency services rendered as a result of the insured being intoxicated or under the influence of narcotics; allows the insurer, where violation of section 1192 of the vehicle and traffic law has occurred, to have a cause of action for amount of first party benefits paid or payable on behalf of covered person against such covered person.
2009-S7845 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7845 TITLE OF BILL : An act to amend the insurance law, in relation to losses sustained as a result of intoxication PURPOSE OF THE BILL : This bill would amend the Insurance Law to remedy statutory obstacles preventing health service providers from receiving compensation for emergency treatment they provide to injured persons who are either intoxicated or drug impaired. SUMMARY OF PROVISIONS : Section 1 of the bill would amend Insurance Law § 5103(b) to prohibit a no-fault insurer from excluding from coverage a person who was injured as a result of operating a motor vehicle while intoxicated or drug impaired, with respect to necessary emergency health services rendered in a general hospital, including ambulance services attendant thereto and related medical screening. It also provides that where a covered person is found to have violated section eleven hundred ninety-two of the vehicle and traffic law, the insurer has a cause of action for the amount of first party benefits paid or payable on behalf of such covered person against such covered person. Section 2 of the bill would provide that the bill will take effect 180 days after enactment and will apply to all policies issued, renewed, modified, altered or amended on or after such date.
2009-S7845 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7845 I N S E N A T E May 17, 2010 ___________ Introduced by Sen. BRESLIN -- read twice and ordered printed, and when printed to be committed to the Committee on Insurance AN ACT to amend the insurance law, in relation to losses sustained as a result of intoxication THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph 2 of subsection (b) of section 5103 of the insur- ance law is amended to read as follows: (2) Is injured as a result of operating a motor vehicle while in an intoxicated condition or while his ability to operate such vehicle is impaired by the use of a drug within the meaning of section eleven hundred ninety-two of the vehicle and traffic law; PROVIDED, HOWEVER, THAT AN INSURER SHALL NOT EXCLUDE SUCH PERSON FROM COVERAGE WITH RESPECT TO NECESSARY EMERGENCY HEALTH SERVICES RENDERED IN A GENERAL HOSPITAL, AS DEFINED IN SUBDIVISION TEN OF SECTION TWO THOUSAND EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW, INCLUDING AMBULANCE SERVICES ATTENDANT THERETO AND RELATED MEDICAL SCREENING. NOTWITHSTANDING ANY OTHER LAW, WHERE THE COVERED PERSON IS FOUND TO HAVE VIOLATED SECTION ELEVEN HUNDRED NINETY- TWO OF THE VEHICLE AND TRAFFIC LAW, THE INSURER HAS A CAUSE OF ACTION FOR THE AMOUNT OF FIRST PARTY BENEFITS PAID OR PAYABLE ON BEHALF OF SUCH COVERED PERSON AGAINST SUCH COVERED PERSON. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law and shall apply to all policies issued, renewed, modified, altered or amended on or after such date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07424-03-0
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