NY State Assembly Bill 2009-A10153

Archive: Last Bill Status - On Floor Calendar

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 21, 2010	amended on third reading 10153b
May 11, 2010	amended on third reading 10153a
Apr 22, 2010	advanced to third reading cal.811
Apr 19, 2010	reported
Mar 08, 2010	referred to codes

Bill Amendments

Original

B (Active)

co-Sponsors

2009-A10153 - Details

See Senate Version of this Bill:: S5262
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd R4533-a, CPLR
Versions Introduced in Other Legislative Sessions:: 2011-2012: A2627
2013-2014: A911
2015-2016: A3519
2017-2018: A5351
2019-2020: A4512

2009-A10153 - Summary

Provides that itemized bills or invoices, receipted or marked paid, for services, supplies or repairs of an amount not in excess of ten thousand dollars are admissible in evidence and are prima facie evidence of the reasonable value and necessity of such services, supplies or repairs itemized therein in any civil action.

2009-A10153 - Sponsor Memo

                                BILL NUMBER:A10153

TITLE OF BILL:  An act to amend the civil practice law and rules, in
relation to bills as prima facie proof of damages

PURPOSE OF BILL:  The current law provides for admissibility of
certified bills up to $1,000 for auto repairs, thereby saving time and
eliminating costs for parties to litigation and the court system. This
legislation would update and expand CPLR 4533-a.

SUMMARY OF PROVISIONS OF BILL This legislation would amend CPLR 4533-a
(a) to increase the amount of certified bills that are admissible from
$2,000 to $10,000.

The legislation would also add CPLR 4533-a (b) to provide for the
admissibility of certified bills for expenses relating to supplies and
services of medical facilities and providers paid pursuant to the
Workers' Compensation Law, Article 51 of the Insurance Law, and other
third-party carriers such as Blue Cross, Medicare, and Medicaid.

JUSTIFICATION:  Historically, this Rule traces hack to 1966 when it
provided for the admissibility of certified paid bills of up to $2,000
for auto repairs. This proved beneficial to the parties, the public
and the courts in that the necessity of bringing in a witness to prove
an almost invariably undisputed item reduced litigation cost and saved
the court time. Over the years the concept and the legislation were

expanded to include services as well as repairs of varying nature,
With advance notice to the adverse party, trial has been expedited,
the cost of proof reduced and the necessity of inconveniencing
providers largely eliminated.

However, services and repairs did not necessarily include supplies, an
omission now covered, and the maximum amended amount allowed - $2,000,
has fallen behind inflationary costs. The increased amount of $10,000
remedies this. Limiting the number of bills of each provider to one
was intended to eliminate many hills at trial, but did not take into
account expenses after the bill of particulars, so provision is made
for any subsequent bill for continued expenses, the total not to
exceed $10,000.

Notice to opposing counsel is increased from 10 to 21 days before
trial to more adequately allow for checking the bills against
discovery information or, if occasionally need be, to subpoena
witnesses. Common law requires proof of reasonableness of the bill
which the certified bill provides. However, reasonableness no longer
is the standard for those items charged in accordance with statute or
government rule. Most medically related expenses are regulated by
statutes, regulations or insurance allowances rather than reasonable
value. For Worker Compensation and No Fault and other such third-party
providers, prima facie evidence of the expenses and of "their
reasonableness" will be the itemized records of payment, certified (or
attested by deposition if needed when certification is not
forthcoming). The amount of these types of bills - like hospital bills
under CPLR 4518 (b) - are not capped. These bills are not recoverable
by the party, but are recoverable as liens by statute or rule.

LEGISLATIVE HISTORY:


2009; A.6563 (Weprin)/S.5262-A: A.Codes/S.Codes
2008; A.7792 (Weprin)/S.4971: A. Cal/S.Codes
2007; A.7792 (Weprin)/S.4971: A. Rules/S.Codes

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  It is
anticipated that the court system will benefit in that time and costs
related to court proceedings will be reduced.

EFFECTIVE DATE:  This act shall take effect on the ninetieth day after
it shall have become law.

