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

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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

2019-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

2019-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.

2019-S8366 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8366

SPONSOR: RIVERA
 
TITLE OF BILL:

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 determi-
nation 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

 
PURPOSE:

To protect patients from financial hardship due to medical debt during
the COVID-19 state of emergency and expand access to health care cover-
age for certain low income individuals who have or are suspected of
having COVID-19.

 
SUMMARY OF PROVISIONS:

Section 1 would add Section 2828 to the public health law to suspend
collection actions by hospitals or healthcare professionals and stop
interest from accruing on debt for which collection actions are halted.
It creates notice requirements for hospitals and healthcare profes-
sionals for when normal debt obligations become active again.  It also
prohibits hospitals and healthcare professionals from collection actions
against uninsured patients being evaluated or treated for COVID-19 with-
out a sworn affidavit that the provider has submitted a claim to the
federal Health Resources & Services Administration for that care and
been denied. Violations would result in a private right of action. New
York's nonprofit hospitals have continued to sue patients through the
COVID-19 pandemic. A recent search on the E-Courts public database found
that the nonprofit hospitals had brought 152 lawsuits against patients
in the month of March 2020, well after the pandemic had spread. Under
the current New York State of Emergency, patients are unable to go to
court to defend themselves. In addition, patients and consumer advocates
report that hospital collection offices are closed and unresponsive to
phone calls trying to resolve medical bills before they go to court.

Section 2 adds a new Article 10-b to the debtor and creditor law to
suspend collection actions regarding medical debt by all medical debt
buyers or collectors and enact the same rules for medical debt buyers
created in section 1 for hospitals and healthcare professionals.

Section 3 would amend Section 5004 of the civil practice law and rules
to limit interest accruals on medical debt actions taken by hospitals to
the United States Treasury bill rate. It would also toll the accrual of
interest on potential medical debt judgments during the New York State
Disaster Emergency Order related to the COVID-19 pandemic. Under current
law, New York's nonprofit hospitals are able to charge 9 percent inter-
est on court judgments pursued against their patients.

Sections 4 and 5 add new Sections 3244 and 4331 to the Insurance Law in
order to extend grace periods for premium payments to 60 days after the
State Emergency related to COVID-19 ends or the contracted grace period,
whichever is later for those who can demonstrate financial hardship due
to COVID-19. It would also bar insurers from charging late fees or
reporting policyholders or contract holders to credit agencies or debt
collection agencies and require insurers to provide information about
alternative coverage options and consumer assistance programs. Insurers
would be required to accept an attestation from policyholders or
contract holders of their financial hardship.

Sections 6 and 7 amend subdivision 9 of section 364-j of the social
services law and subdivision 2 and 7 of section 4408-a of the public
health law respectively, to require notice of the department of health
designated independent consumer assistance program and the independent
substance use disorder and mental health ombudsman on all notices of
adverse determinations, grievances and appeals.

Section 8 add subdivision 3-a to Section 369-gg of the social services
law to expand eligibility for the basic health program (Essential Plan)
to residents of New York State who earn below two hundred percent of the
federal poverty level, have or have had a confirmed or suspected case of
COVID-19, and are ineligible for federally funded health coverage on the
basis of immigration status.

Section 9 sets forth an effective date.

 
JUSTIFICATION:

This legislation provides relief to New Yorkers who are uninsured, at
risk of becoming uninsured because of an inability to pay health insur-
ance premiums, or are at risk of having collection actions taken against
them due to medical debt. It encodes several of the State's emergency
Administrative actions into legislation that can provide more comprehen-
sive protection for a longer, defined time period and give providers and
patients more ability to anticipate their obligations over the course of
the emergency.

New Yorkers are facing severe financial hardship because of the pandem-
ic, which is impacting their ability to maintain health coverage or pay
for health care. By the end of March, 34 percent of households in New
York City had reported job loss as a result of the COVID-19 emergency.
(See "Job loss in NYC disproportionately impacts Hispanics and lower
income city residents", CUNY New York City COVID-19 Survey Week 2,
https://sph.cuny.eduiresearch/ covid-19- tracking-survey/week-2/.) Job
loss is not affecting all New Yorkers equally - 41 percent of households
whose members identified as Hispanic reported job loss.

This bill would enact several measures to protect patients from
collection actions taken by providers or medical debt buyers for the
duration of the emergency. Patients' ability to plan ahead for care,
respond to medical bill issues such as mistakes, or respond to
collection actions is highly compromised by the pandemic.

