S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10506
 
                           I N  A S S E M B L Y
 
                               May 22, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Gottfried)
   -- read once and referred to the Committee on Judiciary
 
 AN ACT to amend the public health law, the debtor and creditor law,  the
   civil  practice  law  and  rules and the insurance law, in relation to
   COVID-19 pandemic medical debt requirements
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 2828 to read as follows:
   § 2828. COVID-19 PANDEMIC MEDICAL DEBT REQUIREMENTS.  1.  DEFINITIONS.
 THE  FOLLOWING WORDS OR PHRASES, AS USED IN THIS SECTION, SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "COLLECTION ACTION" MEANS ANY OF THE FOLLOWING:
   (I) SELLING AN INDIVIDUAL'S DEBT TO ANOTHER PARTY, EXCEPT IF, PRIOR TO
 THE SALE, THE MEDICAL CREDITOR HAS ENTERED INTO A LEGALLY BINDING  WRIT-
 TEN AGREEMENT WITH THE MEDICAL DEBT BUYER OF THE DEBT PURSUANT TO WHICH:
   (1) THE MEDICAL DEBT BUYER OR COLLECTOR IS PROHIBITED FROM ENGAGING IN
 ANY  COLLECTION  ACTIONS,  AS  DEFINED HEREIN, TO OBTAIN PAYMENT FOR THE
 CARE;
   (2) THE MEDICAL DEBT BUYER IS PROHIBITED FROM CHARGING INTEREST ON THE
 DEBT IN EXCESS OF THAT DESCRIBED IN SUBDIVISION THREE OF THIS SECTION;
   (3) THE DEBT IS RETURNABLE TO OR RECALLABLE BY  THE  MEDICAL  CREDITOR
 UPON  A DETERMINATION BY THE MEDICAL CREDITOR OR MEDICAL DEBT BUYER THAT
 THE INDIVIDUAL IS ELIGIBLE FOR FINANCIAL ASSISTANCE; AND
   (4) IF THE INDIVIDUAL IS  DETERMINED  TO  BE  ELIGIBLE  FOR  FINANCIAL
 ASSISTANCE  AND  THE  DEBT IS NOT RETURNED TO OR RECALLED BY THE MEDICAL
 CREDITOR, THE MEDICAL DEBT BUYER IS REQUIRED  TO  ADHERE  TO  PROCEDURES
 WHICH  SHALL BE SPECIFIED IN THE AGREEMENT THAT ENSURE THAT THE INDIVID-
 UAL DOES NOT PAY, AND HAS NO OBLIGATION TO PAY, THE MEDICAL  DEBT  BUYER
 AND  THE  MEDICAL  CREDITOR  TOGETHER  MORE THAN HE OR SHE IS PERSONALLY
 RESPONSIBLE FOR PAYING IN COMPLIANCE WITH THIS SECTION.
   (II) REPORTING ADVERSE INFORMATION  ABOUT  A  PATIENT  TO  A  CONSUMER
 REPORTING AGENCY; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16368-07-0

 A. 10506                            2
 
   (III)  ACTIONS THAT REQUIRE A LEGAL OR JUDICIAL PROCESS, INCLUDING BUT
 NOT LIMITED TO:
   (1) PLACING OR EXECUTING A LIEN ON THE INDIVIDUAL'S PROPERTY;
   (2)  ATTACHING  OR  SEIZING  AN INDIVIDUAL'S BANK ACCOUNT OR ANY OTHER
 PERSONAL PROPERTY;
   (3) COMMENCING OR PROSECUTING A CIVIL ACTION AGAINST AN INDIVIDUAL;
   (4) GARNISHING AN INDIVIDUAL'S WAGES; OR
   (5) ANY OTHER INVOLUNTARY COLLECTION ACTIVITY.
   (B) "CONSUMER REPORTING AGENCY" HAS THE SAME MEANING AS SUCH  TERM  IS
 DEFINED IN SECTION THREE HUNDRED EIGHTY-A OF THE GENERAL BUSINESS LAW.
   (C)  "DECLARED  STATE  DISASTER  EMERGENCY" MEANS THE DECLARATION OF A
 STATE OF EMERGENCY PURSUANT TO ARTICLE TWO-B OF THE EXECUTIVE LAW.
   (D) "HEALTHCARE PROFESSIONAL" MEANS A  PERSON  LICENSED  OR  CERTIFIED
 PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW.
   (E)   "HEALTHCARE   SERVICES"   MEANS   SERVICES  FOR  THE  DIAGNOSIS,
 PREVENTION, TREATMENT, CURE OR RELIEF OF A PHYSICAL, DENTAL,  BEHAVIORAL
 SUBSTANCE  USE  DISORDER  OR MENTAL HEALTH CONDITION, ILLNESS, INJURY OR
 DISEASE. THESE SERVICES INCLUDE, BUT ARE NOT LIMITED TO, ANY PROCEDURES,
 PRODUCTS, DEVICES OR MEDICATIONS.
   (F) "HOSPITAL" MEANS ALL PROVIDERS LICENSED UNDER THIS ARTICLE.
   (G) "MEDICAL DEBT" MEANS A DEBT ARISING FROM THE RECEIPT OF HEALTHCARE
 SERVICES.
   (H) "MEDICAL DEBT BUYER" MEANS A PERSON OR ENTITY THAT IS  ENGAGED  IN
 THE BUSINESS OF PURCHASING MEDICAL DEBTS FOR COLLECTION PURPOSES, WHETH-
 ER  IT COLLECTS THE DEBT ITSELF OR HIRES A THIRD PARTY FOR COLLECTION OR
 AN ATTORNEY FOR LITIGATION IN ORDER TO COLLECT SUCH DEBT.
   (I) "MEDICAL DEBT COLLECTOR" MEANS ANY PERSON OR ENTITY THAT REGULARLY
 COLLECTS OR ATTEMPTS TO COLLECT, DIRECTLY OR INDIRECTLY,  MEDICAL  DEBTS
 ORIGINALLY  OWED  OR  DUE  OR  ASSERTED  TO BE OWED OR DUE TO ANOTHER. A
 MEDICAL DEBT BUYER IS CONSIDERED TO BE A MEDICAL DEBT COLLECTOR FOR  ALL
 PURPOSES.
   (J)  "PATIENT"  MEANS THE PERSON WHO RECEIVED HEALTHCARE SERVICES, AND
 FOR THE PURPOSES OF THIS SECTION SHALL INCLUDE: A PARENT IF THE  PATIENT
 IS  A MINOR; A LEGAL GUARDIAN IF THE PATIENT IS AN ADULT UNDER GUARDIAN-
 SHIP; AN AUTHORIZED REPRESENTATIVE; OR A GUARANTOR.
   (K) "PERIOD OF SUSPENSION" MEANS A PERIOD CONSISTING OF THE FIRST  DAY
 OF  A DECLARED STATE DISASTER EMERGENCY RELATED TO THE COVID-19 PANDEMIC
 AND UNTIL NO LESS THAN SIXTY DAYS AFTER A DECLARED STATE DISASTER  EMER-
 GENCY  RELATED  TO THE COVID-19 PANDEMIC IS NO LONGER IN EFFECT ANYWHERE
 IN THE STATE.
   2. INVOLUNTARY COLLECTION ACTIVITY. NO HOSPITAL OR HEALTHCARE  PROFES-
 SIONAL  SHALL  ENGAGE  IN  ANY  COLLECTION  ACTIONS DURING THE PERIOD OF
 SUSPENSION.
   3. NO ACCRUAL OF INTEREST. INTEREST SHALL NOT ACCRUE  ON  ANY  MEDICAL
 DEBT  DESCRIBED UNDER SUBDIVISION TWO FOR WHICH COLLECTION WAS SUSPENDED
 FOR THE PERIOD OF SUSPENSION.
   4. NOTICE. TO INFORM PATIENTS OF THE ACTIONS TAKEN IN ACCORDANCE  WITH
 THIS  SECTION  AND  ENSURE  AN  EFFECTIVE  TRANSITION, ALL HOSPITALS AND
 HEALTHCARE PROFESSIONALS SHALL:
   (A) NOT LATER THAN FIFTEEN DAYS  AFTER  THE  EFFECTIVE  DATE  OF  THIS
 SECTION, NOTIFY PATIENTS:
   (I) OF THE ACTIONS TAKEN IN ACCORDANCE WITH SUBDIVISIONS TWO AND THREE
 OF  THIS  SECTION  FOR WHOM COLLECTIONS HAVE BEEN SUSPENDED AND INTEREST
 WAIVED;
   (II) OF THE OPTION TO CONTINUE MAKING PAYMENTS TOWARD ANY AMOUNT  DUE;
 AND

