S T A T E O F N E W Y O R K
________________________________________________________________________
7779
I N S E N A T E
June 18, 2012
___________
Introduced by Sen. SEWARD -- 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 limits on certain
supplementary insurance; and in relation to providers of durable
medical equipment
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 2 of subsection (f) of section 3420 of the insur-
ance law, as separately amended by chapters 547 and 568 of the laws of
1997, is amended to read as follows:
(2) (A) Any [such] PRIVATE PASSENGER AUTOMOBILE INSURANCE policy
shall[, at the option of the insured, also] provide supplementary
uninsured/underinsured motorists insurance for bodily injury[, in an
amount up to] IN THE SAME AMOUNT AS the bodily injury liability insur-
ance limits of coverage provided under [such] THE PRIVATE PASSENGER
AUTOMOBILE INSURANCE policy[, subject to a maximum of two hundred fifty
thousand dollars because of bodily injury to or death of one person in
any one accident and, subject to such limit for one person, up to five
hundred thousand dollars because of bodily injury to or death of two or
more persons in any one accident, or a combined single limit policy of
five hundred thousand dollars because of bodily injury to or death of
one or more persons in any one accident. Provided however, an insurer
issuing such policy, in lieu of offering to the insured the coverages
stated above, may provide supplementary uninsured/underinsured motorists
insurance for bodily injury, in an amount up to the bodily injury
liability insurance limits of coverage provided under such policy,
subject to a maximum of one hundred thousand dollars because of bodily
injury to or death of one person in any one accident and, subject to
such limit for one person, up to three hundred thousand dollars because
of bodily injury to or death of two or more persons in any one accident,
or a combined single limit policy of three hundred thousand dollars
because of bodily injury to or death of one or more persons in any one
accident, if such insurer also makes available a personal umbrella poli-
cy with liability coverage limits up to at least five hundred thousand
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16335-01-2
S. 7779 2
dollars which also provides coverage for supplementary
uninsured/underinsured motorists claims]. THE COVERAGE REQUIRED UNDER
THIS PARAGRAPH IS NOT APPLICABLE WHEN, OR TO THE EXTENT THAT, AN INSURED
NAMED IN THE POLICY MAKES A REJECTION OF THE COVERAGE ON BEHALF OF ALL
INSUREDS UNDER THE POLICY. SUCH REJECTION MAY BE MEMORIALIZED BY THE
INSURER THROUGH A SIGNED WRITING, AUDIO RECORDING, ELECTRONIC SIGNATURE
OR ANY OTHER MEANS EVIDENCING THE INSURED'S REJECTION OF SUCH COVERAGE.
Supplementary uninsured/underinsured motorists insurance shall provide
coverage, in any state or Canadian province, if the limits of liability
under all bodily injury liability bonds and insurance policies of
[another] ANY OTHER motor vehicle liable for damages are in a lesser
amount than the bodily injury liability insurance limits of coverage
provided by such policy. Upon written request by any insured covered by
supplemental uninsured/underinsured motorists insurance or his duly
authorized representative and upon disclosure by the insured of the
insured's bodily injury and supplemental uninsured/underinsured motor-
ists insurance coverage limits, the insurer of any other owner or opera-
tor of another motor vehicle against which a claim has been made for
damages to the insured shall disclose, within forty-five days of the
request, the bodily injury liability insurance limits of its coverage
provided under the policy or all bodily injury liability bonds. The time
of the insured to make any supplementary uninsured/underinsured motorist
claim, shall be tolled during the period the insurer of any other owner
or operator of another motor vehicle that may be liable for damages to
the insured, fails to so disclose its coverage. As a condition precedent
to the obligation of the insurer to pay under the supplementary
uninsured/underinsured motorists insurance coverage, the limits of
liability of [all] bodily injury liability bonds or insurance policies
applicable at the time of the accident shall be exhausted by payment of
judgments or settlements.
(B) [In addition to the notice provided, upon issuance of a policy of
motor vehicle liability insurance pursuant to regulations promulgated by
the superintendent,] AT THE TIME THE POLICY IS SOLD, PURCHASED OR NEGO-
TIATED insurers shall notify insureds, in [writing] WRITTEN, VERBAL OR
ELECTRONIC FORMAT, of the NATURE AND availability of supplementary
uninsured/underinsured motorists coverage AND SHALL STATE THAT THE
COVERAGE IS EQUAL TO BODILY INJURY LIABILITY LIMITS UNLESS LOWER LIMITS
ARE REQUESTED OR THE COVERAGE IS REJECTED. Such notification shall
contain an explanation of supplementary uninsured/underinsured motorists
coverage and the amounts in which it can be purchased. SUCH NOTICE
SHALL STATE THE FOLLOWING OR INCLUDE INFORMATION SUBSTANTIALLY SIMILAR
TO THE FOLLOWING:
"SUPPLEMENTARY UNINSURED/UNDERINSURED MOTORISTS COVERAGE (SUM COVER-
AGE) SHALL BE EQUAL TO BODILY INJURY LIABILITY LIMITS UNLESS LOWER
LIMITS ARE REQUESTED OR THE COVERAGE IS REJECTED. A POLICYHOLDER SHOULD
CONSIDER PURCHASING SUM COVERAGE IN ORDER TO PROTECT AGAINST THE POSSI-
BILITY OF AN ACCIDENT INVOLVING ANOTHER MOTOR VEHICLE WHOSE OWNER OR
OPERATOR WAS NEGLIGENT AND WHO MAY HAVE NO INSURANCE WHATSOEVER; OR EVEN
IF INSURED, IS ONLY INSURED FOR THIRD-PARTY BODILY INJURY AT RELATIVELY
LOW LIABILITY LIMITS, IN COMPARISON TO THE POLICYHOLDER'S OWN LIABILITY
LIMITS FOR BODILY INJURY SUSTAINED BY THIRD-PARTIES. BY PURCHASING SUM
COVERAGE, WHICH CANNOT BE PURCHASED IN AN AMOUNT EXCEEDING THE AMOUNT OF
THIRD PARTY LIABILITY COVERAGE PURCHASED, THE POLICYHOLDER AND ANY
INSURED UNDER THE POLICY CAN BE PROTECTED FOR BODILY INJURY TO THEM-
SELVES, UP TO THE LIMIT OF THE SUM COVERAGE PURCHASED; AND RECEIVE FROM
THE POLICYHOLDER'S OWN INSURANCE PAYMENT FOR BODILY INJURY SUSTAINED DUE
S. 7779 3
TO THE NEGLIGENCE OF THE OTHER MOTOR VEHICLE'S OWNER OR OPERATOR."
