senate Bill S4241

2017-2018 Legislative Session

Relates to establishing protections from excessive hospital emergency charges

download bill text pdf

Sponsored By

Current Bill Status - In Senate Rules 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 (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2018 committed to rules
Jun 04, 2018 amended on third reading 4241c
May 09, 2018 amended on third reading 4241b
Mar 28, 2018 advanced to third reading
Mar 27, 2018 2nd report cal.
Mar 26, 2018 1st report cal.728
Jan 03, 2018 referred to insurance
Jun 21, 2017 committed to rules
Jun 12, 2017 amended on third reading 4241a
May 24, 2017 advanced to third reading
May 23, 2017 2nd report cal.
May 22, 2017 1st report cal.1078
Feb 06, 2017 referred to insurance

Votes

view votes

Mar 26, 2018 - Insurance committee Vote

S4241A
2
3
committee
2
Aye
3
Nay
12
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show committee vote details

Committee Vote: Mar 26, 2018

aye (2)
excused (2)

May 22, 2017 - Insurance committee Vote

S4241
15
0
committee
15
Aye
0
Nay
3
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Insurance committee vote details

Insurance Committee Vote: May 22, 2017

aye wr (3)
excused (1)

S4241 - Details

See Assembly Version of this Bill:
A7611
Law Section:
Financial Services Law
Laws Affected:
Amd §§605 & 608, Fin Serv L
Versions Introduced in 2015-2016 Legislative Session:
S7868, A10470

S4241 - Summary

Relates to establishing protections from excessive hospital emergency charges; includes hospital charges.

S4241 - Sponsor Memo

S4241 - Bill Text download pdf

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

                                  4241

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            February 6, 2017
                               ___________

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 financial services law, in relation to  establishing
  protections from excessive hospital emergency charges

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

  Section 1. Section 605 of the financial  services  law,  as  added  by
section  26  of  part H of chapter 60 of the laws of 2014, is amended to
read as follows:
  S 605.  Dispute  resolution  for  emergency  services.  (a)  Emergency
services for an insured. (1) When a health care plan receives a bill for
emergency  services  from a non-participating physician OR HOSPITAL, the
health care plan shall pay an amount that it  determines  is  reasonable
for  the  emergency services rendered by the non-participating physician
OR HOSPITAL, in accordance with section three thousand two hundred twen-
ty-four-a of the insurance law, except  for  the  insured's  co-payment,
coinsurance  or  deductible,  if  any, and shall ensure that the insured
shall incur no greater out-of-pocket costs for  the  emergency  services
than  the  insured would have incurred with a participating physician OR
HOSPITAL pursuant to  subsection  (c)  of  section  three  thousand  two
hundred forty-one of the insurance law.
  (2)  A  non-participating  physician OR HOSPITAL or a health care plan
may submit a dispute regarding a fee or payment for  emergency  services
for review to an independent dispute resolution entity. IN CASES WHERE A
HEALTH  CARE  PLAN  SUBMITS  A  DISPUTE REGARDING A FEE FOR PAYMENT OF A
NON-PARTICIPATING HOSPITAL'S EMERGENCY ROOM SERVICES,  THE  HEALTH  CARE
PLAN  SHALL  PAY  THE AMOUNT IT DETERMINES IS REASONABLY DIRECTLY TO THE
NON-PARTICIPATING HOSPITAL.
  (3) The independent dispute resolution entity shall  make  a  determi-
nation within thirty days of receipt of the dispute for review.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09770-01-7

Co-Sponsors

S4241A - Details

See Assembly Version of this Bill:
A7611
Law Section:
Financial Services Law
Laws Affected:
Amd §§605 & 608, Fin Serv L
Versions Introduced in 2015-2016 Legislative Session:
S7868, A10470

S4241A - Summary

Relates to establishing protections from excessive hospital emergency charges; includes hospital charges.

S4241A - Sponsor Memo

S4241A - Bill Text download pdf

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

                                 4241--A
    Cal. No. 1078

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            February 6, 2017
                               ___________

Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
  printed to be committed to the  Committee  on  Insurance  --  reported
  favorably  from  said  committee,  ordered to first and second report,
  ordered to a third reading, amended and ordered  reprinted,  retaining
  its place in the order of third reading

AN  ACT to amend the financial services law, in relation to establishing
  protections from excessive hospital emergency charges

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

  Section  1.  Section  605  of  the financial services law, as added by
section 26 of part H of chapter 60 of the laws of 2014,  is  amended  to
read as follows:
  S  605.  Dispute  resolution  for  emergency  services.  (a) Emergency
services for an insured. (1) When a health care plan receives a bill for
emergency services from a non-participating physician OR  HOSPITAL,  the
health  care  plan  shall pay an amount that it determines is reasonable
for the emergency services rendered by the  non-participating  physician
OR HOSPITAL, in accordance with section three thousand two hundred twen-
ty-four-a  of  the  insurance  law, except for the insured's co-payment,
coinsurance or deductible, if any, and shall  ensure  that  the  insured
shall  incur  no  greater out-of-pocket costs for the emergency services
than the insured would have incurred with a participating  physician  OR
HOSPITAL  pursuant  to  subsection  (c)  of  section  three thousand two
hundred forty-one of the insurance law.
  (2) A non-participating physician OR HOSPITAL or a  health  care  plan
may  submit  a dispute regarding a fee or payment for emergency services
for review to an independent dispute resolution entity.  IN CASES  WHERE
A  HEALTH  CARE  PLAN SUBMITS A DISPUTE REGARDING A FEE FOR PAYMENT OF A
NON-PARTICIPATING PHYSICIAN OR HOSPITAL'S EMERGENCY SERVICES, THE HEALTH
CARE PLAN SHALL, AFTER THE INITIAL PAYMENT, PAY ANY  ADDITIONAL  AMOUNTS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09770-04-7