 A. 10506                            3
 
   (III)  THAT  THE  PROGRAM  DESCRIBED  IN  THIS  SECTION IS A TEMPORARY
 PROGRAM.
   (B)  WITHIN FIFTEEN DAYS AFTER THE EXPIRATION OF THE PERIOD OF SUSPEN-
 SION, CARRY OUT A PROGRAM TO PROVIDE NO  FEWER  THAN  THREE  NOTICES  BY
 POSTAL  MAIL, TELEPHONE OR ELECTRONIC COMMUNICATION TO PATIENTS INDICAT-
 ING:
   (I) WHEN THE PATIENT'S NORMAL PAYMENT OBLIGATIONS WILL RESUME;
   (II) WITH RESPECT TO NOTICES SUBMITTED BY HOSPITALS, THAT THE  PATIENT
 MAY  BE  ELIGIBLE  TO ENROLL IN THE HOSPITAL'S FINANCIAL ASSISTANCE PLAN
 PURSUANT TO SECTION TWENTY-EIGHT HUNDRED SEVEN-K OF THIS ARTICLE; AND
   (III) WITH RESPECT TO NOTICES SUBMITTED BY  HEALTHCARE  PROFESSIONALS,
 THAT  THE  PATIENT  MAY  BE ELIGIBLE TO ENROLL IN A FINANCIAL ASSISTANCE
 PLAN, IF THE HEALTHCARE PROFESSIONAL HAS A FINANCIAL  ASSISTANCE  POLICY
 FOR HIS OR HER PATIENTS.
   5.  PROOF  OF  SUBMISSION  OF  CLAIM. WITH RESPECT TO PATIENTS WHO ARE
 UNINSURED ON THE DATE THAT THE TREATING HOSPITAL OR  HEALTHCARE  PROFES-
 SIONAL  RENDERS  TESTING  OR  TREATMENT  SERVICES  RELATED  TO COVID-19,
 INCLUDING, BUT NOT LIMITED TO, DIAGNOSTIC EVALUATIONS, TESTING OR  OTHER
 METHODS  TO  RULE  OUT  DISEASES  WITH  SIMILAR SYMPTOMS TO COVID-19, NO
 HOSPITAL OR HEALTHCARE PROFESSIONAL MAY ENGAGE IN ANY COLLECTION ACTIONS
 TO COLLECT PAYMENT FOR SUCH SERVICES, UNLESS THE  TREATING  HOSPITAL  OR
 HEALTHCARE  PROFESSIONAL  PRODUCES  A SWORN AFFIDAVIT THAT HE, SHE OR IT
 SUBMITTED A CLAIM FOR PAYMENT FOR SUCH SERVICES TO THE  FEDERAL  DEPART-
 MENT  OF HEALTH AND HUMAN SERVICES, HEALTH RESOURCES AND SERVICES ADMIN-
 ISTRATION (HRSA), IN ACCORDANCE WITH FEDERAL LAW, AND THAT  HRSA  DENIED
 THE CLAIM.
   6.  PRIVATE  RIGHT OF ACTION. EVERY VIOLATION OF THIS SECTION SHALL BE
 DEEMED A DECEPTIVE ACT AND PRACTICE SUBJECT TO ENFORCEMENT UNDER ARTICLE
 TWENTY-TWO-A OF THE GENERAL BUSINESS LAW. NOTHING IN THIS SECTION  SHALL
 BE  CONSTRUED  TO RESTRICT ANY RIGHT WHICH ANY PERSON MAY HAVE UNDER ANY
 OTHER STATUTE OR THE COMMON LAW.
   § 2. The debtor and creditor law is amended by adding  a  new  article
 10-B to read as follows:
                               ARTICLE 10-B
        TEMPORARY RELIEF FROM COLLECTION OF MEDICAL DEBT DURING THE
                             COVID-19 PANDEMIC
 SECTION 286. DEFINITIONS.
         287. REQUIREMENTS.
   § 286. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1. "COLLECTION ACTION" MEANS ANY OF THE FOLLOWING:
   (A) SELLING AN INDIVIDUAL'S DEBT TO ANOTHER PARTY, EXCEPT IF, PRIOR TO
 THE  SALE, THE MEDICAL CREDITOR HAS ENTERED INTO A LEGALLY BINDING WRIT-
 TEN AGREEMENT WITH THE MEDICAL DEBT BUYER OF THE DEBT PURSUANT TO WHICH:
   (I) THE MEDICAL DEBT BUYER OR COLLECTOR IS PROHIBITED FROM ENGAGING IN
 ANY COLLECTION ACTIONS, AS DEFINED HEREIN, TO  OBTAIN  PAYMENT  FOR  THE
 CARE;
   (II)  THE  MEDICAL  DEBT BUYER IS PROHIBITED FROM CHARGING INTEREST ON
 THE DEBT IN EXCESS OF THAT DESCRIBED IN THIS SECTION;
   (III) THE DEBT IS RETURNABLE TO OR RECALLABLE BY THE MEDICAL  CREDITOR
 UPON  A DETERMINATION BY THE MEDICAL CREDITOR OR MEDICAL DEBT BUYER THAT
 THE INDIVIDUAL IS ELIGIBLE FOR FINANCIAL ASSISTANCE; AND
   (IV) IF THE INDIVIDUAL IS DETERMINED  TO  BE  ELIGIBLE  FOR  FINANCIAL
 ASSISTANCE  AND  THE  DEBT IS NOT RETURNED TO OR RECALLED BY THE MEDICAL
 CREDITOR, THE MEDICAL DEBT BUYER IS REQUIRED  TO  ADHERE  TO  PROCEDURES
 WHICH  SHALL BE SPECIFIED IN THE AGREEMENT THAT ENSURE THAT THE INDIVID-