2009-A10153 - Bill Text download pdf

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

                                  10153

                          I N  A S S E M B L Y

                              March 8, 2010
                               ___________

Introduced  by M. of A. WEINSTEIN, CARROZZA -- read once and referred to
  the Committee on Codes

AN ACT to amend the civil practice law and rules, in relation  to  bills
  as prima facie proof of damages

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

  Section 1. Rule 4533-a of the civil practice law and rules, as amended
by chapter 249 of the laws of 1988, is amended to read as follows:
  Rule 4533-a. [Prima] BILLS AS PRIMA facie proof of damages. [An  item-
ized bill] (A) ITEMIZED BILLS or [invoice] INVOICES, receipted or marked
paid,  for  services,  SUPPLIES or repairs of an amount not in excess of
[two] TEN thousand dollars [is] ARE admissible in evidence and [is]  ARE
prima  facie  evidence  of  the  reasonable  value and necessity of such
services, SUPPLIES or repairs  itemized  therein  in  any  civil  action
provided  [it]  ANY  SUCH  BILL  OR INVOICE bears a certification by the
person, firm or corporation, or an authorized agent or employee thereof,
[rendering] FURNISHING such services OR SUPPLIES or making such  repairs
and  charging  for  the  same, and contains a verified statement that no
part of the payment received therefor will be refunded  to  the  debtor,
and  that the amounts itemized therein are the usual and customary rates
charged for such services, SUPPLIES or repairs by  the  affiant  or  his
employer; and provided further that a true copy of such itemized bill or
invoice  together  with  a notice of intention to introduce such bill or
invoice into evidence pursuant to this rule is served upon each party at
least ten days before the trial. No more than [one bill]  TWO  BILLS  or
[invoice] INVOICES from the same person, firm or corporation to the same
debtor  shall  be  admissible  in  evidence  under this rule in the same
action, THE SECOND BILL TO BE ONLY FOR  SERVICES,  SUPPLIES  OR  REPAIRS
WHICH  PERTAIN  TO  SUCH  CLAIM, SUPPLEMENTAL TO THE FIRST BILL FROM THE
SAME PROVIDER, AND PROVIDING THAT THE SUM OF BOTH BILLS DOES NOT  EXCEED
TEN THOUSAND DOLLARS.
  (B) FOR EXPENSES INCLUDING SUPPLIES AND SERVICES OF MEDICAL FACILITIES
AND  PROVIDERS  PAID BY WORKERS' COMPENSATION PURSUANT TO ARTICLE TWO OF
THE WORKERS' COMPENSATION LAW OR AUTOMOBILE NO FAULT PURSUANT TO ARTICLE

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

                                                           LBD09269-01-9

A. 10153                            2

FIFTY-ONE OF THE INSURANCE LAW, OR PAID BY CARRIERS SUCH AS BLUE  CROSS,
MEDICARE, MEDICAID AND OTHER THIRD-PARTY PAYERS, AN ITEMIZED BILL OF THE
PAYOR,  EITHER  CERTIFIED  OR  ATTESTED UNDER OATH, SHALL BE PRIMA FACIE
EVIDENCE OF SUCH EXPENSES PAID AND OF THE REASONABLENESS FOR PURPOSES OF
THE  ACTION,  PROVIDED  NOTICE IS SERVED UPON EACH PARTY AS SET FORTH IN
SUBDIVISION (A) OF THIS RULE.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

co-Sponsors

2009-A10153A - Details

See Senate Version of this Bill:: S5262
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd R4533-a, CPLR
Versions Introduced in Other Legislative Sessions:: 2011-2012: A2627
2013-2014: A911
2015-2016: A3519
2017-2018: A5351
2019-2020: A4512

2009-A10153A - Summary

2009-A10153A - Sponsor Memo

                                BILL NUMBER:A10153A

TITLE  OF  BILL:    An act to amend the civil practice law and rules, in
relation to bills as prima facie proof of damages

PURPOSE OF BILL:  The current law provides for admissibility  of  certi-
fied bills up to $1,000 for auto repairs, thereby saving time and elimi-
nating costs for parties to litigation and the court system. This legis-
lation would update and expand CPLR 4533-a.

