S T A T E O F N E W Y O R K
________________________________________________________________________
3999
2021-2022 Regular Sessions
I N A S S E M B L Y
February 1, 2021
___________
Introduced by M. of A. COLTON, PERRY, GOTTFRIED, M. MILLER, CRUZ,
SAYEGH, EPSTEIN, GRIFFIN, HYNDMAN, DICKENS, STIRPE, TAYLOR, NIOU,
LAVINE -- Multi-Sponsored by -- M. of A. COOK, ENGLEBRIGHT, J. RIVERA,
SIMON -- read once and referred to the Committee on Insurance
AN ACT to amend the insurance law, in relation to actions by health care
providers against patients
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The insurance law is amended by adding a new section 3224-e
to read as follows:
§ 3224-E. ACTIONS BY HEALTH CARE PROVIDERS RELATED TO INSURANCE
CLAIMS. IN ANY ACTION BROUGHT BY A HEALTH CARE PROVIDER AGAINST A
PATIENT TO RECOVER PAYMENT FOR AN OUTSTANDING BILL, FOR SERVICES
RENDERED BY SUCH HEALTH CARE PROVIDER, IT SHALL BE AN AFFIRMATIVE
DEFENSE TO SUCH ACTION THAT THE HEALTH CARE PROVIDER FAILED TO SUBMIT
THE INSURANCE CLAIM TO THE PATIENT'S INSURER IN A TIMELY MANNER.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law, and shall apply to civil actions brought on or after
such effective date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05990-01-1