Co-Sponsors

S4241B - Details

See Assembly Version of this Bill:
A7611
Law Section:
Financial Services Law
Laws Affected:
Amd §§605 & 608, Fin Serv L
Versions Introduced in 2015-2016 Legislative Session:
S7868, A10470

S4241B - Summary

Relates to establishing protections from excessive hospital emergency charges; includes hospital charges.

S4241B - Sponsor Memo

S4241B - Bill Text download pdf

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

                                 4241--B
    Cal. No. 728

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            February 6, 2017
                               ___________

Introduced  by  Sens. SEWARD, AMEDORE, KRUEGER, LARKIN -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Insurance  -- reported favorably from said committee, ordered to first
  and second report, ordered to a third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading -- recom-
  mitted to the Committee on Insurance in accordance with Senate Rule 6,
  sec. 8 -- reported favorably from said committee, ordered to first and
  second  report,  ordered  to  a  third  reading,  amended  and ordered
  reprinted, retaining its place in the order of third reading

AN ACT to amend the financial services law, in relation to  establishing
  protections from excessive hospital emergency charges

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

  Section 1. Section 605 of the financial  services  law,  as  added  by
section  26  of  part H of chapter 60 of the laws of 2014, is amended to
read as follows:
  S 605.  Dispute  resolution  for  emergency  services.  (a)  Emergency
services for an insured. (1) When a health care plan receives a bill for
emergency  services  from a non-participating physician OR HOSPITAL, the
health care plan shall pay an amount that it  determines  is  reasonable
for  the  emergency services rendered by the non-participating physician
OR HOSPITAL, in accordance with section three thousand two hundred twen-
ty-four-a of the insurance law, except  for  the  insured's  co-payment,
coinsurance  or  deductible,  if  any, and shall ensure that the insured
shall incur no greater out-of-pocket costs for  the  emergency  services
than  the  insured would have incurred with a participating physician OR
HOSPITAL pursuant to  subsection  (c)  of  section  three  thousand  two
hundred forty-one of the insurance law.
  (2)  A  non-participating  physician OR HOSPITAL or a health care plan
may submit a dispute regarding a fee or payment for  emergency  services
for  review to an independent dispute resolution entity.  IN CASES WHERE

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

Co-Sponsors

S4241C (ACTIVE) - Details

See Assembly Version of this Bill:
A7611
Law Section:
Financial Services Law
Laws Affected:
Amd §§605 & 608, Fin Serv L
Versions Introduced in 2015-2016 Legislative Session:
S7868, A10470

S4241C (ACTIVE) - Summary

Relates to establishing protections from excessive hospital emergency charges; includes hospital charges.

S4241C (ACTIVE) - Sponsor Memo

S4241C (ACTIVE) - Bill Text download pdf

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

                                 4241--C
    Cal. No. 728

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            February 6, 2017
                               ___________

Introduced  by  Sens. SEWARD, AMEDORE, KRUEGER, LARKIN -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Insurance  -- reported favorably from said committee, ordered to first
  and second report, ordered to a third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading -- recom-
  mitted to the Committee on Insurance in accordance with Senate Rule 6,
  sec. 8 -- reported favorably from said committee, ordered to first and
  second  report,  ordered  to  a  third  reading,  amended  and ordered
  reprinted, retaining its place in the order of third reading --  again
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

AN ACT to amend the financial services law, in relation to  establishing
  protections from excessive hospital emergency charges

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

  Section 1. Section 605 of the financial  services  law,  as  added  by
section  26  of  part H of chapter 60 of the laws of 2014, is amended to
read as follows:
  S 605.  Dispute  resolution  for  emergency  services.  (a)  Emergency
services for an insured. (1) When a health care plan receives a bill for
emergency  services  from a non-participating physician OR HOSPITAL, the
health care plan shall pay an amount that it  determines  is  reasonable
for  the  emergency services rendered by the non-participating physician
OR HOSPITAL, in accordance with section three thousand two hundred twen-
ty-four-a of the insurance law, except  for  the  insured's  co-payment,
coinsurance  or  deductible,  if  any, and shall ensure that the insured
shall incur no greater out-of-pocket costs for  the  emergency  services
than  the  insured would have incurred with a participating physician OR
HOSPITAL pursuant to  subsection  (c)  of  section  three  thousand  two
hundred forty-one of the insurance law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09770-09-8

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