S T A T E O F N E W Y O R K
________________________________________________________________________
8241
I N S E N A T E
June 17, 2010
___________
Introduced by Sen. SAMPSON -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the insurance law, in relation to non-emergency ambu-
lette transportation services provided to covered persons
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The insurance law is amended by adding a new section 5110
to read as follows:
S 5110. AMBULETTE TRANSPORTATION SERVICES. (A) EVERY OWNER'S POLICY OF
LIABILITY INSURANCE ISSUED ON A MOTOR VEHICLE IN SATISFACTION OF THE
REQUIREMENTS OF ARTICLE SIX OR EIGHT OF THE VEHICLE AND TRAFFIC LAW
SHALL INCLUDE REIMBURSEMENT OF NON-EMERGENCY AMBULETTE TRANSPORTATION
SERVICES THAT ARE MEDICAID-CERTIFIED FOR THE TRANSPORT OF COVERED
PERSONS TO AND FROM APPOINTMENTS WITH HEALTH CARE PROVIDERS THAT ARE
DIRECTLY RELATED TO TREATMENT OF AN INJURY OR INJURIES SUSTAINED AS A
RESULT OF A MOTOR VEHICLE ACCIDENT.
(B) PAYMENT BY AN INSURER PURSUANT TO THIS SECTION SHALL BE PAYMENT IN
FULL FOR THE SERVICES PROVIDED. AN AMBULETTE SERVICE REIMBURSED PURSUANT
TO THIS SECTION SHALL NOT CHARGE OR SEEK ANY REIMBURSEMENT FROM, OR HAVE
ANY RECOURSE AGAINST A COVERED PERSON FOR THE SERVICES PROVIDED PURSUANT
TO THIS SECTION.
(C) AMBULETTE COMPANIES SHALL BE AUTHORIZED TO ACCEPT LETTERS OF REAS-
SIGNMENT OF BENEFITS FROM COVERED PERSONS.
(D) AN INSURER SHALL PROVIDE REIMBURSEMENT FOR THOSE SERVICES
PRESCRIBED BY THIS SECTION AT RATES NEGOTIATED BETWEEN THE INSURER AND
THE PROVIDER OF SUCH SERVICES. IN THE ABSENCE OF AGREED UPON RATES, AN
INSURER SHALL PAY FOR SUCH SERVICES AT THE USUAL AND CUSTOMARY CHARGE,
WHICH SHALL NOT BE EXCESSIVE OR UNREASONABLE.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17664-02-0