 A. 10506                            4
 
 UAL DOES NOT PAY, AND HAS NO OBLIGATION TO PAY, THE MEDICAL  DEBT  BUYER
 AND  THE  MEDICAL  CREDITOR  TOGETHER  MORE THAN HE OR SHE IS PERSONALLY
 RESPONSIBLE FOR PAYING IN COMPLIANCE WITH THIS SECTION.
   (B)  REPORTING  ADVERSE  INFORMATION  ABOUT  A  PATIENT  TO A CONSUMER
 REPORTING AGENCY; OR
   (C) ACTIONS THAT REQUIRE A LEGAL OR JUDICIAL  PROCESS,  INCLUDING  BUT
 NOT LIMITED TO:
   (I) PLACING OR EXECUTING A LIEN ON THE INDIVIDUAL'S PROPERTY;
   (II)  ATTACHING  OR  SEIZING AN INDIVIDUAL'S BANK ACCOUNT OR ANY OTHER
 PERSONAL PROPERTY;
   (III) COMMENCING OR PROSECUTING A CIVIL ACTION AGAINST AN INDIVIDUAL;
   (IV) GARNISHING AN INDIVIDUAL'S WAGES; OR
   (V) ANY OTHER INVOLUNTARY COLLECTION ACTIVITY.
   2. "CONSUMER REPORTING AGENCY" HAS THE SAME MEANING AS  SUCH  TERM  IS
 DEFINED IN SECTION THREE HUNDRED EIGHTY-A OF THE GENERAL BUSINESS LAW.
   3.  "DECLARED  STATE  DISASTER  EMERGENCY"  MEANS THE DECLARATION OF A
 STATE OF EMERGENCY PURSUANT TO ARTICLE TWO-B OF THE EXECUTIVE LAW.
   4. "HEALTHCARE PROFESSIONAL" MEANS  A  PERSON  LICENSED  OR  CERTIFIED
 PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW.
   5. "HEALTHCARE SERVICES" MEANS SERVICES FOR THE DIAGNOSIS, PREVENTION,
 TREATMENT,  CURE  OR  RELIEF OF A PHYSICAL, DENTAL, BEHAVIORAL SUBSTANCE
 USE DISORDER OR MENTAL HEALTH CONDITION,  ILLNESS,  INJURY  OR  DISEASE.
 THESE  SERVICES  INCLUDE,  BUT  ARE  NOT  LIMITED  TO,  ANY  PROCEDURES,
 PRODUCTS, DEVICES OR MEDICATIONS.
   6. "HOSPITAL" MEANS ALL HOSPITALS LICENSED UNDER ARTICLE  TWENTY-EIGHT
 OF THE PUBLIC HEALTH LAW.
   7.  "MEDICAL DEBT" MEANS A DEBT ARISING FROM THE RECEIPT OF HEALTHCARE
 SERVICES.
   8. "MEDICAL DEBT BUYER" MEANS A PERSON OR ENTITY THAT  IS  ENGAGED  IN
 THE BUSINESS OF PURCHASING MEDICAL DEBTS FOR COLLECTION PURPOSES, WHETH-
 ER  IT COLLECTS THE DEBT ITSELF OR HIRES A THIRD PARTY FOR COLLECTION OR
 AN ATTORNEY FOR LITIGATION IN ORDER TO COLLECT SUCH DEBT.
   9. "MEDICAL DEBT COLLECTOR" MEANS ANY PERSON OR ENTITY THAT  REGULARLY
 COLLECTS  OR  ATTEMPTS TO COLLECT, DIRECTLY OR INDIRECTLY, MEDICAL DEBTS
 ORIGINALLY OWED OR DUE OR ASSERTED TO BE  OWED  OR  DUE  TO  ANOTHER.  A
 MEDICAL  DEBT BUYER IS CONSIDERED TO BE A MEDICAL DEBT COLLECTOR FOR ALL
 PURPOSES.
   10. "PATIENT" MEANS THE PERSON WHO RECEIVED HEALTHCARE  SERVICES,  AND
 FOR  THE PURPOSES OF THIS ARTICLE SHALL INCLUDE: A PARENT IF THE PATIENT
 IS A MINOR; A LEGAL GUARDIAN IF THE PATIENT IS AN ADULT UNDER  GUARDIAN-
 SHIP; AN AUTHORIZED REPRESENTATIVE; OR A GUARANTOR.
   11.  "PERIOD OF SUSPENSION" MEANS A PERIOD CONSISTING OF THE FIRST DAY
 OF A DECLARED STATE DISASTER EMERGENCY RELATED TO THE COVID-19  PANDEMIC
 AND  UNTIL NO LESS THAN SIXTY DAYS AFTER A DECLARED STATE DISASTER EMER-
 GENCY RELATED TO THE COVID-19 PANDEMIC IS NO LONGER IN  EFFECT  ANYWHERE
 IN THE STATE.
   §  287.  REQUIREMENTS.  1. TEMPORARY RELIEF FROM COLLECTION OF MEDICAL
 DEBT. ALL MEDICAL DEBT BUYERS AND COLLECTORS SHALL SUSPEND ALL  PAYMENTS
 DUE FOR MEDICAL DEBT THROUGH THE PERIOD OF SUSPENSION.
   2.  NO  ACCRUAL  OF INTEREST. INTEREST SHALL NOT ACCRUE ON ANY MEDICAL
 DEBT DESCRIBED UNDER SUBDIVISION ONE OF THIS SECTION FOR  WHICH  PAYMENT
 WAS SUSPENDED FOR THE PERIOD OF SUSPENSION.
   3. INVOLUNTARY COLLECTION ACTIVITY. NO MEDICAL DEBT BUYER OR COLLECTOR
 SHALL ENGAGE IN ANY COLLECTION ACTIONS DURING THE PERIOD OF SUSPENSION.

