Assembly Bill A3342

2009-2010 Legislative Session

Relates to overpayments to health care providers when fraud or other intentional misconduct is alleged

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • 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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2009-A3342 (ACTIVE) - Details

Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Amd ยง3224-b, Ins L
Versions Introduced in 2011-2012 Legislative Session:
A4522, A8892

2009-A3342 (ACTIVE) - Summary

Relates to overpayments to health care providers when fraud or other intentional misconduct is alleged.

2009-A3342 (ACTIVE) - Bill Text download pdf 

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

                                  3342

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by M. of A. BRADLEY, DelMONTE, BING, FIELDS, GUNTHER, GALEF,
  BENEDETTO, CLARK, MAGNARELLI, SCHIMEL -- Multi-Sponsored by --  M.  of
  A. BOYLAND, BRENNAN, COLTON, GOTTFRIED, JEFFRIES, KOON, LATIMER, McEN-
  ENY,  PERRY,  SWEENEY,  WEISENBERG  --  read  once and referred to the
  Committee on Insurance

AN ACT to amend the insurance law, in relation to overpayments to health
  care providers

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

  Section  1.  Subsection  (b) of section 3224-b of the insurance law is
amended by adding a new paragraph 2-a to read as follows:
  (2-A) IF A PROVIDER OF A HEALTH  CARE  PLAN  ALLEGES  FRAUD  OR  OTHER
INTENTIONAL  MISCONDUCT, OR ABUSIVE BILLING TO SEEK RECOVERY OF AN OVER-
PAYMENT  PURSUANT  TO  PARAGRAPH  TWO  OF  THIS  SUBSECTION  MORE   THAN
TWENTY-FOUR MONTHS AFTER THE ORIGINAL PAYMENT WAS RECEIVED BY THE HEALTH
CARE  PROVIDER, AND IT IS FOUND THAT SUCH PAYMENT OR PAYMENTS IN DISPUTE
WERE NOT THE RESULT OF FRAUD OR OTHER INTENTIONAL MISCONDUCT OR  ABUSIVE
BILLING,  SUCH PROVIDER OF THE HEALTH CARE PLAN SHALL BE RESPONSIBLE FOR
THE REASONABLE LEGAL FEES OF THE HEALTH CARE PROVIDER CONNECTED WITH THE
DEFENSE OF THE ALLEGATIONS THAT THERE WAS AN OVERPAYMENT. THE DEPARTMENT
SHALL FINE ANY PROVIDER OF A HEALTH CARE PLAN FOUND TO  HAVE  KNOWINGLY,
WILLFULLY  OR  RECKLESSLY  MADE  FALSE  CHARGES UNDER THIS SECTION IN AN
AMOUNT OF UP TO FIVE  THOUSAND  DOLLARS  PER  PAYMENT  THAT  IS  FALSELY
CHARGED TO HAVE BEEN THE RESULT OF FRAUD OR OTHER INTENTIONAL MISCONDUCT
OR ABUSIVE BILLING.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03361-01-9

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