senate Bill S3546

2013-2014 Legislative Session

Relates to providing for the use of treatment guidelines in the no-fault system

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Archive: Last Bill Status - In Senate Committee


  • 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 08, 2014 referred to insurance
Feb 05, 2013 referred to insurance

S3546 - Details

Law Section:
Insurance Law
Laws Affected:
Amd ยงยง5108 & 5106, Ins L
Versions Introduced in 2011-2012 Legislative Session:
S6706

S3546 - Summary

Relates to providing for the use of treatment guidelines in the no-fault system; prohibits insurers from paying any charge which exceeds the applicable fee schedule or which is not provided for under the fee schedule or compensable under Medicare.

S3546 - Sponsor Memo

S3546 - Bill Text download pdf

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

                                  3546

                       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 providing for the  use
  of  treatment guidelines under the comprehensive motor vehicle repara-
  tions act

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

  Section  1.    Section 5108 of the insurance law is amended to read as
follows:
  S 5108. Limit on charges by providers  of  health  services.  (a)  The
charges  for  services  specified  in paragraph one of subsection (a) of
section five thousand one hundred two of this article  and  any  further
health  service charges which are incurred as a result of the injury and
which are in excess of basic economic loss, shall not exceed the charges
permissible under the schedules prepared and established by the chairman
of the workers' compensation  board  for  industrial  accidents,  except
where  the  insurer  or arbitrator determines that unusual procedures or
unique circumstances justify the excess charge, AND SHALL BE SUBJECT  TO
THE  TREATMENT GUIDELINES ESTABLISHED PURSUANT TO SUBSECTION (D) OF THIS
SECTION.  AT NO TIME SHALL AN INSURER PAY ANY CHARGE  THAT  EXCEEDS  THE
CHARGES  PERMISSIBLE  UNDER THE SCHEDULE PREPARED AND ESTABLISHED BY THE
CHAIR OF THE WORKERS' COMPENSATION BOARD.
  (b) The superintendent, after consulting  with  the  chairman  of  the
workers'  compensation  board  and  the  commissioner  of  health, shall
promulgate rules  and  regulations  implementing  and  coordinating  the
provisions  of  this  article  and  the  workers'  compensation law with
respect to charges for the professional  health  services  specified  in
paragraph one of subsection (a) of section five thousand one hundred two
of  this  article, including the establishment of schedules for all such
services for which schedules have not been prepared and  established  by
the  chairman  of  the  workers'  compensation board, INCLUDING, BUT NOT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08136-01-3

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