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Assembly Bill A5146

2013-2014 Legislative Session

Regulates the payment of reimbursement where the insured has assigned his or her rights to an out-of-plan health care provider

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Archive: Last Bill Status - Stricken

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2013-A5146 (ACTIVE) - Details

Law Section:
Insurance Law
Laws Affected:
Amd ยงยง3216, 3221 & 4303, Ins L
Versions Introduced in Other Legislative Sessions:
2009-2010: A766
2011-2012: A5040

2013-A5146 (ACTIVE) - Summary

Regulates the payment of reimbursement where the insured has assigned his or her rights to an out-of-plan health care provider.

2013-A5146 (ACTIVE) - Bill Text download pdf

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

                                  5146

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

Introduced  by M. of A. GOTTFRIED, PAULIN -- Multi-Sponsored by -- M. of
  A. KELLNER, MILLMAN, WEISENBERG --  read  once  and  referred  to  the
  Committee on Insurance

AN  ACT  to amend the insurance law, in relation to assignment of rights
  by the insured

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

  Section  1.  Subsection  (i)  of  section 3216 of the insurance law is
amended by adding a new paragraph 30 to read as follows:
  (30) EVERY POLICY WHICH PROVIDES MEDICAL, MAJOR  MEDICAL,  OR  SIMILAR
COMPREHENSIVE-TYPE  COVERAGE SHALL PERMIT BY CONTRACT, WRITTEN POLICY OR
WRITTEN PROCEDURE AN INSURED TO ASSIGN HIS  RIGHTS  UNDER  HIS  CONTRACT
WITH THE INSURER TO AN OUT-OF-PLAN HEALTH CARE PROVIDER. WHEN AN INSURED
ASSIGNS  HIS  RIGHT  TO  RECEIVE  REIMBURSEMENT  FOR MEDICALLY NECESSARY
HEALTH CARE SERVICES TO A HEALTH CARE PROVIDER, THE INSURER SHALL  REMIT
PAYMENT FOR THE REIMBURSEMENT DIRECTLY TO THE HEALTH CARE PROVIDER. WHEN
AN ASSIGNMENT HAS BEEN MADE, ANY PAYMENT SENT TO THE INSURED RATHER THAN
TO  THE  HEALTH CARE PROVIDER SHALL NOT SATISFY THE PLAN'S OBLIGATION OR
REQUIREMENTS UNDER SECTION THREE THOUSAND TWO HUNDRED  TWENTY-FOUR-A  OF
THIS ARTICLE AND IS SUBJECT TO INTEREST CHARGE PURSUANT TO SECTION THREE
THOUSAND TWO HUNDRED TWENTY-FOUR-A OF THIS ARTICLE.
  S  2.  Section  3221  of  the insurance law is amended by adding a new
subsection (s) to read as follows:
  (S) EVERY POLICY WHICH PROVIDES MEDICAL,  MAJOR  MEDICAL,  OR  SIMILAR
COMPREHENSIVE-TYPE  COVERAGE SHALL PERMIT BY CONTRACT, WRITTEN POLICY OR
WRITTEN PROCEDURE AN INSURED TO ASSIGN HIS  RIGHTS  UNDER  HIS  CONTRACT
WITH THE INSURER TO AN OUT-OF-PLAN HEALTH CARE PROVIDER. WHEN AN INSURED
ASSIGNS  HIS  RIGHT  TO  RECEIVE  REIMBURSEMENT  FOR MEDICALLY NECESSARY
HEALTH CARE SERVICES TO A HEALTH CARE PROVIDER, THE INSURER SHALL  REMIT
PAYMENT FOR THE REIMBURSEMENT DIRECTLY TO THE HEALTH CARE PROVIDER. WHEN
AN ASSIGNMENT HAS BEEN MADE, ANY PAYMENT SENT TO THE INSURED RATHER THAN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01207-01-3
              

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