 A. 10506                            5
 
   4.  NOTICE. TO INFORM PATIENTS OF THE ACTIONS TAKEN IN ACCORDANCE WITH
 THIS SECTION AND ENSURE AN EFFECTIVE TRANSITION, ALL MEDICAL DEBT BUYERS
 AND COLLECTORS SHALL:
   (A)  NOT  LATER  THAN  FIFTEEN  DAYS  AFTER THE EFFECTIVE DATE OF THIS
 SECTION, NOTIFY PATIENTS:
   (I) OF THE ACTIONS TAKEN IN ACCORDANCE WITH SUBDIVISIONS ONE  AND  TWO
 OF  THIS  SECTION  FOR  WHOM  PAYMENTS  HAVE BEEN SUSPENDED AND INTEREST
 WAIVED;
   (II) OF THE ACTIONS TAKEN IN ACCORDANCE WITH SUBDIVISION THREE OF THIS
 SECTION FOR WHOM COLLECTIONS HAVE BEEN SUSPENDED;
   (III) OF THE OPTION TO CONTINUE MAKING PAYMENTS TOWARD ANY AMOUNT DUE;
 AND
   (IV) THAT THE PROGRAM DESCRIBED UNDER  THIS  SECTION  IS  A  TEMPORARY
 PROGRAM.
   (B)  WITHIN FIFTEEN DAYS AFTER THE EXPIRATION OF THE PERIOD OF SUSPEN-
 SION, CARRY OUT A PROGRAM TO PROVIDE NO  FEWER  THAN  THREE  NOTICES  BY
 POSTAL  MAIL, TELEPHONE OR ELECTRONIC COMMUNICATION TO PATIENTS INDICAT-
 ING:
   (I) WHEN THE PATIENT'S NORMAL PAYMENT OBLIGATIONS WILL RESUME; AND
   (II) THAT THE PATIENT MAY BE ELIGIBLE TO ENROLL IN A FINANCIAL ASSIST-
 ANCE PLAN PURSUANT TO ANY APPLICABLE AND AVAILABLE FINANCIAL  ASSISTANCE
 POLICY OF EITHER THE MEDICAL DEBT BUYER OR COLLECTOR.
   5.  PROOF  OF  SUBMISSION  OF  CLAIM. WITH RESPECT TO PATIENTS WHO ARE
 UNINSURED ON THE DATE THAT THE TREATING HOSPITAL OR  HEALTHCARE  PROFES-
 SIONAL  RENDERS  TESTING  OR  TREATMENT  SERVICES  RELATED  TO COVID-19,
 INCLUDING, BUT NOT LIMITED TO, DIAGNOSTIC EVALUATIONS, TESTING OR  OTHER
 METHODS  TO  RULE  OUT  DISEASES  WITH  SIMILAR SYMPTOMS TO COVID-19, NO
 MEDICAL DEBT BUYER OR COLLECTOR MAY ENGAGE IN ANY COLLECTION ACTIONS  TO
 COLLECT  PAYMENT  FOR  SUCH  SERVICES,  UNLESS  THE TREATING HOSPITAL OR
 HEALTHCARE PROFESSIONAL PRODUCES A SWORN AFFIDAVIT THAT HE,  SHE  OR  IT
 SUBMITTED  A  CLAIM FOR PAYMENT FOR SUCH SERVICES TO THE FEDERAL DEPART-
 MENT OF HEALTH AND HUMAN SERVICES, HEALTH RESOURCES AND SERVICES  ADMIN-
 ISTRATION  (HRSA),  IN ACCORDANCE WITH FEDERAL LAW, AND THAT HRSA DENIED
 THE CLAIM.
   6. PRIVATE RIGHT OF ACTION. EVERY VIOLATION OF THIS SECTION  SHALL  BE
 DEEMED A DECEPTIVE ACT AND PRACTICE SUBJECT TO ENFORCEMENT UNDER ARTICLE
 TWENTY-TWO-A  OF THE GENERAL BUSINESS LAW. NOTHING IN THIS SECTION SHALL
 BE CONSTRUED TO RESTRICT ANY RIGHT WHICH ANY PERSON MAY HAVE  UNDER  ANY
 OTHER STATUTE OR THE COMMON LAW.
   §  3.  Section 5004 of the civil practice law and rules, as amended by
 chapter 258 of the laws of 1981, is amended to read as follows:
   § 5004. Rate of interest. Interest shall be at the rate  of  nine  per
 centum  per  annum, except where otherwise provided by statute, PROVIDED
 THAT THE ANNUAL RATE OF INTEREST TO BE PAID ON  A  JUDGMENT  OR  ACCRUED
 CLAIM  IN  AN  ACTION ARISING FROM A MEDICAL DEBT, AS DEFINED BY SECTION
 TWO THOUSAND EIGHT HUNDRED TWENTY-EIGHT OF THE PUBLIC HEALTH LAW,  WHERE
 THE  PURCHASER,  BORROWER OR DEBTOR IS THE DEFENDANT SHALL BE CALCULATED
 AT THE ONE-YEAR UNITED STATES TREASURY BILL RATE; AND  PROVIDED  FURTHER
 THAT  NO  INTEREST  SHALL  ACCRUE  ON  A JUDGMENT OR ACCRUED CLAIM IN AN
 ACTION ARISING FROM A MEDICAL DEBT WHILE THE  STATE  DISASTER  EMERGENCY
 ORDER RELATED TO THE COVID-19 PANDEMIC IS IN EFFECT. FOR THE PURPOSES OF
 THIS  SECTION, THE "ONE-YEAR UNITED STATES TREASURY BILL RATE" MEANS THE
 WEEKLY AVERAGE ONE-YEAR CONSTANT MATURITY TREASURY YIELD,  AS  PUBLISHED
 BY  THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, FOR THE CALEN-
 DAR WEEK PRECEDING THE DATE  OF  THE  ENTRY  OF  THE  JUDGMENT  AWARDING
 DAMAGES.