Over 40,000 patients have been sued by hospitals in the past five years
for medical debt. Hospitals continued to file lawsuits against patients
during the emergency - a brief review of 11 hospitals uncovered 122
lawsuits filed against patients between the state of emergency declara-
tion on March 7 and March 22 when the courts stopped accepting non-emer-
gency filings. For now, the courts have not announced a date at which
new filings might be allowed but have begun creating processes to file
documents virtually and allowing virtual appearances. Patients need
protections from medical debt collection actions for the duration of the
Emergency, even if the courts eventually develop processes to handle
such cases virtually.

The bill would bar new medical debt lawsuits from being filed until the
Emergency ends as well as other collection actions, such as placing
liens. The bill will also prevent unaffordable medical bills by requir-
ing hospitals file claims with the Health Resources & Service Adminis-
tration's relief funds before billing uninsured patients. This ensures
that patients benefit from the relief funds meant to help hospitals
manage COVID-19 costs.

The bill would also reduce the statutory rate of interest that can be
pursued by a nonprofit hospital when it sues its patients for medical
debt. A recent study by the Community Service Society identified over
30,000 lawsuits brought by nonprofit hospitals against New York
patients. (Community Service Society, "Discharged into Debt: New York's
Nonprofit Hospitals are Suing Patients," March 2020.) Most of these
cases were pursued by just a few hospital systems-the majority of which
received more funds from the State's Indigent Care Pool fund than they
offered in Hospital Financial Assistance to patients. The current United
States Treasury rate of interest is well below 1 percent for the past
year, and below 4 percent for most of the past twenty years. In medical
debt cases, the 9 percent statutory interest rate can add up quickly.
For example, in one case a patient's bill was $17,358 for care received
in 2015. New York Presbyterian secured a default judgment on February 2,
2018 in the amount of $22,232, which included $4,703 in interest at the
9 percent interest rate.

This provision would address this issue by ensuring that hospitals only
secure a reasonable rate of interest and tolls the accrual of that rate
of interest during the pandemic.

For health insurers, the COVID-19 emergency has meant a financial wind-
fall as all elective and most non-urgent care has stopped.  Insurers
should preserve coverage for those who are having trouble paying premi-
ums. New York State has taken Administrative action to temporarily stop
members from being disenrolled due to failure to pay premiums. This
legislation would extend those protections for people experiencing
financial hardship as a result of the Emergency until it ends and
require insurers to notify members of alternative coverage options and
consumer assistance programs.

The bill would also require Medicaid managed care plans to provide writ-
ten notice of the name, address, phone number and website of the depart-
ment of health designated independent consumer assistance program and
the independent substance use disorder and mental health ombudsman on
all notices of adverse determinations, grievances and appeals. This
notice would continue beyond the Emergency to ensure that consumer can
easily access the help they need when faced with an adverse determi-
nation.  Finally, the bill would ameliorate racial and ethnic dispari-
ties in COVID-19 cases and fatalities by ensuring that immigration
status is not a barrier to securing testing and treatment. It builds
upon the Department of Health's guidance in April allowing otherwise
ineligible individuals to be eligible for Emergency Medicaid for COVID-
19 related testing, care, and treatment. This bill allows those making
between 133% and 200% of poverty, above the Emergency Medicaid levels,
to have access to the Essential Plan. Controlling the spread of COVID-
19, particularly in communities of color which are disproportionately
affected, means getting people tested and treated.  Having access to
health insurance makes this possible and helps stop the spread for
everyone in New York State.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL:

Minimal investment to avoid larger losses to the state as the COVID-19
virus continues to spread.

 
EFFECTIVE DATE:
Immediately

2019-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

                       [ ] is old law to be omitted.
                                                            LBD16413-02-0

 S. 8366                             2
 
 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
   (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" MEANS ANY PERSON, WHICH, FOR  MONETARY
 FEES,  DUES,  OR  ON A COOPERATIVE NONPROFIT BASIS, REGULARLY ENGAGES IN
 WHOLE OR IN PART IN THE PRACTICE OF ASSEMBLING  OR  EVALUATING  CONSUMER
 CREDIT  INFORMATION OR OTHER INFORMATION ON CONSUMERS FOR THE PURPOSE OF
 FURNISHING CONSUMER REPORTS TO THIRD PARTIES.
   (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:

 S. 8366                             3
 
   (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
   (III)  THAT  THE  PROGRAM  DESCRIBED  IN  THIS  SECTION IS A TEMPORARY
 PROGRAM.
   (B) BEGINNING ON THE FIRST DAY AFTER THE EXPIRATION OF THE  PERIOD  OF
 SUSPENSION,  CARRY OUT A PROGRAM TO PROVIDE NO FEWER THAN SIX 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;

 S. 8366                             4
 
   (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-
 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" MEANS ANY PERSON, WHICH,  FOR  MONETARY
 FEES,  DUES,  OR  ON A COOPERATIVE NONPROFIT BASIS, REGULARLY ENGAGES IN
 WHOLE OR IN PART IN THE PRACTICE OF ASSEMBLING  OR  EVALUATING  CONSUMER
 CREDIT  INFORMATION OR OTHER INFORMATION ON CONSUMERS FOR THE PURPOSE OF
 FURNISHING CONSUMER REPORTS TO THIRD PARTIES.
   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.

 S. 8366                             5
 
   § 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.
   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) BEGINNING ON THE FIRST DAY AFTER THE EXPIRATION OF THE  PERIOD  OF
 SUSPENSION,  CARRY OUT A PROGRAM TO PROVIDE NO FEWER THAN SIX 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  IN MEDICAL DEBT ACTIONS BY A HOSPITAL LICENSED UNDER ARTICLE TWEN-
 TY-EIGHT OF THE PUBLIC HEALTH LAW OR A HEALTH CARE PROFESSIONAL LICENSED
 OR CERTIFIED PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW  THE  INTEREST
 RATE  SHALL  BE  CALCULATED  AT THE ONE-YEAR UNITED STATES TREASURY BILL
 RATE. FOR THE PURPOSES OF THIS  SECTION,  THE  "ONE-YEAR  UNITED  STATES

 S. 8366                             6
 
 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 CALENDAR WEEK PRECEDING THE DATE OF THE ENTRY OF
 THE JUDGMENT AWARDING DAMAGES. PROVIDED HOWEVER, THAT THIS SECTION SHALL
 NOT  APPLY TO ANY PROVISION OF THE TAX LAW WHICH PROVIDES FOR THE ANNUAL
 RATE OF INTEREST TO BE PAID ON A JUDGMENT OR ACCRUED CLAIM. THE  ACCRUAL
 OF  INTEREST  SHALL  BE  TOLLED DURING THE PERIOD OF TIME WHEN THE STATE
 DISASTER EMERGENCY ORDER RELATED TO THE COVID-19 PANDEMIC IS IN EFFECT.
   § 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,
 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 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.

 S. 8366                             7
 
   (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
 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:

 S. 8366                             8
 
   § 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.
   (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

 S. 8366                             9

 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
 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. Subdivision 9 of section 364-j of the  social  services  law,  as
 amended  by  chapter  433  of  the  laws  of 1997, is amended to read as
 follows:
   9. Managed care providers shall inform participants of such provider's
 grievance procedure and utilization review procedures [required pursuant
 to sections forty-four hundred eight-c  and]  UNDER  ARTICLE  forty-nine
 [hundred]  of  the  public  health law. A managed care provider or local
 social services  district,  as  appropriate,  shall  provide  notice  to
 participants  of  their  respective  rights  to  a  fair hearing and aid
 continuing in accordance with applicable state and federal law.  MANAGED

