senate Bill S649

Relates to actions by health care providers against patients

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO INSURANCE
  • 08 / Jan / 2014
    • REFERRED TO INSURANCE

Summary

Relates to actions by health care providers against patients; provides that it shall be an affirmative defense to an action by a health care provider against a patient for recovery of payment for an outstanding bill that such health care provider failed to submit such insurance claim to the patient's insurer in a timely manner.

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Bill Details

See Assembly Version of this Bill:
A1681
Versions:
S649
Legislative Cycle:
2013-2014
Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Add §3224-d, Ins L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1222, A866
2009-2010: S1738, A1518
2007-2008: A5329

Sponsor Memo

BILL NUMBER:S649

TITLE OF BILL:
An act
to amend the insurance law, in relation to actions by health care
providers against patients

PURPOSE OR GENERAL IDEA OF BILL:
To protect patients from actions by health care providers to recover
payments for an outstanding bill, when the health care provider failed
to submit the insurance claim to the patient's insurer in a timely
manner.

SUMMARY OF SPECIFIC PROVISIONS:
The insurance law is amended by adding a new §3224-c, which provides
that failure to submit an insurance claim to the patient's insurer in a
timely manner shall be an affirmative defense to civil actions brought
by a health care provider against a patient to recover payment for an
outstanding bill.

JUSTIFICATION:
When a health care provider fails to submit the insurance claim to the
patient's insurer in a timely manner, the patient should not be held
responsible when civil actions are brought against the patient to
recover payment for the outstanding bill.

PRIOR LEGISLATIVE HISTORY:
2011: S.1222

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law, and shall apply to civil actions brought on or after such
effective date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   649

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. STAVISKY -- 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 actions by health care
  providers against patients

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The insurance law is amended by adding a new section 3224-d
to read as follows:
  S  3224-D.  ACTIONS  BY  HEALTH  CARE  PROVIDERS  RELATED TO INSURANCE
CLAIMS. IN ANY ACTION BROUGHT  BY  A  HEALTH  CARE  PROVIDER  AGAINST  A
PATIENT  TO  RECOVER  PAYMENT  FOR  AN  OUTSTANDING  BILL,  FOR SERVICES
RENDERED BY SUCH HEALTH  CARE  PROVIDER,  IT  SHALL  BE  AN  AFFIRMATIVE
DEFENSE  TO  SUCH  ACTION THAT THE HEALTH CARE PROVIDER FAILED TO SUBMIT
THE INSURANCE CLAIM TO THE PATIENT'S INSURER IN A TIMELY MANNER.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have  become a law, and shall apply to civil actions brought on or after
such effective date.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03569-01-3

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