 A. 10506                            6

   § 4. The insurance law is amended by adding a new section 3244 to read
 as follows:
   §  3244.  EXTENSION  OF  PREMIUM  PAYMENT PERIODS; COVID-19. (A) DEFI-
 NITIONS. AS USED IN THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (1)  "CREDIT REPORTING AGENCY" MEANS A REPORTING AGENCY THAT REGULARLY
 ENGAGES IN THE PRACTICE OF ASSEMBLING OR EVALUATING AND MAINTAINING, FOR
 THE PURPOSE OF FURNISHING CREDIT REPORTS TO THIRD PARTIES BEARING  ON  A
 PERSON'S  CREDIT  WORTHINESS,  CREDIT  STANDING, OR CREDIT CAPACITY, AND
 CREDIT ACCOUNT INFORMATION FROM PERSONS  WHO  FURNISH  THAT  INFORMATION
 REGULARLY AND IN THE ORDINARY COURSE OF BUSINESS.
   (2)  "LATE  FEE"  MEANS  A  FEE  ASSOCIATED  WITH AN INSURANCE PREMIUM
 PAYMENT THAT IS MADE AT A TIME LATER THAN  THE  PREMIUM  DUE  DATE,  BUT
 PRIOR  TO  BOTH INSURANCE POLICY OR CONTRACT TERMINATION AND THE TIME IN
 WHICH AN INSURER,  HMO,  OR  STUDENT  HEALTH  PLAN  MAY  REJECT  PREMIUM
 PAYMENT.
   (3)  "MEDICAL  DEBT BUYER" MEANS A PERSON OR ENTITY THAT IS ENGAGED IN
 THE BUSINESS OF PURCHASING MEDICAL DEBTS FOR COLLECTION PURPOSES, WHETH-
 ER IT COLLECTS THE DEBT ITSELF OR HIRES A THIRD-PARTY FOR COLLECTION  OR
 AN ATTORNEY FOR LITIGATION IN ORDER TO COLLECT SUCH DEBT.
   (4) "MEDICAL DEBT COLLECTOR" MEANS ANY PERSON OR ENTITY THAT REGULARLY
 COLLECTS  OR  ATTEMPTS TO COLLECT, DIRECTLY OR INDIRECTLY, MEDICAL DEBTS
 ORIGINALLY OWED OR DUE OR ASSERTED TO BE  OWED  OR  DUE  TO  ANOTHER.  A
 MEDICAL  DEBT BUYER IS CONSIDERED TO BE A MEDICAL DEBT COLLECTOR FOR ALL
 PURPOSES.
   (5) "STUDENT HEALTH PLAN" HAS THE MEANING SET FORTH IN PARAGRAPH  FIVE
 OF  SUBSECTION  (A)  OF  SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF
 THIS CHAPTER.
   (6) "CHILD HEALTH PLUS" MEANS COVERAGE ISSUED PURSUANT TO SECTION  TWO
 THOUSAND FIVE HUNDRED ELEVEN OF THE PUBLIC HEALTH LAW.
   (7)  "HMO"  SHALL  MEAN A HEALTH MAINTENANCE ORGANIZATION OPERATING IN
 ACCORDANCE WITH THE PROVISIONS  OF  ARTICLE  FORTY-FOUR  OF  THE  PUBLIC
 HEALTH LAW OR ARTICLE FORTY-THREE OF THIS CHAPTER.
   (B)  EXTENSION OF PREMIUM PAYMENT PERIODS. EVERY ISSUER OF INDIVIDUAL,
 SMALL GROUP AND STUDENT BLANKET COMPREHENSIVE HEALTH INSURANCE  POLICIES
 SUBJECT  TO  THIS  ARTICLE, AS WELL AS ANY ISSUER OF A CHILD HEALTH PLUS
 POLICY WHERE THE POLICYHOLDER OR CONTRACT HOLDER PAYS THE ENTIRE  PREMI-
 UM, SHALL, SUBJECT TO CONSIDERATION BY THE SUPERINTENDENT OF THE LIQUID-
 ITY AND SOLVENCY OF THE APPLICABLE INSURER, HMO, OR STUDENT HEALTH PLAN,
 EXTEND  THE  PERIOD  FOR THE PAYMENT OF PREMIUMS FOR ANY POLICYHOLDER OR
 CONTRACT HOLDER WHO CAN DEMONSTRATE FINANCIAL HARDSHIP AS  A  RESULT  OF
 THE  COVID-19  PANDEMIC TO THE LATER OF THE EXPIRATION OF THE APPLICABLE
 CONTRACTUAL GRACE PERIOD AND THE DATE SIXTY DAYS AFTER A STATE  DISASTER
 EMERGENCY  IS  NO LONGER IN EFFECT WITH RESPECT TO THE COVID-19 PANDEMIC
 ANYWHERE IN THE STATE. SUCH AN INSURER, HMO,  AND  STUDENT  HEALTH  PLAN
 SHALL  BE  RESPONSIBLE  FOR THE PAYMENT OF CLAIMS DURING SUCH PERIOD AND
 MAY NOT RETROACTIVELY TERMINATE THE INSURANCE POLICY FOR NON-PAYMENT  OF
 THE PREMIUM DURING SUCH PERIOD.
   (C)  REQUIREMENTS.  WITH  REGARD  TO  AN  INDIVIDUAL,  SMALL GROUP, OR
 STUDENT BLANKET COMPREHENSIVE HEALTH INSURANCE POLICYHOLDER OR  CONTRACT
 HOLDER  WHO  DOES  NOT MAKE A TIMELY PREMIUM PAYMENT AND CAN DEMONSTRATE
 FINANCIAL HARDSHIP AS A RESULT OF THE COVID-19 PANDEMIC, THE  APPLICABLE
 INSURER, HMO, OR STUDENT HEALTH PLAN: (1) SHALL NOT IMPOSE ANY LATE FEES
 RELATING  TO SUCH PREMIUM PAYMENT; (2) SHALL NOT REPORT THE POLICYHOLDER
 OR CONTRACT HOLDER TO A CREDIT REPORTING AGENCY OR REFER THE POLICYHOLD-
 ER OR CONTRACT HOLDER TO A MEDICAL DEBT BUYER OR COLLECTOR WITH  RESPECT

