S T A T E O F N E W Y O R K
________________________________________________________________________
6143
2009-2010 Regular Sessions
I N A S S E M B L Y
February 26, 2009
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Introduced by M. of A. DINOWITZ, GOTTFRIED, CYMBROWITZ, EDDINGTON --
Multi-Sponsored by -- M. of A. ALFANO, BRADLEY, BRENNAN, COOK,
FARRELL, GALEF, GLICK, McENENY, PAULIN, PERRY, PHEFFER, REILLY,
J. RIVERA, ROBINSON, WALKER, WEINSTEIN -- read once and referred to
the Committee on Insurance
AN ACT to amend the insurance law, in relation to payments to health
care providers for emergency service rendered for injuries incurred as
a result of the operation of a motor vehicle while in an intoxicated
condition
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subsection (b) of section 5103 of the insurance law is
amended by adding a new paragraph 2-a to read as follows:
(2-A) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH TWO OF THIS
SUBSECTION, A HEALTH CARE PROVIDER WHO PROVIDES ANY SERVICE DESCRIBED IN
PARAGRAPH ONE OF SUBSECTION (A) OF SECTION FIVE THOUSAND ONE HUNDRED TWO
OF THIS ARTICLE PURSUANT TO SECTION TWENTY-EIGHT HUNDRED FIVE-B OF THE
PUBLIC HEALTH LAW OR TO PROVIDE MEDICAL SCREENING AND NECESSARY STABI-
LIZING TREATMENT FOR EMERGENCY MEDICAL CONDITIONS, TO AN OTHERWISE
COVERED PERSON, SHALL BE REIMBURSED REGARDLESS OF THE FACT THAT SUCH
PERSON WAS INJURED AS THE RESULT OF OPERATING A MOTOR VEHICLE WHILE IN
AN INTOXICATED CONDITION.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall apply to all policies issued,
renewed, modified, altered or amended on or after such date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02766-01-9