Senate Bill S8365A

2019-2020 Legislative Session

Relates to COVID-19 pandemic medical debt requirements

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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Bill Amendments

2019-S8365 - Details

See Assembly Version of this Bill:
A10506
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §2828, Pub Health L; add Art 10-B §§286 - 287, D & C L; amd §5004, CPLR; add §§3244 & 4331, Ins L
Versions Introduced in 2021-2022 Legislative Session:
S2541, A1753

2019-S8365 - Summary

Provides extensions for certain medical debt and insurance premiums related to the COVID-19 pandemic.

2019-S8365 - Sponsor Memo

2019-S8365 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8365
 
                             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; and to amend  the  social
   services  law and the public health law, in relation to adverse deter-
   mination notices to Medicaid recipients
 
   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
 AND  THE  MEDICAL  CREDITOR  TOGETHER  MORE THAN HE OR SHE IS PERSONALLY
 RESPONSIBLE FOR PAYING IN COMPLIANCE WITH THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2019-S8365A (ACTIVE) - Details

See Assembly Version of this Bill:
A10506
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §2828, Pub Health L; add Art 10-B §§286 - 287, D & C L; amd §5004, CPLR; add §§3244 & 4331, Ins L
Versions Introduced in 2021-2022 Legislative Session:
S2541, A1753

2019-S8365A (ACTIVE) - Summary

Provides extensions for certain medical debt and insurance premiums related to the COVID-19 pandemic.

2019-S8365A (ACTIVE) - Sponsor Memo

2019-S8365A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8365--A
 
                             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  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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
 
   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
 AND THE MEDICAL CREDITOR TOGETHER MORE THAN  HE  OR  SHE  IS  PERSONALLY
 RESPONSIBLE FOR PAYING IN COMPLIANCE WITH THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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