 A. 10506                            7
 
 TO  SUCH  PREMIUM  PAYMENT; (3) SHALL PROVIDE INFORMATION TO THE POLICY-
 HOLDER OR CONTRACT HOLDER REGARDING ALTERNATE  POLICIES  AVAILABLE  FROM
 THE INSURER, HMO, OR STUDENT HEALTH PLAN AND PROVIDE CONTACT INFORMATION
 FOR  THE NY STATE OF HEALTH ESTABLISHED PURSUANT TO TITLE SEVEN OF ARTI-
 CLE TWO OF THE PUBLIC HEALTH LAW;  AND  (4)  SHALL  PROVIDE  INFORMATION
 REGARDING  HEALTH  INSURANCE AND MEDICAL DEBT CONSUMER ASSISTANCE AVAIL-
 ABLE FROM THE STATE DESIGNATED CONSUMER ASSISTANCE PROGRAM.
   (D) OTHER PROVISIONS. (1) SUBJECT TO CONSIDERATION BY THE  SUPERINTEN-
 DENT  OF  THE  LIQUIDITY AND SOLVENCY OF THE APPLICABLE INSURER, HMO, OR
 STUDENT HEALTH PLAN, THE INSURER,  HMO,  OR  STUDENT  HEALTH  PLAN  ALSO
 SHALL,  WITHIN  TEN  BUSINESS  DAYS FOLLOWING THE EFFECTIVE DATE OF THIS
 SECTION:
   (A) MAIL OR DELIVER, WHICH MAY INCLUDE ELECTRONIC MAIL, WRITTEN NOTICE
 TO EVERY INDIVIDUAL,  SMALL  GROUP,  OR  STUDENT  BLANKET  COMPREHENSIVE
 HEALTH  INSURANCE  POLICYHOLDER AND CONTRACT HOLDER OF THE PROVISIONS OF
 THIS SECTION AND A TOLL-FREE NUMBER THAT THE INDIVIDUAL, SMALL GROUP, OR
 STUDENT BLANKET COMPREHENSIVE HEALTH INSURANCE POLICYHOLDER OR  CONTRACT
 HOLDER MAY CALL TO DISCUSS BILLING AND MAKE ALTERNATIVE PAYMENT ARRANGE-
 MENTS; AND
   (B) NOTIFY INSURANCE PRODUCERS AND ANY THIRD-PARTY ADMINISTRATORS WITH
 WHOM  OR  WHICH  THE  INSURER  DOES  BUSINESS  OF THE PROVISIONS OF THIS
 SECTION.
   (2) A LICENSED INSURANCE PRODUCER WHO PROCURED THE  INDIVIDUAL,  SMALL
 GROUP,  OR STUDENT BLANKET COMPREHENSIVE HEALTH INSURANCE POLICY FOR THE
 POLICYHOLDER OR CONTRACT HOLDER SHALL MAIL OR DELIVER, WHICH MAY INCLUDE
 ELECTRONIC MAIL, NOTICE TO THE POLICYHOLDER OR CONTRACT  HOLDER  OF  THE
 PROVISIONS OF THIS SECTION WITHIN TEN BUSINESS DAYS FOLLOWING THE EFFEC-
 TIVE DATE OF THIS SECTION.
   (3)  SOLELY  FOR  THE  PURPOSES  OF  THIS SECTION, AN INSURER, HMO, OR
 STUDENT HEALTH PLAN SHALL ACCEPT A WRITTEN ATTESTATION FROM AN  INDIVID-
 UAL,  SMALL  GROUP,  OR  STUDENT  BLANKET  COMPREHENSIVE POLICYHOLDER OR
 CONTRACT HOLDER AS PROOF OF  FINANCIAL  HARDSHIP  AS  A  RESULT  OF  THE
 COVID-19 PANDEMIC.
   (4) NOTHING IN THIS SECTION SHALL PROHIBIT AN INDIVIDUAL, SMALL GROUP,
 OR  STUDENT  BLANKET  COMPREHENSIVE  HEALTH  INSURANCE  POLICYHOLDER  OR
 CONTRACT HOLDER FROM VOLUNTARILY CANCELLING A HEALTH INSURANCE POLICY.
   (5) THE PERIOD TO PAY INSURANCE PREMIUMS SET  FORTH  IN  THIS  SECTION
 SHALL NOT CONSTITUTE A WAIVER OR FORGIVENESS OF THE PREMIUM.
   (6)  THE  PERIOD  SET  FORTH IN SUBSECTION (B) OF THIS SECTION APPLIES
 ONLY TO TERMINATIONS ATTRIBUTED TO A FAILURE  BY  AN  INDIVIDUAL,  SMALL
 GROUP, OR STUDENT BLANKET COMPREHENSIVE HEALTH INSURANCE POLICYHOLDER OR
 CONTRACT  HOLDER TO PAY PREMIUMS DURING SUCH PERIOD. IF AN INSURER, HMO,
 OR STUDENT HEALTH PLAN TERMINATES A POLICY FOR ANY OTHER REASON  PERMIT-
 TED  BY  LAW, THE INSURER, HMO, OR STUDENT HEALTH PLAN SHALL COMPLY WITH
 STATUTORY NOTICE REQUIREMENTS.
   § 5. The insurance law is amended by adding a new section 4331 to read
 as follows:
   § 4331. EXTENSION OF PREMIUM  PAYMENT  PERIODS;  COVID-19.  (A)  DEFI-
 NITIONS.    AS  USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (1) "CREDIT REPORTING AGENCY" MEANS A REPORTING AGENCY THAT  REGULARLY
 ENGAGES IN THE PRACTICE OF ASSEMBLING OR EVALUATING AND MAINTAINING, FOR
 THE  PURPOSE  OF FURNISHING CREDIT REPORTS TO THIRD PARTIES BEARING ON A
 PERSON'S CREDIT WORTHINESS, CREDIT STANDING,  OR  CREDIT  CAPACITY,  AND
 CREDIT  ACCOUNT  INFORMATION  FROM  PERSONS WHO FURNISH THAT INFORMATION
 REGULARLY AND IN THE ORDINARY COURSE OF BUSINESS.