SUMMARY  OF  PROVISIONS:  OF  BILL:    This legislation would amend CPLR
4533-a (a) to increase the amount of certified bills that are admissible
from $2,000 to $10,000.

The legislation would also add CPLR 4533-a (b) to provide for the admis-
sibility of certified  bills  for  expenses  relating  to  supplies  and
services  of medical facilities and providers paid pursuant to the Work-
ers' Compensation Law, Article 51 of the Insurance Law, and other third-
party carriers such as Blue Cross, Medicare, and Medicaid.

JUSTIFICATION:   Historically, this Rule traces back  to  1966  when  it
provided  for  the admissibility of certified paid bills of up to $2,000
for auto repairs. This proved beneficial to the parties, the public  and
the  courts  in  that the necessity of bringing in a witness to prove an
almost invariably undisputed item reduced litigation cost and saved  the
court time. Over the years the concept and the legislation were expanded

to  include services as well as repairs of varying nature.  With advance
notice to the adverse party, trial has been expedited, the cost of proof
reduced and the necessity of inconveniencing  providers  largely  elimi-
nated.

However,  services  and repairs did not necessarily include supplies, an
omission now covered, and the maximum amended amount allowed  -  $2,000,
has  fallen  behind  inflationary costs. The increased amount of $10,000
remedies this. Limiting the number of bills of each provider to one  was
intended to eliminate many bills at trial, but did not take into account
expenses  after  the  bill  of particulars, so provision is made for any
subsequent bill for continued expenses, the total not to exceed $10,000.

Notice to opposing counsel is increased from 10 to 21 days before  trial
to more adequately allow for checking the bills against discovery infor-
mation  or,  if  occasionally need be, to subpoena witnesses. Common law
requires proof of reasonableness of the bill which  the  certified  bill
provides.  However,  reasonableness  no longer is the standard for those
items charged in  accordance  with  statute  or  government  rule.  Most
medically  related  expenses  are  regulated by statutes, regulations or
insurance allowances rather than reasonable value.  For  Worker  Compen-
sation  and  No  Fault and other such third-party providers, prima facie
evidence of the expenses and of "their reasonableness" will be the item-
ized records of payment, certified (or attested by deposition if  needed
when  certification  is  not  forthcoming). The amount of these types of
bills - like hospital bills under CPLR 4518 (b) -- are not capped. These

bills are not recoverable by the party, but are recoverable as liens  by
statute or rule.

LEGISLATIVE HISTORY:
2009; A.6563 (Weprin)/S.5262-A: A.Codes/S.Codes
2008; A.7792 (Weprin)/S.4971: A. Cal/S.Codes
2007; A.7792 (Weprin)/S.4971: A. Rules/S.Codes

FISCAL  IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  It is anticipated
that the court system will benefit in that time  and  costs  related  to
court proceedings will be reduced.

EFFECTIVE  DATE:   This act shall take effect on the ninetieth day after
it shall have become law.

2009-A10153A - Bill Text download pdf

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

                                10153--A
                                                        Cal. No. 811

                          I N  A S S E M B L Y

                              March 8, 2010
                               ___________

Introduced  by M. of A. WEINSTEIN, CARROZZA -- read once and referred to
  the Committee on Codes -- reported from committee, advanced to a third
  reading, amended and ordered reprinted, retaining  its  place  on  the
  order of third reading

AN  ACT  to amend the civil practice law and rules, in relation to bills
  as prima facie proof of damages

