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 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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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

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
              

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