senate Bill S2816A

2011-2012 Legislative Session

Enacts provisions relating to comprehensive motor vehicle reparations; including limited assignment of benefits; preclusion lift and mandatory arbitration

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Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to insurance
Apr 04, 2011 print number 2816a
amend and recommit to insurance
Feb 02, 2011 referred to insurance

S2816 - Details

See Assembly Version of this Bill:
A6286
Law Section:
Insurance Law
Laws Affected:
Amd §§5102, 5106, 5109, 5108 & 3425, add §5110, Ins L

S2816 - Summary

Enacts provisions relating to comprehensive motor vehicle reparations; provides for limited assignment of benefits; preclusion lift; burden of proof shift (view more) mandatory arbitration; provider decertification; and treatment guidelines.

S2816 - Sponsor Memo

S2816 - Bill Text download pdf

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

                                  2816

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 2, 2011
                               ___________

Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
  printed to be committed to the Committee on Insurance

AN ACT to amend the insurance law, in relation  to  comprehensive  motor
  vehicle reparations

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

  Section 1. Section 5102 of the insurance law is amended  by  adding  a
new subsection (n) to read as follows:
  (N)  "HEALTH SERVICE PROVIDER" MEANS ANY MEDICAL PROVIDER THAT SUBMITS
A BILL FOR PAYMENT UNDER BENEFITS DEFINED AND PROVIDED BY  THIS  SECTION
FOR ANY OF THE FOLLOWING:
  (1)  MEDICAL, HOSPITAL (INCLUDING SERVICES RENDERED IN COMPLIANCE WITH
ARTICLE FORTY-ONE OF THE PUBLIC HEALTH LAW, WHETHER OR NOT SUCH SERVICES
ARE RENDERED DIRECTLY BY A HOSPITAL), SURGICAL, NURSING,  DENTAL,  AMBU-
LANCE, X-RAY, PRESCRIPTION DRUG AND PROSTHETIC SERVICES;
  (2) PSYCHIATRIC, PHYSICAL THERAPY (PROVIDED THAT TREATMENT IS RENDERED
PURSUANT TO A REFERRAL) AND OCCUPATIONAL THERAPY AND REHABILITATION;
  (3)  ANY NONMEDICAL REMEDIAL CARE AND TREATMENT RENDERED IN ACCORDANCE
WITH A RELIGIOUS METHOD OF HEALING RECOGNIZED BY THE LAWS OF THIS STATE;
AND
  (4) ANY OTHER PROFESSIONAL HEALTH SERVICES.
  S 2. Subsection (a) of section 5106 of the insurance law is amended by
adding two new undesignated paragraphs to read as follows:
  PAYMENT OF THE INTEREST PENALTY AND  REASONABLE  ATTORNEY  FEES  TO  A
CLAIMANT WHEN PAYMENT OF A CLAIM IS OVERDUE SHALL BE THE EXCLUSIVE REME-
DY  WHEN  AN  INSURER  FAILS  TO  MAKE TIMELY PAYMENT. THE FAILURE OF AN
INSURER TO MAKE TIMELY PAYMENT OR ISSUE  A  DENIAL  WITHIN  THIRTY  DAYS
AFTER PROOF OF CLAIM HAS BEEN SUBMITTED TO AN INSURER SHALL NOT PRECLUDE
SUCH  INSURER  FROM  ISSUING  A  DENIAL OR ASSERTING A DEFENSE AFTER THE
THIRTY DAY PERIOD HAS ELAPSED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08083-01-1

Co-Sponsors

view additional co-sponsors

S2816A (ACTIVE) - Details

See Assembly Version of this Bill:
A6286
Law Section:
Insurance Law
Laws Affected:
Amd §§5102, 5106, 5109, 5108 & 3425, add §5110, Ins L

S2816A (ACTIVE) - Summary

Enacts provisions relating to comprehensive motor vehicle reparations; provides for limited assignment of benefits; preclusion lift; burden of proof shift (view more) mandatory arbitration; provider decertification; and treatment guidelines.

S2816A (ACTIVE) - Sponsor Memo

S2816A (ACTIVE) - Bill Text download pdf

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

                                 2816--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 2, 2011
                               ___________

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

AN  ACT  to  amend the insurance law, in relation to comprehensive motor
  vehicle reparations

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

  Section  1.  Section  5102 of the insurance law is amended by adding a
new subsection (n) to read as follows:
  (N) "HEALTH SERVICE PROVIDER" MEANS ANY MEDICAL PROVIDER THAT  SUBMITS
A  BILL  FOR PAYMENT UNDER BENEFITS DEFINED AND PROVIDED BY THIS SECTION
FOR ANY OF THE FOLLOWING:
  (1) MEDICAL, HOSPITAL (INCLUDING SERVICES RENDERED IN COMPLIANCE  WITH
ARTICLE FORTY-ONE OF THE PUBLIC HEALTH LAW, WHETHER OR NOT SUCH SERVICES
ARE  RENDERED  DIRECTLY BY A HOSPITAL), SURGICAL, NURSING, DENTAL, AMBU-
LANCE, X-RAY, PRESCRIPTION DRUG AND PROSTHETIC SERVICES;
  (2) PSYCHIATRIC, PHYSICAL THERAPY (PROVIDED THAT TREATMENT IS RENDERED
PURSUANT TO A REFERRAL) AND OCCUPATIONAL THERAPY AND REHABILITATION;
  (3) ANY NONMEDICAL REMEDIAL CARE AND TREATMENT RENDERED IN  ACCORDANCE
WITH A RELIGIOUS METHOD OF HEALING RECOGNIZED BY THE LAWS OF THIS STATE;
AND
  (4) ANY OTHER PROFESSIONAL HEALTH SERVICES.
  S 2. Subsection (a) of section 5106 of the insurance law is amended by
adding two new undesignated paragraphs to read as follows:
  PAYMENT  OF  THE  INTEREST  PENALTY  AND REASONABLE ATTORNEY FEES TO A
CLAIMANT WHEN PAYMENT OF A CLAIM IS OVERDUE SHALL BE THE EXCLUSIVE REME-
DY WHEN AN INSURER FAILS TO MAKE  TIMELY  PAYMENT.  THE  FAILURE  OF  AN
INSURER  TO  MAKE  TIMELY  PAYMENT  OR ISSUE A DENIAL WITHIN THIRTY DAYS
AFTER PROOF OF CLAIM HAS BEEN SUBMITTED TO AN INSURER SHALL NOT PRECLUDE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08083-03-1