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

  Section 1. Rule 4533-a of the civil practice law and rules, as amended
by chapter 249 of the laws of 1988, is amended to read as follows:
  Rule  4533-a. [Prima] BILLS AS PRIMA facie proof of damages. [An item-
ized bill] (A) ITEMIZED BILLS or [invoice] INVOICES, receipted or marked
paid, for services, SUPPLIES or repairs of an amount not  in  excess  of
[two]  TEN thousand dollars [is] ARE admissible in evidence and [is] ARE
prima facie evidence of the  reasonable  value  and  necessity  of  such
services,  SUPPLIES  or  repairs  itemized  therein  in any civil action
provided [it] ANY SUCH BILL OR INVOICE  bears  a  certification  by  the
person, firm or corporation, or an authorized agent or employee thereof,
[rendering]  FURNISHING such services OR SUPPLIES or making such repairs
and charging for the same, and contains a  verified  statement  that  no
part  of  the  payment received therefor will be refunded to the debtor,
and that the amounts itemized therein are the usual and customary  rates
charged  for  such  services,  SUPPLIES or repairs by the affiant or his
employer; and provided further that a true copy of such itemized bill or
invoice together with a notice of intention to introduce  such  bill  or
invoice into evidence pursuant to this rule is served upon each party at
least  ten  days  before the trial. No more than [one bill] TWO BILLS or
[invoice] INVOICES from the same person, firm or corporation to the same
debtor shall be admissible in evidence  under  this  rule  in  the  same
action,  THE  SECOND  BILL  TO BE ONLY FOR SERVICES, SUPPLIES OR REPAIRS
WHICH PERTAIN TO SUCH CLAIM, SUPPLEMENTAL TO THE  FIRST  BILL  FROM  THE
SAME  PROVIDER, AND PROVIDING THAT THE SUM OF BOTH BILLS DOES NOT EXCEED
TEN THOUSAND DOLLARS.

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

                                                           LBD09269-06-0

A. 10153--A                         2

  (B) FOR EXPENSES INCLUDING SUPPLIES AND SERVICES OF MEDICAL FACILITIES
AND PROVIDERS PAYABLE BY WORKERS' COMPENSATION PURSUANT TO  ARTICLE  TWO
OF  THE  WORKERS'  COMPENSATION  LAW  OR AUTOMOBILE NO FAULT PURSUANT TO
ARTICLE FIFTY-ONE OF THE INSURANCE LAW, OR PAID BY CARRIERS SUCH AS BLUE
CROSS, MEDICARE, MEDICAID AND OTHER THIRD-PARTY PAYERS, AN ITEMIZED BILL
OF  THE  PAYEE,  EITHER CERTIFIED OR ATTESTED UNDER OATH, SHALL BE PRIMA
FACIE EVIDENCE OF SUCH EXPENSES  PAID  AND  OF  THE  REASONABLENESS  FOR
PURPOSES OF THE ACTION, PROVIDED NOTICE IS SERVED UPON EACH PARTY AS SET
FORTH IN SUBDIVISION (A) OF THIS RULE.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

co-Sponsors

2009-A10153B (ACTIVE) - Details

See Senate Version of this Bill:: S5262
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd R4533-a, CPLR
Versions Introduced in Other Legislative Sessions:: 2011-2012: A2627
2013-2014: A911
2015-2016: A3519
2017-2018: A5351
2019-2020: A4512

2009-A10153B (ACTIVE) - Summary

2009-A10153B (ACTIVE) - Bill Text download pdf

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

                                10153--B
                                                        Cal. No. 811

                          I N  A S S E M B L Y

                              March 8, 2010
                               ___________

Introduced  by M. of A. WEINSTEIN, CARROZZA -- read once and referred to
  the Committee on Codes -- reported from committee, advanced to a third
  reading, amended and ordered reprinted, retaining  its  place  on  the
  order of third reading -- reported from committee, advanced to a third
  reading,  amended  and  ordered  reprinted, retaining its place on the
  order of third reading

AN ACT to amend the civil practice law and rules, in relation  to  bills
  as prima facie proof of damages

