assembly Bill A6286

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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Archive: Last Bill Status -


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to insurance
Mar 11, 2011 referred to insurance

Co-Sponsors

Multi-Sponsors

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A6286 - Details

See Senate Version of this Bill:
S2816A
Law Section:
Insurance Law
Laws Affected:
Amd §§5102, 5106, 5109, 5108 & 3425, add §5110, Ins L

A6286 - 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.

A6286 - Bill Text download pdf

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

                                  6286

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2011
                               ___________

Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
  tee 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.
                                                           LBD08083-02-1

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