 A. 10506                            8
 
   (2) "LATE FEE" MEANS  A  FEE  ASSOCIATED  WITH  AN  INSURANCE  PREMIUM
 PAYMENT  THAT  IS  MADE  AT  A TIME LATER THAN THE PREMIUM DUE DATE, BUT
 PRIOR TO BOTH INSURANCE POLICY OR CONTRACT TERMINATION AND THE  TIME  IN
 WHICH  AN  INSURER,  HMO,  OR  STUDENT  HEALTH  PLAN  MAY REJECT PREMIUM
 PAYMENT.
   (3)  "MEDICAL  DEBT BUYER" MEANS A PERSON OR ENTITY THAT IS ENGAGED IN
 THE BUSINESS OF PURCHASING MEDICAL DEBTS FOR COLLECTION PURPOSES, WHETH-
 ER IT COLLECTS THE DEBT ITSELF OR HIRES A THIRD-PARTY FOR COLLECTION  OR
 AN ATTORNEY FOR LITIGATION IN ORDER TO COLLECT SUCH DEBT.
   (4) "MEDICAL DEBT COLLECTOR" MEANS ANY PERSON OR ENTITY THAT REGULARLY
 COLLECTS  OR  ATTEMPTS TO COLLECT, DIRECTLY OR INDIRECTLY, MEDICAL DEBTS
 ORIGINALLY OWED OR DUE OR ASSERTED TO BE  OWED  OR  DUE  TO  ANOTHER.  A
 MEDICAL  DEBT BUYER IS CONSIDERED TO BE A MEDICAL DEBT COLLECTOR FOR ALL
 PURPOSES.
   (5) "STUDENT HEALTH PLAN" HAS THE MEANING SET FORTH IN PARAGRAPH  FIVE
 OF  SUBSECTION  (A)  OF  SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF
 THIS CHAPTER.
   (6) "CHILD HEALTH PLUS" MEANS COVERAGE ISSUED PURSUANT TO SECTION  TWO
 THOUSAND FIVE HUNDRED ELEVEN OF THE PUBLIC HEALTH LAW.
   (7)  "HMO"  SHALL  MEAN A HEALTH MAINTENANCE ORGANIZATION OPERATING IN
 ACCORDANCE WITH THE PROVISIONS  OF  ARTICLE  FORTY-FOUR  OF  THE  PUBLIC
 HEALTH LAW OR THIS ARTICLE.
   (B) EXTENSION OF PREMIUM PAYMENT PERIODS. EVERY MEDICAL EXPENSE INDEM-
 NITY  CORPORATION,  HMO,  HOSPITAL SERVICE CORPORATION OR HEALTH SERVICE
 CORPORATION SUBJECT TO THIS ARTICLE WHICH ISSUES DIRECT PAY, SMALL GROUP
 OR STUDENT BLANKET COMPREHENSIVE CONTRACTS, AS WELL  AS  ANY  ISSUER  OF
 CHILD HEALTH PLUS COVERAGE WHERE THE SUBSCRIBER PAYS THE ENTIRE PREMIUM,
 SUBJECT  TO  CONSIDERATION  BY  THE  SUPERINTENDENT OF THE LIQUIDITY AND
 SOLVENCY OF THE APPLICABLE MEDICAL EXPENSE INDEMNITY  CORPORATION,  HMO,
 HOSPITAL SERVICE CORPORATION OR HEALTH SERVICE CORPORATION, SHALL EXTEND
 THE  PERIOD FOR THE PAYMENT OF PREMIUMS FOR ANY POLICYHOLDER OR CONTRACT
 HOLDER WHO CAN DEMONSTRATE FINANCIAL HARDSHIP AS A RESULT OF THE  COVID-
 19 PANDEMIC TO THE LATER OF THE EXPIRATION OF THE APPLICABLE CONTRACTUAL
 GRACE PERIOD AND THE DATE SIXTY DAYS AFTER A STATE DISASTER EMERGENCY IS
 NO  LONGER  IN  EFFECT WITH RESPECT TO THE COVID-19 PANDEMIC ANYWHERE IN
 THE STATE.  SUCH A MEDICAL EXPENSE INDEMNITY CORPORATION, HMO,  HOSPITAL
 SERVICE  CORPORATION  OR HEALTH SERVICE CORPORATION SHALL BE RESPONSIBLE
 FOR THE PAYMENT OF CLAIMS DURING SUCH PERIOD AND MAY  NOT  RETROACTIVELY
 TERMINATE  THE CONTRACT FOR NON-PAYMENT OF THE PREMIUM DURING SUCH PERI-
 OD.
   (C) REQUIREMENTS. WITH REGARD TO A DIRECT PAY, SMALL GROUP, OR STUDENT
 BLANKET COMPREHENSIVE HEALTH INSURANCE CONTRACT HOLDER WHO DOES NOT MAKE
 A TIMELY PREMIUM PAYMENT AND CAN DEMONSTRATE  FINANCIAL  HARDSHIP  AS  A
 RESULT  OF  THE COVID-19 PANDEMIC, THE APPLICABLE MEDICAL EXPENSE INDEM-
 NITY CORPORATION, HMO, HOSPITAL SERVICE CORPORATION  OR  HEALTH  SERVICE
 CORPORATION: (1) SHALL NOT IMPOSE ANY LATE FEES RELATING TO SUCH PREMIUM
 PAYMENT;  (2) SHALL NOT REPORT THE CONTRACT HOLDER TO A CREDIT REPORTING
 AGENCY OR REFER THE CONTRACT HOLDER TO A MEDICAL DEBT BUYER OR COLLECTOR
 WITH RESPECT TO SUCH PREMIUM PAYMENT; (3) SHALL PROVIDE  INFORMATION  TO
 THE  CONTRACT  HOLDER  REGARDING  ALTERNATE  POLICIES AVAILABLE FROM THE
 MEDICAL EXPENSE INDEMNITY CORPORATION, HOSPITAL SERVICE  CORPORATION  OR
 HEALTH  SERVICE CORPORATION; AND (4) SHALL PROVIDE INFORMATION REGARDING
 HEALTH INSURANCE AND MEDICAL DEBT CONSUMER ASSISTANCE AVAILABLE FROM THE
 STATE DESIGNATED CONSUMER ASSISTANCE PROGRAM.
   (D) OTHER PROVISIONS. (1) SUBJECT TO CONSIDERATION BY THE  SUPERINTEN-
 DENT  OF  THE  LIQUIDITY  AND SOLVENCY OF THE APPLICABLE MEDICAL EXPENSE