 S. 8366                            10
 
 CARE PROVIDERS SHALL PROVIDE WRITTEN NOTICE OF THE NAME, ADDRESS,  PHONE
 NUMBER  AND  WEBSITE  OF THE DEPARTMENT OF HEALTH DESIGNATED INDEPENDENT
 CONSUMER ASSISTANCE PROGRAM AND THE INDEPENDENT SUBSTANCE  USE  DISORDER
 AND  MENTAL  HEALTH OMBUDSMAN ESTABLISHED BY SECTION 33.27 OF THE MENTAL
 HYGIENE LAW ON ALL NOTICES OF  ADVERSE  DETERMINATIONS,  GRIEVANCES  AND
 APPEALS.
   §  7.  Paragraph  (b)  of  subdivision  2 and subdivision 7 of section
 4408-a of the public health law, as added by chapter 705 of the laws  of
 1996, are amended to read as follows:
   (b)  The  notice to an enrollee describing the grievance process shall
 explain: (i) the process for filing a grievance with  the  organization;
 (ii) the timeframes within which a grievance determination must be made;
 [and]  (iii)  the  right of an enrollee to designate a representative to
 file a grievance on behalf of the enrollee; AND (IV) NOTICE OF THE NAME,
 ADDRESS, PHONE NUMBER AND WEBSITE OF THE DEPARTMENT DESIGNATED  CONSUMER
 ASSISTANCE PROGRAM AND THE INDEPENDENT SUBSTANCE USE DISORDER AND MENTAL
 HEALTH  OMBUDSMAN ESTABLISHED BY SECTION 33.27 OF THE MENTAL HYGIENE LAW
 ON ALL NOTICES OF ADVERSE DETERMINATIONS, GRIEVANCES AND APPEALS.
   7. The notice of a  determination  shall  include:  (i)  the  detailed
 reasons for the determination; (ii) in cases where the determination has
 a  clinical  basis,  the clinical rationale for the determination; [and]
 (iii) the procedures for the filing of an appeal of  the  determination,
 including  a  form  for the filing of such an appeal; AND (IV) NOTICE OF
 THE NAME, ADDRESS, PHONE NUMBER AND WEBSITE OF THE DEPARTMENT DESIGNATED
 CONSUMER ASSISTANCE PROGRAM AND THE INDEPENDENT SUBSTANCE  USE  DISORDER
 AND  MENTAL  HEALTH OMBUDSMAN ESTABLISHED BY SECTION 33.27 OF THE MENTAL
 HYGIENE LAW ON ALL NOTICES OF  ADVERSE  DETERMINATIONS,  GRIEVANCES  AND
 APPEALS.
   §  8. Section 369-gg of the social services law is amended by adding a
 new subdivision 3-a to read as follows:
   3-A. NOVEL CORONAVIRUS, COVID-19 ELIGIBILITY.  A PERSON SHALL ALSO  BE
 ELIGIBLE  TO RECEIVE COVERAGE FOR HEALTH CARE SERVICES UNDER THIS TITLE,
 WITHOUT REGARD TO FEDERAL FINANCIAL PARTICIPATION, IF HE  OR  SHE  IS  A
 RESIDENT  OF  THE STATE, HAS OR HAS HAD A CONFIRMED OR SUSPECTED CASE OF
 NOVEL CORONAVIRUS, COVID-19, HOUSEHOLD INCOME  BELOW TWO HUNDRED PERCENT
 OF THE FEDERAL POVERTY LINE AS  DEFINED  AND  ANNUALLY  REVISED  BY  THE
 UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR A HOUSEHOLD OF
 THE  SAME SIZE, AND IS INELIGIBLE FOR FEDERAL FINANCIAL PARTICIPATION IN
 THE BASIC HEALTH PROGRAM UNDER 42 U.S.C.  SECTION 18051 ON THE BASIS  OF
 IMMIGRATION  STATUS, BUT OTHERWISE MEETS THE ELIGIBILITY REQUIREMENTS IN
 PARAGRAPHS (B) AND (C) OF SUBDIVISION THREE OF THIS SECTION.  AN  APPLI-
 CANT  WHO  FAILS TO MAKE AN APPLICABLE PREMIUM PAYMENT SHALL LOSE ELIGI-
 BILITY TO RECEIVE COVERAGE FOR HEALTH CARE SERVICES IN  ACCORDANCE  WITH
 THE TIME FRAMES AND PROCEDURES DETERMINED BY THE COMMISSIONER.
   §  9.  This  act shall take effect immediately; provided, however, the
 amendments to subdivision 9 of section 364-j of the social services  law
 made  by  section  six  of  this act shall not affect the repeal of such
 section and shall be deemed repealed therewith, provided  further,  that
 section  eight  of  this act shall expire and be deemed repealed 60 days
 following the conclusion of the state disaster emergency declared pursu-
 ant to executive order 202, provided that  the  commissioner  of  health
 shall  notify  the  legislative bill drafting commission upon the occur-
 rence of the conclusion of  such  executive  order  in  order  that  the
 commission  may  maintain  an accurate and timely effective data base of
 the official text of the laws of the state of New York in furtherance of

 S. 8366                            11
 
 effectuating the provisions of section 44 of  the  legislative  law  and
 section 70-b of the public officers law.

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Senate Bill S8366

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Archive: Last Bill Status - In Senate Committee Health Committee

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Sponsored By

Gustavo Rivera

Archive: Last Bill Status - In Senate Committee Health Committee

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2019-S8366 (ACTIVE) - Details

2019-S8366 (ACTIVE) - Summary

2019-S8366 (ACTIVE) - Sponsor Memo

2019-S8366 (ACTIVE) - Bill Text download pdf

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