NY State Senate Bill 2021-S3550

Archive: Last Bill Status - In Senate Committee Insurance 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to insurance
Jan 30, 2021	referred to insurance

co-Sponsors

View additional co-sponsors

2021-S3550 (ACTIVE) - Details

See Assembly Version of this Bill:: A1842
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6982, A10091
2013-2014: S3541, A3707
2015-2016: S1763, A931
2017-2018: S2524, A908
2019-2020: S3525, A3721
2023-2024: S1465, A3496
2025-2026: S6255, A6712

2021-S3550 (ACTIVE) - Summary

Relates to reimbursement for ambulance services; requires insurers to submit payments directly to ambulance providers who are in-network or, for out-of-network ambulance providers, requires the issuance of a joint check to the insured specifying both the insured and the ambulance provider as payees.

2021-S3550 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3550

SPONSOR: BRESLIN
 
TITLE OF BILL:

An act to amend the insurance law, in relation to reimbursement for
ambulance services

 
PURPOSE:

To require insurers to submit payments directly to ambulance providers
who are in-,network or, for out-of-network ambulance providers, to
require the issuance of a joint check to the insured specifying both the
insured and the ambulance provider as payees.

 
SUMMARY OF PROVISIONS:

Amends sections 3216(1)(24), 3221(1)(15) and 4303(aa) to require insur-
ers to submit payments directly to in-network ambulance providers at the
negotiated rates. For out-of-network ambulance providers where there is
no negotiated rate, the insurer is required to issue a joint check to

the insured specifying both the insured and ambulance provider as
payees, at the usual and customary charge.

Further, the legislation requires the insurer to issue reimbursement
directly to the ambulance provider if the insured has filed an assign-
ment of benefits for such ambulance services.  The legislation also
requires the insurer to notify the ambulance provider electronically
upon the issuance of a joint check to the insured. The notification must
include the name of the patient, date of service, date of payment,
amount of payment and address to which the payment was sent.

 
JUSTIFICATION:

This bill would amend the insurance law to require insurers to issue
joint signature checks to both the patient and ambulance service provid-
er when the patient utilizes an ambulance service provider that is a
non-participating provider of their network.

Currently, when a patient uses an out-of-network ambulance provider,
their insurance company will send the ambulance reimbursement payment
directly to the patient. The patient is then expected to forward that
reimbursement payment to the ambulance service that provided the
service. In many cases with a single signature check, the patients never
send the insurance reimbursement to the service provider.  Rather, they
keep the money for themselves, diverting millions of dollars from our
healthcare system in the process.

This bill would ensure that healthcare dollars stay in the healthcare
system and that healthcare providers are paid for the work that they do.
In order to cash the check, both parties would need to endorse the
check. Insurers would send the joint signature check to the patient, the
patient would sign it and send it to the ambulance provider. The ambu-
lance provider could then endorse the check and be paid for their
service. The insurer will also notify the ambulance provider when a
joint signature check has been sent to the patient.

Ambulance providers are mandated responders who must provide service
when an emergency call comes in. They answer these calls without know-
ledge of a patient's ability to pay and without concern of being paid at
the time of service. In order to keep the ambulance system strong and
viable they must collect payment for service. This bill would assist in
collecting payments.

 
LEGISLATIVE HISTORY:

S.3525 of 2019-20;

S.2524 of 2017-18;

S.1763 of 2015-16;

S.3541 of 2013-14;

S.6982 of 2012

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2021-S3550 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3550
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced by Sens. BRESLIN, ADDABBO, BIAGGI, BROOKS, GALLIVAN, HELMING,
   PERSAUD,  SKOUFIS  -- read twice and ordered printed, and when printed
   to be committed to the Committee on Insurance
 
 AN ACT to amend the insurance law,  in  relation  to  reimbursement  for
   ambulance services

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 24 of subsection  (i)  of  section  3216  of  the
 insurance  law  is  amended  by adding a new subparagraph (F) to read as
 follows:
   (F) AN INSURER WHO ISSUES REIMBURSEMENT  UNDER  THIS  PARAGRAPH  SHALL
 SUBMIT  SUCH PAYMENTS EITHER DIRECTLY TO THE PROVIDER AT THE RATES NEGO-
 TIATED BETWEEN THE PROVIDER AND THE INSURER, OR IF NO    RATE  HAS  BEEN
 NEGOTIATED  BETWEEN THE PROVIDER AND INSURER, THEN TO THE INSURED IN THE
 FORM OF A JOINT CHECK SPECIFYING AS PAYEES  BOTH  THE  INSURED  AND  THE
 PROVIDER OF AMBULANCE SERVICES, AT THE USUAL AND CUSTOMARY CHARGE, WHICH
 SHALL NOT BE EXCESSIVE OR UNREASONABLE; PROVIDED HOWEVER, IF THE PROVID-
 ER OF AMBULANCE SERVICES HAS ON FILE A DULY EXECUTED ASSIGNMENT OF BENE-
 FITS  FOR  SUCH  SERVICES  TO  THE  INSURER,  NOTWITHSTANDING ANY POLICY
 LANGUAGE TO THE CONTRARY, THE ISSUER SHALL  ACCEPT  SUCH  ASSIGNMENT  OF
 BENEFITS AND THE INSURER SHALL ISSUE REIMBURSEMENT SOLELY TO THE PROVID-
 ER. AN INSURER ISSUING PAYMENT IN THE FORM OF A JOINT CHECK SHALL NOTIFY
 THE  PROVIDER  VIA  ELECTRONIC  COMMUNICATION  OF  THE  ISSUANCE OF SUCH
 PAYMENT. THE NOTIFICATION SHALL INCLUDE THE NAME  OF  THE  PATIENT,  THE
 DATE  OF  SERVICE,  THE  DATE  OF PAYMENT, THE AMOUNT OF PAYMENT AND THE
 ADDRESS TO WHICH THE PAYMENT WAS SENT.
   § 2.  Paragraph 15 of subsection (1) of section 3221 of the  insurance
 law is amended by adding a new subparagraph (F) to read as follows:
   (F)  AN  INSURER  WHO  ISSUES REIMBURSEMENT UNDER THIS PARAGRAPH SHALL
 SUBMIT SUCH PAYMENTS EITHER DIRECTLY TO THE PROVIDER AT THE RATES  NEGO-
 TIATED  BETWEEN  THE  PROVIDER  AND  THE INSURER, OR IF NO RATE HAS BEEN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00267-01-1