 A. 10506                            9
 
 INDEMNITY CORPORATION,  HMO,  HOSPITAL  SERVICE  CORPORATION  OR  HEALTH
 SERVICE  CORPORATION,  MEDICAL  EXPENSE  INDEMNITY CORPORATION, HOSPITAL
 SERVICE CORPORATION OR HEALTH SERVICE CORPORATION ALSO SHALL, WITHIN TEN
 BUSINESS DAYS FOLLOWING THE EFFECTIVE DATE OF THIS SECTION:
   (A) MAIL OR DELIVER, WHICH MAY INCLUDE ELECTRONIC MAIL, WRITTEN NOTICE
 TO  EVERY  DIRECT  PAY,  SMALL  GROUP,  OR STUDENT BLANKET COMPREHENSIVE
 HEALTH INSURANCE CONTRACT HOLDER OF THE PROVISIONS OF THIS SECTION AND A
 TOLL-FREE NUMBER THAT THE DIRECT PAY SMALL  GROUP,  OR  STUDENT  BLANKET
 COMPREHENSIVE  HEALTH  CONTRACT  HOLDER  MAY CALL TO DISCUSS BILLING AND
 MAKE ALTERNATIVE PAYMENT ARRANGEMENTS;
   (B) NOTIFY INSURANCE PRODUCERS AND ANY THIRD-PARTY ADMINISTRATORS WITH
 WHOM OR WHICH THE MEDICAL EXPENSE INDEMNITY CORPORATION,  HMO,  HOSPITAL
 SERVICE  CORPORATION  OR HEALTH SERVICE CORPORATION DOES BUSINESS OF THE
 PROVISIONS OF THIS SECTION.
   (2) A LICENSED INSURANCE PRODUCER WHO PROCURED THE DIRECT  PAY,  SMALL
 GROUP, OR STUDENT BLANKET COMPREHENSIVE CONTRACT FOR THE CONTRACT HOLDER
 SHALL  MAIL OR DELIVER, WHICH MAY INCLUDE ELECTRONIC MAIL, NOTICE TO THE
 CONTRACT HOLDER OF THE PROVISIONS OF THIS SECTION  WITHIN  TEN  BUSINESS
 DAYS FOLLOWING THE EFFECTIVE DATE OF THIS SECTION.
   (3)  SOLELY FOR THE PURPOSES OF THIS SECTION, A MEDICAL EXPENSE INDEM-
 NITY CORPORATION, HMO, HOSPITAL SERVICE CORPORATION  OR  HEALTH  SERVICE
 CORPORATION  SHALL ACCEPT A WRITTEN ATTESTATION FROM A DIRECT PAY, SMALL
 GROUP, OR STUDENT BLANKET COMPREHENSIVE  CONTRACT  HOLDER  AS  PROOF  OF
 FINANCIAL HARDSHIP AS A RESULT OF THE COVID-19 PANDEMIC.
   (4)  NOTHING IN THIS SECTION SHALL PROHIBIT A DIRECT PAY, SMALL GROUP,
 OR  STUDENT  BLANKET  COMPREHENSIVE  CONTRACT  HOLDER  FROM  VOLUNTARILY
 CANCELLING A CONTRACT.
   (5)  THE  PERIOD  TO  PAY PREMIUMS SET FORTH IN THIS SECTION SHALL NOT
 CONSTITUTE A WAIVER OR FORGIVENESS OF THE PREMIUM.
   (6) THE PERIOD SET FORTH IN SUBSECTION (B)  OF  THIS  SECTION  APPLIES
 ONLY  TO  TERMINATIONS  ATTRIBUTED  TO  A FAILURE BY A DIRECT PAY, SMALL
 GROUP, OR STUDENT BLANKET COMPREHENSIVE CONTRACT HOLDER TO PAY  PREMIUMS
 DURING SUCH PERIOD. IF A MEDICAL EXPENSE INDEMNITY CORPORATION, HOSPITAL
 SERVICE  CORPORATION  OR  HEALTH SERVICE CORPORATION TERMINATES A POLICY
 FOR ANY OTHER REASON PERMITTED  BY  LAW,  THE  INSURER  MEDICAL  EXPENSE
 INDEMNITY  CORPORATION,  HOSPITAL  SERVICE CORPORATION OR HEALTH SERVICE
 CORPORATION SHALL COMPLY WITH STATUTORY NOTICE REQUIREMENTS.
   § 6. This act shall take effect immediately.