Subsequently, a notification of availability shall be provided at least
once a year and may be simplified pursuant to regulations promulgated by
the superintendent, but must include a concise statement that supplemen-
tary uninsured/underinsured motorists coverage is available, an explana-
tion of such coverage, and the coverage limits that can be purchased
from the insurer.
(C) WHEN THERE IS A DISPUTE BETWEEN AN INSURER AND INSURED OVER THE
AMOUNT OF SUPPLEMENTARY UNINSURED/UNDERINSURED MOTORISTS COVERAGE AVAIL-
ABLE ON A CLAIM AND THE INSURER ULTIMATELY PROVIDES COVERAGE HIGHER THAN
THE AMOUNT OF PREMIUM THE INSURER IS CHARGING FOR, AN INSURER MAY DEDUCT
ANY PREMIUM DUE FROM A RE-RATING OF THE POLICY BACK TO THE POLICY ISSUE
DATE AGAINST ANY BENEFITS DUE ON THE CLAIM.
S 2. The insurance law is amended by adding a new section 5109-a to
read as follows:
S 5109-A. UNAUTHORIZED PROVIDERS OF DURABLE MEDICAL EQUIPMENT. (A) THE
SUPERINTENDENT MAY PROHIBIT A PROVIDER OF DURABLE MEDICAL EQUIPMENT FROM
DEMANDING OR REQUESTING PAYMENT UNDER THIS ARTICLE FOR DURABLE MEDICAL
EQUIPMENT FOR A PERIOD TO BE DETERMINED BY THE SUPERINTENDENT IF THE
SUPERINTENDENT DETERMINES, AFTER NOTICE AND A HEARING, THAT THE PROVIDER
OF DURABLE MEDICAL EQUIPMENT:
(1) HAS ENGAGED IN FRAUDULENT, EXCESSIVE OR UNLAWFUL BILLING OF INSUR-
ANCE COMPANIES FOR DURABLE MEDICAL EQUIPMENT;
(2) HAS BILLED INSURANCE COMPANIES FOR DURABLE MEDICAL EQUIPMENT WHICH
WAS NOT PROVIDED;
(3) HAS BILLED INSURANCE COMPANIES FOR DURABLE MEDICAL EQUIPMENT WHICH
WAS NOT NECESSARY;
(4) HAS COMMITTED A FRAUDULENT INSURANCE ACT AS DEFINED IN SECTION
176.05 OF THE PENAL LAW;
(5) HAS BEEN CONVICTED OF A CRIME INVOLVING FRAUDULENT OR DISHONEST
PRACTICES;
(6) HAS REFUSED TO APPEAR BEFORE, OR ANSWER ANY QUESTION UPON REQUEST
OF, THE SUPERINTENDENT OR ANY DULY AUTHORIZED OFFICER OF THIS STATE OR
REFUSED TO PRODUCE ANY RELEVANT INFORMATION CONCERNING THE CONDUCT OF
THE PROVIDER OF DURABLE MEDICAL EQUIPMENT IN CONNECTION WITH DURABLE
MEDICAL EQUIPMENT PROVIDED UNDER THIS ARTICLE; OR
(7) HAS VIOLATED ANY PROVISION OF THIS ARTICLE OR REGULATIONS PROMUL-
GATED THEREUNDER.
(B) A PROVIDER OF DURABLE MEDICAL EQUIPMENT SHALL NOT DEMAND OR
REQUEST PAYMENT UNDER THIS ARTICLE FOR DURABLE MEDICAL EQUIPMENT DURING
THE TERM OF THE PROHIBITION ORDERED BY THE SUPERINTENDENT PURSUANT TO
SUBSECTION (A) OF THIS SECTION.
(C) THE SUPERINTENDENT SHALL MAINTAIN A DATABASE CONTAINING A LIST OF
PROVIDERS OF DURABLE MEDICAL EQUIPMENT PROHIBITED BY THIS SECTION FROM
DEMANDING OR REQUESTING PAYMENT FOR DURABLE MEDICAL EQUIPMENT RENDERED
UNDER THIS ARTICLE AND SHALL MAKE THE INFORMATION AVAILABLE TO THE
PUBLIC.
(D) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS LIMITING IN ANY
RESPECT THE POWERS AND DUTIES OF ANY OTHER STATE OR FEDERAL AGENCY OR
INSURERS TO INVESTIGATE INSTANCES OF MISCONDUCT BY DURABLE MEDICAL
EQUIPMENT PROVIDERS AND TAKE APPROPRIATE ACTION PURSUANT TO ANY OTHER
PROVISION OF LAW.
S 3. This act shall take effect on the one hundred eightieth day
after it shall have become a law, and shall apply to insurance policies
and contracts issued, entered into or renewed on and after such date.