 S. 3550                             2
 
 NEGOTIATED BETWEEN THE PROVIDER AND INSURER, THEN TO THE INSURED IN  THE
 FORM  OF  A  JOINT  CHECK  SPECIFYING AS PAYEES BOTH THE INSURED AND THE
 PROVIDER OF AMBULANCE SERVICES, AT THE USUAL AND CUSTOMARY CHARGE, WHICH
 SHALL NOT BE EXCESSIVE OR UNREASONABLE; PROVIDED HOWEVER, IF THE PROVID-
 ER OF AMBULANCE SERVICES HAS ON FILE A DULY EXECUTED ASSIGNMENT OF BENE-
 FITS  FOR  SUCH  SERVICES  TO  THE  INSURER,  NOTWITHSTANDING ANY POLICY
 LANGUAGE TO THE CONTRARY, THE INSURER SHALL ACCEPT  SUCH  ASSIGNMENT  OF
 BENEFITS AND THE INSURER SHALL ISSUE REIMBURSEMENT SOLELY TO THE PROVID-
 ER. AN INSURER ISSUING PAYMENT IN THE FORM OF A JOINT CHECK SHALL NOTIFY
 THE  PROVIDER  VIA  ELECTRONIC  COMMUNICATION  OF  THE  ISSUANCE OF SUCH
 PAYMENT. THE NOTIFICATION SHALL INCLUDE THE NAME  OF  THE  PATIENT,  THE
 DATE  OF  SERVICE,  THE  DATE  OF PAYMENT, THE AMOUNT OF PAYMENT AND THE
 ADDRESS TO WHICH THE PAYMENT WAS SENT.
   § 3. Subsection (aa) of section 4303 of the insurance law  is  amended
 by adding a new paragraph 6 to read as follows:
   (6)  AN  INSURER  WHO ISSUES REIMBURSEMENT UNDER THIS SUBSECTION SHALL
 SUBMIT SUCH PAYMENTS EITHER DIRECTLY TO THE PROVIDER AT THE RATES  NEGO-
 TIATED  BETWEEN  THE  PROVIDER  AND  THE INSURER, OR IF NO RATE HAS BEEN
 NEGOTIATED BETWEEN THE PROVIDER AND INSURER, THEN TO THE INSURED IN  THE
 FORM  OF  A  JOINT  CHECK  SPECIFYING AS PAYEES BOTH THE INSURED AND THE
 PROVIDER OF AMBULANCE SERVICES, AT THE USUAL AND CUSTOMARY CHARGE, WHICH
 SHALL NOT BE EXCESSIVE OR UNREASONABLE; PROVIDED HOWEVER, IF THE PROVID-
 ER OF AMBULANCE SERVICES HAS ON FILE A DULY EXECUTED ASSIGNMENT OF BENE-
 FITS FOR SUCH  SERVICES  TO  THE  INSURER,  NOTWITHSTANDING  ANY  POLICY
 LANGUAGE  TO  THE  CONTRARY, THE INSURER SHALL ACCEPT SUCH ASSIGNMENT OF
 BENEFITS AND THE INSURER SHALL ISSUE REIMBURSEMENT SOLELY TO THE PROVID-
 ER. AN INSURER ISSUING PAYMENT IN THE FORM OF A JOINT CHECK SHALL NOTIFY
 THE PROVIDER VIA  ELECTRONIC  COMMUNICATION  OF  THE  ISSUANCE  OF  SUCH
 PAYMENT.  THE  NOTIFICATION  SHALL  INCLUDE THE NAME OF THE PATIENT, THE
 DATE OF SERVICE, THE DATE OF PAYMENT, THE  AMOUNT  OF  PAYMENT  AND  THE
 ADDRESS TO WHICH THE PAYMENT WAS SENT.
   § 4. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S3550

Sponsored By

Archive: Last Bill Status - In Senate Committee Insurance Committee

Actions

co-Sponsors

2021-S3550 (ACTIVE) - Details

2021-S3550 (ACTIVE) - Summary

2021-S3550 (ACTIVE) - Sponsor Memo

2021-S3550 (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2021-S3550

Senate Bill S3550

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Insurance Committee

Actions

co-Sponsors

2021-S3550 (ACTIVE) - Details

2021-S3550 (ACTIVE) - Summary

2021-S3550 (ACTIVE) - Sponsor Memo

2021-S3550 (ACTIVE) - Bill Text download pdf

Comments