Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Nov 13, 2013 |
signed chap.516 |
Nov 01, 2013 |
delivered to governor |
Jun 21, 2013 |
returned to assembly passed senate 3rd reading cal.1619 substituted for s5715a |
Jun 20, 2013 |
referred to rules delivered to senate passed assembly |
Jun 18, 2013 |
ordered to third reading rules cal.479 rules report cal.479 reported |
Jun 17, 2013 |
amend and recommit to rules 7828a |
Jun 17, 2013 |
reported referred to rules |
Jun 12, 2013 |
reported referred to codes |
Jun 05, 2013 |
referred to judiciary |
Assembly Bill A7828A
Signed By Governor2013-2014 Legislative Session
Sponsored By
WEINSTEIN
Archive: Last Bill Status - Signed by Governor
- 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
Actions
Votes
Bill Amendments
2013-A7828 - Details
- See Senate Version of this Bill:
- S5715
- Law Section:
- General Obligations Law
- Laws Affected:
- Amd §§5-101 & 5-335, Gen Ob L
2013-A7828 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7828 2013-2014 Regular Sessions I N A S S E M B L Y June 5, 2013 ___________ Introduced by M. of A. WEINSTEIN -- read once and referred to the Committee on Judiciary AN ACT to amend the general obligations law, in relation to protecting parties to the settlement of a tort claim from certain unwarranted lien, reimbursement and subrogation claims THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative intent. The legislature finds that the resol- ution and settlement of certain types of claims have been impeded as a result of health insurers' attempts to intervene into pending liti- gation, as well as similar attempts to institute subrogation and reimbursement actions against litigants. As a result, settlement of claims made by accident victims and others are imperiled and prevented, thus causing undue burdens and pressures upon the court system. In addi- tion, defendants in such actions are being subjected to claims made by health insurers, exposing them to additional liability. Chapter 494 of the laws of 2009 was enacted to add a new subdivision 4 to section 5-101 of the general obligations law and to add a new section 5-335 of the general obligations law "in relation to protecting parties to the settlement of a tort claim from certain unwarranted lien, reimbursement and subrogation claims". However, one federal court, the United States District Court for the Eastern District of New York, in Wurtz v. Rawlings Co., LLC, 2013 WL1248631 (E.D.N.Y), has held that this legislation was preempted to the extent it applies to any insured employee benefit plan covered by the Employee Retirement Income Security Act of 1974, as amended (ERISA). The instant legislation is intended to make clear the original purpose of sections 5-101 and 5-335 of the general obligations law which is to ensure that insurers will not be able to claim or access any monies paid in settlement of a tort claim whether by way of a lien, a reimbursement claim, subrogation, or other- wise so that the burden of payment for health care services, disability EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11329-03-3
2013-A7828A (ACTIVE) - Details
- See Senate Version of this Bill:
- S5715
- Law Section:
- General Obligations Law
- Laws Affected:
- Amd §§5-101 & 5-335, Gen Ob L
2013-A7828A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7828--A 2013-2014 Regular Sessions I N A S S E M B L Y June 5, 2013 ___________ Introduced by M. of A. WEINSTEIN -- read once and referred to the Committee on Judiciary -- reported and referred to the Committee on Codes -- reported and referred to the Committee on Rules -- Rules Committee discharged, bill amended, ordered reprinted as amended and recommitted to the Committee on Rules AN ACT to amend the general obligations law, in relation to protecting parties to the settlement of a tort claim from certain unwarranted lien, reimbursement and subrogation claims THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative intent. The legislature finds that the resol- ution and settlement of certain types of claims have been impeded as a result of health insurers' attempts to intervene into pending liti- gation, as well as similar attempts to institute subrogation and reimbursement actions against litigants. As a result, settlement of claims made by accident victims and others are imperiled and prevented, thus causing undue burdens and pressures upon the court system. In addi- tion, defendants in such actions are being subjected to claims made by health insurers, exposing them to additional liability. Chapter 494 of the laws of 2009 was enacted to add a new subdivision 4 to section 5-101 of the general obligations law and to add a new section 5-335 of the general obligations law "in relation to protecting parties to the settlement of a tort claim from certain unwarranted lien, reimbursement and subrogation claims". However, one federal court, the United States District Court for the Eastern District of New York, in Wurtz v. Rawlings Co., LLC, 2013 WL1248631 (E.D.N.Y), has held that this legislation was preempted to the extent it applies to any insured employee benefit plan covered by the Employee Retirement Income Security Act of 1974, as amended (ERISA). The instant legislation is intended to make clear the original purpose of sections 5-101 and 5-335 of the general obligations law which is to ensure that insurers will not be EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11329-05-3
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