senate Bill S8366

2019-2020 Legislative Session

Relates to COVID-19 pandemic medical debt requirements and adverse determination notices to Medicaid recipients and eligibility for the basic health program

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 19, 2020 referred to health

S8366 (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §2828, amd §4408-a, Pub Health L; add Art 10-B §§286 - 287, D & C L; amd §5004, CPLR; add §§3244 & 4331, Ins L; amd §364-j, Soc Serv L; amd §369-gg, Soc Serv L

S8366 (ACTIVE) - Summary

Provides extensions for certain medical debt and insurance premiums related to the COVID-19 pandemic and requires certain information to be included in adverse determination notices to Medicaid recipients, and temporarily expands eligibility for the basic health program.

S8366 (ACTIVE) - Sponsor Memo

S8366 (ACTIVE) - Bill Text download pdf


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

                                  8366

                            I N  S E N A T E

                              May 19, 2020
                               ___________

Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

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;  to  amend  the  social
  services  law and the public health law, in relation to adverse deter-
  mination notices to Medicaid recipients; to amend the social  services
  law,  in  relation  to  eligibility  for the basic health program; and
  providing for the repeal of certain  provisions  upon  the  expiration
  thereof

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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