senate Bill S6735

2021-2022 Legislative Session

Relates to the coordination of no-fault benefits for persons injured in motor vehicle accidents

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Insurance Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 13, 2021 referred to insurance

S6735 (ACTIVE) - Details

Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Add §5110, Ins L

S6735 (ACTIVE) - Summary

Requires that insurers providing no-fault coverage reimburse other insurers for the payment of claims to providers which should have been covered by a no-fault insurer.

S6735 (ACTIVE) - Sponsor Memo

S6735 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6735
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 13, 2021
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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 the coordination of
   no-fault benefits for persons injured in motor vehicle accidents
 
   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 5110
 to read as follows:
   § 5110. PAYMENT FOR SERVICES PROVIDED FOR MOTOR VEHICLE  INJURIES.  1.
 ANY  PROVIDER  OF  TREATMENT  TO ANY COVERED PERSON, WHO RENDERS CARE OR
 SUPPLIES A PRODUCT WITHIN SEVENTY-TWO HOURS OF THE MOTOR  VEHICLE  ACCI-
 DENT,  IN  THE ABSENCE OF FRAUD OR DECEPTION BY THE CLAIMANT, IS CONCLU-
 SIVELY PRESUMED TO HAVE ACCEPTED, AND TO HAVE CONSENTED TO,  AN  ASSIGN-
 MENT  OF  NO-FAULT BENEFITS UNDER THIS ARTICLE IN THE FORM PRESCRIBED BY
 THE SUPERINTENDENT.  THE PROVISIONS OF THIS SUBDIVISION SHALL  APPLY  IF
 THE  PROVIDER  KNOWS,  OR  IS  ON NOTICE OF FACTS THAT INDICATE THAT THE
 INJURIES OR CONDITIONS TREATED ARE THE RESULT OF A MOTOR  VEHICLE  ACCI-
 DENT WHICH OCCURRED IN THE PRECEDING SEVENTY-TWO HOURS.
   2.  ANY  PROVIDER  OF  TREATMENT TO A COVERED PERSON WHO MISTAKENLY OR
 OTHERWISE BILLS AN INSURER OTHER THAN THE NO-FAULT  INSURER  FOR  CLAIMS
 ELIGIBLE  FOR FIRST-PARTY BENEFITS UNDER THIS ARTICLE MUST, UPON PRESEN-
 TATION WITH PROOF OF APPLICABLE COVERAGE UNDER  ARTICLE  SIX,  EIGHT  OR
 FORTY-FOUR-B  OF  THE VEHICLE AND TRAFFIC LAW, RETURN SUCH FEES AND SEEK
 PAYMENT FOR SERVICES FROM THE NO-FAULT INSURER INSTEAD. A PROVIDER SHALL
 BE PERMITTED TO MAINTAIN INSURANCE INFORMATION IN THE EVENT IT IS ESTAB-
 LISHED THAT THERE ARE NO FIRST-PARTY BENEFITS  AVAILABLE  FOR  EMERGENCY
 TREATMENT UNDER THIS ARTICLE.
   3.  THE TIME LIMIT FOR PRESENTATION OF INVOICES TO AN INSURER SHALL BE
 MEASURED FROM THE FIRST DATE ON WHICH THE PROVIDER OR THE PATIENT  FIRST
 PRESENTED THE INVOICE TO ANY INSURER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10765-02-1

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