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Assembly Bill A265

2019-2020 Legislative Session

Relates to limits on charges by providers of health services

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Archive: Last Bill Status - In Assembly Committee

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2019-A265 (ACTIVE) - Details

Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §5108, Ins L
Versions Introduced in Other Legislative Sessions:
2015-2016: A8101
2017-2018: A33
2021-2022: A1185

2019-A265 (ACTIVE) - Summary

Relates to limits on charges by providers of health services; provides for the superintendent of financial services to set limits for no-fault claims.

2019-A265 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    265
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by M. of A. CAHILL -- read once and referred to the Committee
   on Insurance
 
 AN  ACT  to amend the insurance law, in relation to limits on charges by
   providers of health services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subsections  (a) and (b) of section 5108 of the insurance
 law are amended to read as follows:
   (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]  SCHEDULE  prepared  and
 established  by  the  [chairman  of  the workers' compensation board for
 industrial accidents] SUPERINTENDENT PURSUANT TO SUBSECTION (B) OF  THIS
 SECTION,  except where the insurer or arbitrator determines that unusual
 procedures or unique circumstances justify the excess charge.
   (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]. IN ESTABLISHING SUCH
 SCHEDULES THE SUPERINTENDENT SHALL ENSURE  THAT  PROVIDER  REIMBURSEMENT
 RATES  ACCURATELY  REFLECT  THE  TREATMENT  NEEDS  OF NO-FAULT CLAIMANTS
 INCLUDING THE ESTABLISHMENT OF RATES SUFFICIENT TO  REIMBURSE  SPECIALTY
 PROVIDERS WHO TREAT NO-FAULT CLAIMANTS.
   § 2. This act shall take effect immediately.

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