senate Bill S3593A

2011-2012 Legislative Session

Requires medical proof in no-fault actions

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Archive: Last Bill Status - In 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 19, 2012 print number 3593a
amend and recommit to insurance
Jan 04, 2012 referred to insurance
Feb 28, 2011 referred to insurance

Bill Amendments

Original
A (Active)
Original
A (Active)

S3593 - Details

Current Committee:
Law Section:
Insurance Law
Laws Affected:
Add §5110, Ins L
Versions Introduced in 2009-2010 Legislative Session:
S8246

S3593 - Summary

Requires medical proof in no-fault actions.

S3593 - Sponsor Memo

S3593 - Bill Text download pdf

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

                                  3593

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 28, 2011
                               ___________

Introduced  by  Sen.  ADAMS  -- 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  medical  proof  in
  no-fault  actions, and provides for the repeal of such provisions upon
  expiration thereof

  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. MEDICAL PROOF IN NO-FAULT ACTIONS. 1. A PARTY WHO INITIATES AN
ACTION FOR MONEY, EXCLUSIVE OF INTEREST AND  COSTS  AND  ATTORNEY  FEES,
WHICH  SEEKS  REIMBURSEMENT  FOR MEDICAL TREATMENT, TESTING, OR SUPPLIES
PURSUANT TO SECTION FIVE THOUSAND ONE HUNDRED SIX OF THIS ARTICLE, SHALL
AT TRIAL, SUBMIT THE SWORN STATEMENT OF  THE  LICENSED  MEDICAL  PROFES-
SIONAL THAT RENDERED, PRESCRIBED OR ORDERED THE MEDICAL TREATMENT ON THE
ISSUE  OR ISSUES OF MEDICAL NECESSITY OR A SWORN STATEMENT FROM A REPRE-
SENTATIVE THAT CLAIMED SERVICES HAD BEEN BILLED IN ACCORDANCE  WITH  THE
WORKERS  COMPENSATION FEE SCHEDULE PURSUANT TO SECTION FIVE THOUSAND ONE
HUNDRED EIGHT OF THIS ARTICLE.
  2. THE LICENSED MEDICAL PROFESSIONAL SHALL AFFIRM THAT NO-FAULT  BENE-
FITS WERE DULY ASSIGNED TO THE PLAINTIFF, THE CLAIMED TREATMENT, TESTING
OR  SUPPLIES  WERE  RENDERED,  PRESCRIBED  OR  ORDERED BY THE PLAINTIFF,
MEDICALLY NECESSARY TO TREAT ACCIDENT RELATED INJURIES AND SHALL INCLUDE
THE MATERIAL FACTS AND DOCUMENTS  UPON  WHICH  THE  OPINION  OF  MEDICAL
NECESSITY  WAS  BASED; OR, THE REPRESENTATIVE SHALL INCLUDE THE RELEVANT
SECTIONS OF THE FEE SCHEDULE AND THE MATERIAL FACTS AND  DOCUMENTS  THAT
SUPPORT  THE  CLAIMED  SERVICES  WERE  BILLED IN ACCORDANCE WITH THE FEE
SCHEDULE. SUBMISSION OF SUCH SWORN STATEMENT SHALL NOT CREATE A PRESUMP-
TION OF MEDICAL NECESSITY OR PROVIDE GREATER DEFERENCE TO  THE  TREATING
MEDICAL PROFESSIONAL OR ADHERENCE TO THE FEE SCHEDULE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07585-01-1

S3593A (ACTIVE) - Details

Current Committee:
Law Section:
Insurance Law
Laws Affected:
Add §5110, Ins L
Versions Introduced in 2009-2010 Legislative Session:
S8246

S3593A (ACTIVE) - Summary

Requires medical proof in no-fault actions.

S3593A (ACTIVE) - Sponsor Memo

S3593A (ACTIVE) - Bill Text download pdf

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

                                 3593--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 28, 2011
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Insurance  --  recommitted
  to the Committee on Insurance in accordance with Senate Rule 6, sec. 8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the insurance law,  in  relation  to  medical  proof  in
  no-fault  actions, and provides for the repeal of such provisions upon
  expiration thereof

  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. MEDICAL PROOF IN NO-FAULT ACTIONS. 1. A PARTY WHO INITIATES AN
ACTION FOR MONEY, EXCLUSIVE OF INTEREST AND  COSTS  AND  ATTORNEY  FEES,
WHICH  SEEKS  REIMBURSEMENT  FOR MEDICAL TREATMENT, TESTING, OR SUPPLIES
PURSUANT TO SECTION FIVE THOUSAND ONE HUNDRED SIX OF THIS ARTICLE, SHALL
AT TRIAL, SUBMIT THE SWORN STATEMENT OF  THE  LICENSED  MEDICAL  PROFES-
SIONAL THAT RENDERED, PRESCRIBED OR ORDERED THE MEDICAL TREATMENT ON THE
ISSUE  OR ISSUES OF MEDICAL NECESSITY OR A SWORN STATEMENT FROM A REPRE-
SENTATIVE THAT CLAIMED SERVICES HAD BEEN BILLED IN ACCORDANCE  WITH  THE
WORKERS  COMPENSATION FEE SCHEDULE PURSUANT TO SECTION FIVE THOUSAND ONE
HUNDRED EIGHT OF THIS ARTICLE.
  2. THE LICENSED MEDICAL PROFESSIONAL SHALL AFFIRM THAT NO-FAULT  BENE-
FITS WERE DULY ASSIGNED TO THE PLAINTIFF, THE CLAIMED TREATMENT, TESTING
OR  SUPPLIES  WERE  RENDERED,  PRESCRIBED  OR  ORDERED BY THE PLAINTIFF,
MEDICALLY NECESSARY TO TREAT ACCIDENT RELATED INJURIES AND SHALL INCLUDE
THE MATERIAL FACTS AND DOCUMENTS  UPON  WHICH  THE  OPINION  OF  MEDICAL
NECESSITY  WAS  BASED; OR, THE REPRESENTATIVE SHALL INCLUDE THE RELEVANT
SECTIONS OF THE FEE SCHEDULE AND THE MATERIAL FACTS AND  DOCUMENTS  THAT
SUPPORT  THE  CLAIMED  SERVICES  WERE  BILLED IN ACCORDANCE WITH THE FEE
SCHEDULE. SUBMISSION OF SUCH SWORN STATEMENT SHALL NOT CREATE A PRESUMP-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07585-02-1

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