Do you support this bill?

Assembly Bill A4522A

2011-2012 Legislative Session

Relates to overpayments to health care providers when fraud or other intentional misconduct is alleged

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

Bill Amendments

co-Sponsors

multi-Sponsors

2011-A4522 - Details

Law Section:
Insurance Law
Laws Affected:
Amd §3224-b, Ins L
Versions Introduced in 2009-2010 Legislative Session:
A9720, A3342

2011-A4522 - Summary

Relates to overpayments to health care providers when fraud or other intentional misconduct is alleged.

2011-A4522 - Bill Text download pdf 

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

                                  4522

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2011
                               ___________

Introduced  by M. of A. BING, MAGNARELLI, GUNTHER, CLARK, JAFFEE, GALEF,
  CASTRO, SCHIMEL, N. RIVERA, PERRY -- Multi-Sponsored by --  M.  of  A.
  COOK,  GLICK,  GOTTFRIED,  MAGEE,  M. MILLER,  PAULIN,  PHEFFER, RAIA,
  SPANO, SWEENEY, WEISENBERG -- read once and referred to the  Committee
  on Insurance

AN ACT to amend the insurance law, in relation to overpayments to health
  care providers

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

  Section 1. Subsection (b) of section 3224-b of the  insurance  law  is
amended by adding a new paragraph 2-a to read as follows:
  (2-A)  IF  A  PROVIDER  OF  A  HEALTH CARE PLAN ALLEGES FRAUD OR OTHER
INTENTIONAL MISCONDUCT, OR ABUSIVE BILLING TO SEEK RECOVERY OF AN  OVER-
PAYMENT   PURSUANT  TO  PARAGRAPH  TWO  OF  THIS  SUBSECTION  MORE  THAN
TWENTY-FOUR MONTHS AFTER THE ORIGINAL PAYMENT WAS RECEIVED BY THE HEALTH
CARE PROVIDER, AND IT IS FOUND THAT SUCH PAYMENT OR PAYMENTS IN  DISPUTE
WERE  NOT THE RESULT OF FRAUD OR OTHER INTENTIONAL MISCONDUCT OR ABUSIVE
BILLING, SUCH PROVIDER OF THE HEALTH CARE PLAN SHALL BE RESPONSIBLE  FOR
THE  REASONABLE  LEGAL AND OTHER EXPERT FEES OF THE HEALTH CARE PROVIDER
CONNECTED WITH THE DEFENSE OF THE ALLEGATIONS THAT THERE WAS AN OVERPAY-
MENT. THE DEPARTMENT SHALL FINE ANY PROVIDER OF A HEALTH CARE PLAN FOUND
TO HAVE KNOWINGLY, WILLFULLY OR RECKLESSLY MADE FALSE CHARGES UNDER THIS
SECTION IN AN AMOUNT OF UP TO FIVE THOUSAND DOLLARS PER PAYMENT THAT  IS
FALSELY  CHARGED  TO  HAVE BEEN THE RESULT OF FRAUD OR OTHER INTENTIONAL
MISCONDUCT OR ABUSIVE BILLING.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08055-01-1

co-Sponsors

multi-Sponsors

2011-A4522A (ACTIVE) - Details

Law Section:
Insurance Law
Laws Affected:
Amd §3224-b, Ins L
Versions Introduced in 2009-2010 Legislative Session:
A9720, A3342

2011-A4522A (ACTIVE) - Summary

Relates to overpayments to health care providers when fraud or other intentional misconduct is alleged.

2011-A4522A (ACTIVE) - Bill Text download pdf 

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

                                 4522--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2011
                               ___________

Introduced  by M. of A. BING, MAGNARELLI, GUNTHER, CLARK, JAFFEE, GALEF,
  CASTRO, SCHIMEL, N. RIVERA, PERRY -- Multi-Sponsored by --  M.  of  A.
  COOK,  GLICK,  GOTTFRIED,  MAGEE,  M. MILLER,  PAULIN,  PHEFFER, RAIA,
  SPANO, SWEENEY, WEISENBERG -- read once and referred 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 overpayments to health
  care providers

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

  Section  1.  Subsection  (b) of section 3224-b of the insurance law is
amended by adding a new paragraph 2-a to read as follows:
  (2-A) IF A HEALTH CARE PLAN ALLEGES FRAUD OR OTHER INTENTIONAL MISCON-
DUCT, OR ABUSIVE BILLING TO SEEK RECOVERY OF AN OVERPAYMENT PURSUANT  TO
PARAGRAPH  TWO OF THIS SUBSECTION MORE THAN TWENTY-FOUR MONTHS AFTER THE
ORIGINAL PAYMENT WAS RECEIVED BY THE HEALTH CARE  PROVIDER,  AND  IT  IS
FOUND  THAT  SUCH  PAYMENT OR PAYMENTS IN DISPUTE WERE NOT THE RESULT OF
FRAUD OR OTHER INTENTIONAL MISCONDUCT OR ABUSIVE  BILLING,  SUCH  HEALTH
CARE PLAN SHALL BE RESPONSIBLE FOR THE REASONABLE LEGAL AND OTHER EXPERT
FEES OF THE HEALTH CARE PROVIDER CONNECTED WITH THE DEFENSE OF THE ALLE-
GATIONS  THAT  THERE  WAS  AN OVERPAYMENT. THE DEPARTMENT SHALL FINE ANY
HEALTH CARE PLAN FOUND TO HAVE KNOWINGLY, WILLFULLY OR  RECKLESSLY  MADE
FALSE  CHARGES  UNDER  THIS  SECTION IN AN AMOUNT OF UP TO FIVE THOUSAND
DOLLARS PER PAYMENT THAT IS FALSELY CHARGED TO HAVE BEEN THE  RESULT  OF
FRAUD OR OTHER INTENTIONAL MISCONDUCT OR ABUSIVE BILLING.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08055-02-1

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.