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

  Section 1. Rule 4533-a of the civil practice law and rules, as amended
by chapter 249 of the laws of 1988, is amended to read as follows:
  Rule 4533-a. [Prima] BILLS AS PRIMA facie proof of damages. [An  item-
ized bill] (A) ITEMIZED BILLS or [invoice] INVOICES, receipted or marked
paid,  for  services,  SUPPLIES or repairs of an amount not in excess of
[two] TEN thousand dollars [is] ARE admissible in evidence and [is]  ARE
prima  facie  evidence  of  the  reasonable  value and necessity of such
services, SUPPLIES or repairs  itemized  therein  in  any  civil  action
provided  [it]  ANY  SUCH  BILL  OR INVOICE bears a certification by the
person, firm or corporation, or an authorized agent or employee thereof,
[rendering] FURNISHING such services OR SUPPLIES or making such  repairs
and  charging  for  the  same, and contains a verified statement that no
part of the payment received therefor will be refunded  to  the  debtor,
and  that the amounts itemized therein are the usual and customary rates
charged for such services, SUPPLIES or repairs by  the  affiant  or  his
employer; and provided further that a true copy of such itemized bill or
invoice  together  with  a notice of intention to introduce such bill or
invoice into evidence pursuant to this rule is served upon each party at
least ten days before the trial. No more than [one bill]  TWO  BILLS  or
[invoice] INVOICES from the same person, firm or corporation to the same
debtor  shall  be  admissible  in  evidence  under this rule in the same
action, THE SECOND BILL TO BE ONLY FOR  SERVICES,  SUPPLIES  OR  REPAIRS
WHICH  PERTAIN  TO  SUCH  CLAIM, SUPPLEMENTAL TO THE FIRST BILL FROM THE

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

                                                           LBD09269-08-0

A. 10153--B                         2

SAME PROVIDER, AND PROVIDING THAT THE SUM OF BOTH BILLS DOES NOT  EXCEED
TEN THOUSAND DOLLARS.
  (B) FOR EXPENSES INCLUDING SUPPLIES AND SERVICES OF MEDICAL FACILITIES
AND  PROVIDERS  PAYABLE BY WORKERS' COMPENSATION PURSUANT TO ARTICLE TWO
OF THE WORKERS' COMPENSATION LAW OR  AUTOMOBILE  NO  FAULT  PURSUANT  TO
ARTICLE FIFTY-ONE OF THE INSURANCE LAW, OR PAID BY CARRIERS SUCH AS BLUE
CROSS, MEDICARE, MEDICAID AND OTHER THIRD-PARTY PAYERS, AN ITEMIZED BILL
OF  THE  PAYEE,  EITHER CERTIFIED OR ATTESTED UNDER OATH, SHALL BE PRIMA
FACIE EVIDENCE OF SUCH EXPENSES AND OF THE REASONABLENESS  FOR  PURPOSES
OF THE ACTION, PROVIDED NOTICE IS SERVED UPON EACH PARTY AS SET FORTH IN
SUBDIVISION (A) OF THIS RULE.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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Assembly Bill A10153

Sponsored By

Archive: Last Bill Status - On Floor Calendar

Bill Amendments

co-Sponsors

2009-A10153 - Details

2009-A10153 - Summary

2009-A10153 - Sponsor Memo

2009-A10153 - Bill Text download pdf

co-Sponsors

2009-A10153A - Details

2009-A10153A - Summary

2009-A10153A - Sponsor Memo

2009-A10153A - Bill Text download pdf

co-Sponsors

2009-A10153B (ACTIVE) - Details

2009-A10153B (ACTIVE) - Summary

2009-A10153B (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A10153

Share this bill

Sponsored By

WEINSTEIN

Archive: Last Bill Status - On Floor Calendar

Bill Amendments

co-Sponsors

Ann-Margaret Carrozza

2009-A10153 - Details

2009-A10153 - Summary

2009-A10153 - Sponsor Memo

2009-A10153 - Bill Text download pdf

co-Sponsors

Ann-Margaret Carrozza

2009-A10153A - Details

2009-A10153A - Summary

2009-A10153A - Sponsor Memo

2009-A10153A - Bill Text download pdf

co-Sponsors

Ann-Margaret Carrozza

2009-A10153B (ACTIVE) - Details

2009-A10153B (ACTIVE) - Summary

2009-A10153B (ACTIVE) - Bill Text download pdf

Comments