Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Aug 01, 2012 |
signed chap.297 |
Jul 20, 2012 |
delivered to governor |
Jun 21, 2012 |
returned to assembly passed senate 3rd reading cal.1474 substituted for s7071b |
Jun 20, 2012 |
referred to rules delivered to senate passed assembly ordered to third reading rules cal.487 rules report cal.487 reported reported referred to rules |
Jun 17, 2012 |
print number 9946b |
Jun 17, 2012 |
amend (t) and recommit to ways and means |
Jun 14, 2012 |
print number 9946a |
Jun 14, 2012 |
amend (t) and recommit to ways and means reported referred to ways and means |
Apr 26, 2012 |
referred to insurance |
Assembly Bill A9946
Signed By Governor2011-2012 Legislative Session
Sponsored By
MORELLE
Archive: Last Bill Status - Signed by Governor
- 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
Actions
Votes
Bill Amendments
co-Sponsors
Peter Rivera
2011-A9946 - Details
- Law Section:
- Public Health Law
- Laws Affected:
- Amd §§4903, 4914, 4905 & 4902, Pub Health L; amd §§4903, 3224-a, 4914, 4905 & 4902, Ins L
2011-A9946 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9946 I N A S S E M B L Y April 26, 2012 ___________ Introduced by M. of A. MORELLE -- read once and referred to the Commit- tee on Insurance AN ACT to amend the public health law and the insurance law, in relation to utilization review and denial of claims THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 7 of section 4903 of the public health law, as added by chapter 586 of the laws of 1998, is amended to read as follows: 7. Failure by the utilization review agent to make a determination within the time periods prescribed in this section shall be deemed to be an [adverse determination subject to appeal pursuant to section forty nine hundred four of this title] APPROVAL. S 2. Subsection (g) of section 4903 of the insurance law, as added by chapter 586 of the laws of 1998, is amended to read as follows: (g) Failure by the utilization review agent to make a determination within the time periods prescribed in this section shall be deemed to be an [adverse determination subject to appeal pursuant to section four thousand nine hundred four of this title] APPROVAL. S 3. Section 3224-a of the insurance law is amended by adding a new subsection (i) to read as follows: (I)(1) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF SUBSECTION (B) OF THIS SECTION, AN INSURER OR ORGANIZATION OR CORPORATION LICENSED OR CERTIFIED PURSUANT TO ARTICLE FORTY-THREE OR ARTICLE FORTY-SEVEN OF THIS CHAPTER OR ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW SHALL NOT DENY PAYMENT FOR A CLAIM SUBMITTED BY A GENERAL HOSPITAL CERTIFIED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW ON THE BASIS OF AN ADMINISTRATIVE OR TECHNICAL DEFECT, PROVIDED THAT AT LEAST NINETY PERCENT OF THE CLAIMS OTHERWISE SUBMITTED BY THE GENERAL HOSPITAL TO THAT INSURER OR ORGANIZATION OR CORPORATION IN THE PREVIOUS CALENDAR YEAR HAD NO ADMINISTRATIVE OR TECHNICAL DEFECT. FOR PURPOSES OF THIS SECTION, ADMINISTRATIVE OR TECHNICAL DEFECT MEANS FAILURE TO FOLLOW CONTRACTED PROCEDURES IN ACCESSING SERVICES, INCLUDING, BUT NOT LIMITED TO, FAILURE TO REQUEST APPROPRIATE OR NECESSARY AUTHORIZATION OF AN ADMISSION OR PROVISION OF SERVICES AND FAILURE TO PROVIDE PROPER NOTIFI- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
Peter Rivera
Thomas Abinanti
2011-A9946A - Details
- Law Section:
- Public Health Law
- Laws Affected:
- Amd §§4903, 4914, 4905 & 4902, Pub Health L; amd §§4903, 3224-a, 4914, 4905 & 4902, Ins L
