|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to insurance|
|Feb 05, 2013||referred to insurance|
senate Bill S3540
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3540 - Details
- Law Section:
- Insurance Law
- Laws Affected:
- Amd §5102, add §5110, Ins L
- Versions Introduced in 2011-2012 Legislative Session:
S3540 - Sponsor Memo
BILL NUMBER:S3540 TITLE OF BILL: An act to amend the insurance law, in relation to cover- age for certain benefits under comprehensive motor vehicle insurance PURPOSE: The purpose of this legislation is to eliminate the assignment of benefits for durable medical equipment in the no-fault system SUMMARY OF PROVISIONS: Section 1 adds a new subsection (n) to section 5102 of the insurance law to define "health service provider." Section 2 adds a new section 5110 to the insurance law to prohibit the assignment of benefits for durable medical equipment to a health service provider unless the health service provider has been approved by the National Supplier Clearinghouse as an authorized Medicare supplier of durable medical equipment, prosthetics, orthotics and supplies Durable equipment includes, but is not limited to, durable medical equipment and supplies, medical/surgical supplies, orthopedic footwear and orthotic and prosthetic appliances. JUSTIFICATION: In recent years an increasing portion of the no-fault fraud has been observed in the area of durable medical equipment (DME). In many instances the DME wholesaler is involved in the scam and the provider is committing fraud in conjunction with the medical supply companies Many of these DME frauds occur in the following manner.
S3540 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3540 2013-2014 Regular Sessions I N S E N A T E February 5, 2013 ___________ Introduced by Sen. SEWARD -- 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 coverage for certain benefits under comprehensive motor vehicle insurance 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 OR DURABLE MEDICAL EQUIPMENT SUPPLIER THAT SUBMITS A BILL FOR PAYMENT UNDER BENE- FITS 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 OR EQUIPMENT; (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. The insurance law is amended by adding a new section 5110 to read as follows: S 5110. CHARGES FOR DURABLE MEDICAL EQUIPMENT. (A) A COVERED PERSON SHALL NOT ASSIGN CLAIMS FOR MEDICAL EXPENSES UNDER THIS ARTICLE TO A HEALTH SERVICE PROVIDER FOR DURABLE MEDICAL EQUIPMENT UNLESS THE HEALTH SERVICE PROVIDER HAS BEEN APPROVED BY THE NATIONAL SUPPLIER CLEARING- HOUSE AS AN AUTHORIZED MEDICARE SUPPLIER OF DURABLE MEDICAL EQUIPMENT, PROSTHETICS, ORTHOTICS AND SUPPLIES. FOR PURPOSES OF THIS SECTION, DURABLE MEDICAL EQUIPMENT INCLUDES, BUT IS NOT LIMITED TO, DURABLE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08138-01-3
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