Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Nov 13, 2013 |
signed chap.516 |
Nov 01, 2013 |
delivered to governor |
Jun 21, 2013 |
returned to assembly passed senate 3rd reading cal.1619 substituted for s5715a |
Jun 21, 2013 |
substituted by a7828a ordered to third reading cal.1619 committee discharged and committed to rules |
Jun 17, 2013 |
print number 5715a |
Jun 17, 2013 |
amend and recommit to judiciary |
Jun 07, 2013 |
referred to judiciary |
Senate Bill S5715A
Signed By Governor2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status Via A7828 - 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
Bill Amendments
2013-S5715 - Details
- See Assembly Version of this Bill:
- A7828
- Law Section:
- General Obligations Law
- Laws Affected:
- Amd §§5-101 & 5-335, Gen Ob L
2013-S5715 - Sponsor Memo
BILL NUMBER:S5715 TITLE OF BILL: An act to amend the general obligations law, in relation to protecting parties to the settlement of a tort claim from certain unwarranted lien, reimbursement and subrogation claims PURPOSE: Chapter 494 of the laws of 2009, inter alia added a new subdivision 4 to section 5-101 of the general obligations law and amended section 5-335 of the general obligations law., That legislation was intended to protect parties to the settlement of a tort claim from certain unwarranted lien, reimbursement and subrogation claims by insurers. The purpose of this bill is to correct any misunderstanding as to the applicability and scope of that law by refining its definition and applicability to precluding liens, reimbursements and subrogation claims with respect to any cost of health care services, loss of earnings or other economic loss to the extent those losses or expenses have been or are obligated to be paid or reimbursed by an insurer. SUMMARY OF PROVISIONS: This bill would provide for the following: 1) It will now be conclusively presumed that, except with respect to Medicare, Medicaid or Workers' Compensation payments for which there is a statutory right of reimbursement, the money paid in settlement of any personal injury or wrongful death action did not include
2013-S5715 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5715 2013-2014 Regular Sessions I N S E N A T E June 7, 2013 ___________ Introduced by Sen. BONACIC -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the general obligations law, in relation to protecting parties to the settlement of a tort claim from certain unwarranted lien, reimbursement and subrogation claims THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative intent. The legislature finds that the resol- ution and settlement of certain types of claims have been impeded as a result of health insurers' attempts to intervene into pending liti- gation, as well as similar attempts to institute subrogation and reimbursement actions against litigants. As a result, settlement of claims made by accident victims and others are imperiled and prevented, thus causing undue burdens and pressures upon the court system. In addi- tion, defendants in such actions are being subjected to claims made by health insurers, exposing them to additional liability. Chapter 494 of the laws of 2009 was enacted to add a new subdivision 4 to section 5-101 of the general obligations law and to add a new section 5-335 of the general obligations law "in relation to protecting parties to the settlement of a tort claim from certain unwarranted lien, reimbursement and subrogation claims". However, one federal court, the United States District Court for the Eastern District of New York, in Wurtz v. Rawlings Co., LLC, 2013 WL1248631 (E.D.N.Y), has held that this legislation was preempted to the extent it applies to any insured employee benefit plan covered by the Employee Retirement Income Security Act of 1974, as amended (ERISA). The instant legislation is intended to make clear the original purpose of sections 5-101 and 5-335 of the general obligations law which is to ensure that insurers will not be able to claim or access any monies paid in settlement of a tort claim whether by way of a lien, a reimbursement claim, subrogation, or other- wise so that the burden of payment for health care services, disability payments, lost wage payments or any other benefits for the victims of torts will be borne by the insurer and not any party to a settlement of such a victim's tort claim. This law is specifically directed toward
2013-S5715A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7828
- Law Section:
- General Obligations Law
- Laws Affected:
- Amd §§5-101 & 5-335, Gen Ob L
2013-S5715A (ACTIVE) - Sponsor Memo
BILL NUMBER:S5715A TITLE OF BILL: An act to amend the general obligations law, in relation to protecting parties to the settlement of a tort claim from certain unwarranted lien, reimbursement and subrogation claims PURPOSE: Chapter 494 of the laws of 2009, inter alia added a new subdivision 4 to section 5-101 of the general obligations law and amended section 5-335 of the general obligations law. That legislation was intended to protect parties to the settlement of a tort claim from certain unwarranted lien, reimbursement and subrogation claims by insurers. The purpose of this bill is to correct any misunderstanding as to the applicability and scope of that law by refining its definition and applicability to precluding liens, reimbursements and subrogation claims with respect to any cost of health care services, loss of earnings or other economic loss to the extent those losses or expenses have been or are obligated to be paid or reimbursed by an insurer. SUMMARY OF PROVISIONS: This bill would provide for the following: 1) It will now be conclusively presumed that, except with respect to Medicare, Medicaid or Workers' Compensation payments for which there is a statutory right of reimbursement, the money paid in settlement of any personal injury or wrongful death action did not include
2013-S5715A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5715--A 2013-2014 Regular Sessions I N S E N A T E June 7, 2013 ___________ Introduced by Sen. BONACIC -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general obligations law, in relation to protecting parties to the settlement of a tort claim from certain unwarranted lien, reimbursement and subrogation claims THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative intent. The legislature finds that the resol- ution and settlement of certain types of claims have been impeded as a result of health insurers' attempts to intervene into pending liti- gation, as well as similar attempts to institute subrogation and reimbursement actions against litigants. As a result, settlement of claims made by accident victims and others are imperiled and prevented, thus causing undue burdens and pressures upon the court system. In addi- tion, defendants in such actions are being subjected to claims made by health insurers, exposing them to additional liability. Chapter 494 of the laws of 2009 was enacted to add a new subdivision 4 to section 5-101 of the general obligations law and to add a new section 5-335 of the general obligations law "in relation to protecting parties to the settlement of a tort claim from certain unwarranted lien, reimbursement and subrogation claims". However, one federal court, the United States District Court for the Eastern District of New York, in Wurtz v. Rawlings Co., LLC, 2013 WL1248631 (E.D.N.Y), has held that this legislation was preempted to the extent it applies to any insured employee benefit plan covered by the Employee Retirement Income Security Act of 1974, as amended (ERISA). The instant legislation is intended to make clear the original purpose of sections 5-101 and 5-335 of the general obligations law which is to ensure that insurers will not be able to claim or access any monies paid in settlement of a tort claim EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11329-04-3
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