2011-A9946A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9946--A I N A S S E M B L Y April 26, 2012 ___________ Introduced by M. of A. MORELLE, P. RIVERA -- read once and referred to the Committee on Insurance -- reported and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the insurance law, in relation to denial of claims THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 3224-a of the insurance law is amended by adding a new subsection (i) to read as follows: (I)(1) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF SUBSECTION (B) OF THIS SECTION, AN INSURER OR ORGANIZATION OR CORPORATION LICENSED OR CERTIFIED PURSUANT TO ARTICLE FORTY-THREE OR ARTICLE FORTY-SEVEN OF THIS CHAPTER OR ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW SHALL NOT DENY PAYMENT FOR A CLAIM FOR A MEDICALLY NECESSARY SERVICE PROVIDED BY A GENERAL HOSPITAL CERTIFIED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW ON THE BASIS OF AN ADMINISTRATIVE OR TECHNICAL DEFECT. FOR PURPOSES OF THIS SECTION, ADMINISTRATIVE OR TECHNICAL DEFECT MEANS FAILURE TO FOLLOW CONTRACTED PROCEDURES IN ACCESSING SERVICES, INCLUD- ING, BUT NOT LIMITED TO, FAILURE TO REQUEST APPROPRIATE OR NECESSARY AUTHORIZATION OF AN ADMISSION OR PROVISION OF SERVICES AND FAILURE TO PROVIDE PROPER NOTIFICATION OF AN ADMISSION OR THE PROVISION OF SERVICES. (2) NOTHING IN THIS SUBSECTION SHALL PRECLUDE A GENERAL HOSPITAL AND AN INSURER, OR AN ORGANIZATION OR CORPORATION LICENSED OR CERTIFIED PURSUANT TO ARTICLE FORTY-THREE OR FORTY-SEVEN OF THIS CHAPTER OR ARTI- CLE FORTY-FOUR OF THE PUBLIC HEALTH LAW, FROM AGREEING TO REDUCTIONS IN PAYMENT FOR ADMINISTRATIVE OR TECHNICAL DEFECTS; PROVIDED, HOWEVER, THAT: (I) NO REDUCTION SHALL BE IMPOSED IF AT LEAST NINETY PERCENT OF THE CLAIMS OTHERWISE SUBMITTED BY THE GENERAL HOSPITAL TO THAT INSURER, ORGANIZATION OR CORPORATION IN THE PREVIOUS CALENDAR YEAR HAD NO ADMIN- ISTRATIVE OR TECHNICAL DEFECT, (II) NO REDUCTION SHALL BE IMPOSED IF THE SERVICE WAS PREAUTHORIZED BY SUCH INSURER, ORGANIZATION OR CORPORATION, OR IF THE PATIENT'S INSURANCE COVERAGE WAS NOT KNOWN TO THE GENERAL HOSPITAL AT THE TIME THE SERVICE WAS PROVIDED, AND (III) ANY AGREED TO EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
Peter Rivera
Thomas Abinanti
William A. Barclay
Andrew Hevesi
2011-A9946B (ACTIVE) - Details
- Law Section:
- Public Health Law
- Laws Affected:
- Amd §§4903, 4914, 4905 & 4902, Pub Health L; amd §§4903, 3224-a, 4914, 4905 & 4902, Ins L
2011-A9946B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9946--B I N A S S E M B L Y April 26, 2012 ___________ Introduced by M. of A. MORELLE, P. RIVERA, ABINANTI -- read once and referred to the Committee on Insurance -- reported and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the insurance law and the public health law, in relation to denial of claims THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 3217-b of the insurance law is amended by adding a new subsection (j) to read as follows: (J) (1) AN INSURER SHALL NOT DENY PAYMENT TO A GENERAL HOSPITAL CERTI- FIED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW FOR A CLAIM FOR MEDICALLY NECESSARY INPATIENT SERVICES RESULTING FROM AN EMER- GENCY ADMISSION PROVIDED BY A GENERAL HOSPITAL SOLELY ON THE BASIS THAT THE GENERAL HOSPITAL DID NOT TIMELY NOTIFY SUCH INSURER THAT THE SERVICES HAD BEEN PROVIDED. (2) NOTHING IN THIS SUBSECTION SHALL PRECLUDE A GENERAL HOSPITAL AND AN INSURER FROM AGREEING TO REQUIREMENTS FOR TIMELY NOTIFICATION THAT MEDICALLY NECESSARY INPATIENT SERVICES RESULTING FROM AN EMERGENCY ADMISSION HAVE BEEN PROVIDED AND TO REDUCTIONS IN PAYMENT FOR FAILURE TO TIMELY NOTIFY; PROVIDED, HOWEVER THAT: (I) ANY REQUIREMENT FOR TIMELY NOTIFICATION MUST PROVIDE FOR A REASONABLE EXTENSION OF TIMEFRAMES FOR NOTIFICATION FOR EMERGENCY SERVICES PROVIDED ON WEEKENDS OR FEDERAL HOLIDAYS, (II) ANY AGREED TO REDUCTION IN PAYMENT FOR FAILURE TO TIMELY NOTIFY SHALL NOT EXCEED THE LESSER OF TWO THOUSAND DOLLARS OR TWELVE PERCENT OF THE PAYMENT AMOUNT OTHERWISE DUE FOR THE SERVICES PROVIDED, AND (III) ANY AGREED TO REDUCTION IN PAYMENT FOR FAILURE TO TIMELY NOTI- FY SHALL NOT BE IMPOSED IF THE PATIENT'S INSURANCE COVERAGE COULD NOT BE DETERMINED BY THE HOSPITAL AFTER REASONABLE EFFORTS AT THE TIME THE INPATIENT SERVICES WERE PROVIDED. S 2. Section 4325 of the insurance law is amended by adding a new subsection (k) to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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