senate Bill S3171A

2019-2020 Legislative Session

Relates to establishing protections from excessive hospital emergency charges

download bill text pdf

Sponsored By

Current Bill Status Via A264 - Passed Senate & Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2019 returned to assembly
passed senate
3rd reading cal.1598
substituted for s3171a
Jun 18, 2019 substituted by a264b
ordered to third reading cal.1598
committee discharged and committed to rules
May 14, 2019 print number 3171a
May 14, 2019 amend (t) and recommit to insurance
Feb 04, 2019 referred to insurance

Co-Sponsors

view additional co-sponsors

S3171 - Details

See Assembly Version of this Bill:
A264
Law Section:
Financial Services Law
Laws Affected:
Amd §§605, 608 & 604, Fin Serv L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7868, A10470
2017-2018: S4241, A7611

S3171 - Summary

Establishes patient protections from excessive hospital emergency charges; includes hospital charges, including hospital charges for inpatient services which follow an emergency room visit.

S3171 - Sponsor Memo

S3171 - Bill Text download pdf


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

                                  3171

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 4, 2019
                               ___________

Introduced by Sens. KRUEGER, SEWARD, THOMAS, AMEDORE, BOYLE, LIU, MARTI-
  NEZ,  SALAZAR,  SEPULVEDA,  SKOUFIS -- 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:
  § 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  SERVICES, THE HEALTH CARE PLAN
SHALL, AFTER THE INITIAL PAYMENT, PAY ANY ADDITIONAL AMOUNTS  IT  DETER-
MINES IS REASONABLE 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.

Co-Sponsors

view additional co-sponsors

S3171A (ACTIVE) - Details

See Assembly Version of this Bill:
A264
Law Section:
Financial Services Law
Laws Affected:
Amd §§605, 608 & 604, Fin Serv L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7868, A10470
2017-2018: S4241, A7611

S3171A (ACTIVE) - Summary

Establishes patient protections from excessive hospital emergency charges; includes hospital charges, including hospital charges for inpatient services which follow an emergency room visit.

S3171A (ACTIVE) - Sponsor Memo

S3171A (ACTIVE) - Bill Text download pdf


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

                                 3171--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 4, 2019
                               ___________

Introduced  by Sens. KRUEGER, SEWARD, THOMAS, AMEDORE, BOYLE, GOUNARDES,
  HARCKHAM, LIU, MARTINEZ, SALAZAR, SEPULVEDA, SKOUFIS -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Insurance  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the financial services law, in relation to  establishing
  protections from excess hospital 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:
  § 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,
INCLUDING A BILL FOR INPATIENT SERVICES WHICH FOLLOW AN  EMERGENCY  ROOM
VISIT,  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 twenty-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 thou-
sand 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 SERVICES, THE  HEALTH  CARE  PLAN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03101-04-9

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.