Assembly Bill A11196

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

                                  11196

                          I N  A S S E M B L Y

                              May 25, 2010
                               ___________

Introduced  by  M.  of  A.  D. WEPRIN  --  read once and referred to the
  Committee on Judiciary

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.    THIS  SUBDIVISION  SHALL  NOT APPLY TO BILLS,
INVOICES, SERVICES, OR SUPPLIES IN PROCEEDINGS BROUGHT PURSUANT TO ARTI-
CLE FIFTY-ONE OF THE INSURANCE LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09269-04-9
              

A. 11196                            2

  (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
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.