NY State Senate Bill 2009-S5262

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

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 01, 2010	amended on third reading 5262c
May 11, 2010	starred on calendar
Apr 07, 2010	amended on third reading 5262b
Mar 01, 2010	advanced to third reading
Feb 24, 2010	2nd report cal.
Feb 23, 2010	1st report cal.154
Jan 06, 2010	referred to codes
May 18, 2009	print number 5262a
May 18, 2009	amend and recommit to codes
Apr 27, 2009	referred to codes

Votes

- Feb 23, 2010 - Codes Committee Vote
  S5262
  
  Aye
  
  16
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Codes Committee Vote: Feb 23, 2010
      
      aye (16)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Duane
      
      Flanagan
      
      Golden
      
      Huntley
      
      Klein
      
      Lanza
      
      Parker
      
      Perkins
      
      Saland
      
      Sampson
      
      Schneiderman
      
      Squadron
      
      Volker

Bill Amendments

Original

C (Active)

2009-S5262 - Details

Laws Affected:: Amd R4533-a, CPLR

2009-S5262 - 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-S5262 - Sponsor Memo

                                 BILL NUMBER:  S5262

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

 PURPOSE OR GENERAL IDEA 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 SPECIFIC PROVISIONS :  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 back to 1966 when it
provided for the admissibility of certified paid bills of up to $1,000
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 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 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 451B(h )-- are not capped. These bills are not
recoverable by the party, but are recoverable as liens by statute or
rule.

 PRIOR LEGISLATIVE HISTORY :  New bill

 FISCAL IMPLICATIONS :  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-S5262 - Bill Text download pdf

2009-S5262A - Details

Laws Affected:: Amd R4533-a, CPLR

2009-S5262A - Summary

2009-S5262A - Sponsor Memo

                                 BILL NUMBER:  S5262A             REVISED 02/22/10

 TITLE OF BILL :

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


 PURPOSE OR GENERAL IDEA 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 SPECIFIC PROVISIONS :

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 back to 1966 when it provided for the
admissibility of certified paid bills of up to $1,000 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 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.

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.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :
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-S5262A - Bill Text download pdf

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

                                 5262--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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.
                                                           LBD09269-03-9

S. 5262--A                          2

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.
  (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.

2009-S5262B - Details

Laws Affected:: Amd R4533-a, CPLR

2009-S5262B - Summary

2009-S5262B - Sponsor Memo

                                 BILL NUMBER:  S5262B

 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
patties 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 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 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 patty, but are recoverable as liens by statute or rule.

 LEGISLATIVE HISTORY :
04/27/09 REFERRED TO CODES
05/18/09 AMEND AND RECOMMIT TO CODES
05/18/09 PRINT NUMBER 5262A
01/06/10 REFERRED TO CODES
02/23/10 1ST REPORT CAL.154
02/24/10 2ND REPORT CAL.
03/01/10 ADVANCED TO THIRD READING

 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-S5262B - Bill Text download pdf

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

                                 5262--B
    Cal. No. 154

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said committee -- recommitted to the Committee on Codes in accord-
  ance with Senate Rule 6,  sec.  8  --  reported  favorably  from  said
  committee,  ordered  to  first  and  second report, ordered to a third
  reading, amended and ordered reprinted, retaining  its  place  in  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

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

                                                           LBD09269-05-0

S. 5262--B                          2

[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
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.

2009-S5262C (ACTIVE) - Details

Laws Affected:: Amd R4533-a, CPLR

2009-S5262C (ACTIVE) - Summary

2009-S5262C (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5262C

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 patties 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 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 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 patty, but are
recoverable as liens by statute or rule.

LEGISLATIVE HISTORY:
04/27/09 REFERRED TO CODES
05/18/09 AMEND AND RECOMMIT TO CODES
05/18/09 PRINT NUMBER 5262A
01/06/10 REFERRED TO CODES
02/23/10 1ST REPORT CAL.154
02/24/10 2ND REPORT CAL.
03/01/10 ADVANCED TO THIRD READING

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-S5262C (ACTIVE) - Bill Text download pdf

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

                                 5262--C
    Cal. No. 154

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said committee -- recommitted to the Committee on Codes in accord-
  ance with Senate Rule 6,  sec.  8  --  reported  favorably  from  said
  committee,  ordered  to  first  and  second report, ordered to a third
  reading, amended and ordered reprinted, retaining  its  place  in  the
  order of third reading -- again amended and ordered reprinted, retain-
  ing its place in 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

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

                                                           LBD09269-07-0

S. 5262--C                          2

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 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.

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Senate Bill S5262

Sponsored By

Archive: Last Bill Status - On Floor Calendar

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Votes

Feb 23, 2010 - Codes Committee Vote

Codes Committee Vote: Feb 23, 2010

Bill Amendments

2009-S5262 - Details

2009-S5262 - Summary

2009-S5262 - Sponsor Memo

2009-S5262 - Bill Text download pdf

2009-S5262A - Details

2009-S5262A - Summary

2009-S5262A - Sponsor Memo

2009-S5262A - Bill Text download pdf

2009-S5262B - Details

2009-S5262B - Summary

2009-S5262B - Sponsor Memo

2009-S5262B - Bill Text download pdf

2009-S5262C (ACTIVE) - Details

2009-S5262C (ACTIVE) - Summary

2009-S5262C (ACTIVE) - Sponsor Memo

2009-S5262C (ACTIVE) - Bill Text download pdf

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Get Status Alerts for 2009-S5262

Senate Bill S5262

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Sponsored By

John L. Sampson

Archive: Last Bill Status - On Floor Calendar

Actions

Votes

Bill Amendments

2009-S5262 - Details

2009-S5262 - Summary

2009-S5262 - Sponsor Memo

2009-S5262 - Bill Text download pdf

2009-S5262A - Details

2009-S5262A - Summary

2009-S5262A - Sponsor Memo

2009-S5262A - Bill Text download pdf

2009-S5262B - Details

2009-S5262B - Summary

2009-S5262B - Sponsor Memo

2009-S5262B - Bill Text download pdf

2009-S5262C (ACTIVE) - Details

2009-S5262C (ACTIVE) - Summary

2009-S5262C (ACTIVE) - Sponsor Memo

2009-S5262C (ACTIVE) - Bill Text download pdf

Comments