S246-2013 Actions

• Jan 9, 2013: REFERRED TO INSURANCE

S246-2013 Memo

BILL NUMBER:S246

TITLE OF BILL:
An act
to amend the insurance law, in relation to non-emergency ambulette
transportation services provided to covered persons

PURPOSE:
The purpose of this bill is to allow reputable ambulette
services that are certified by Medicaid, to receive reimbursement
from insurance for non-emerg(mcy transportation services provided to
no fault patients.

SUMMARY:
Amends section 5110 of the Insurance law to require
reimbursement to Medicaid-certified ambulette companies for
transportation services of no fault patients to and from health care
appointments that are related to treatment of injuries sustained as a
result of a motor vehicle accident. Section B indicates that
ambulette companies paid by insurers shall not seek compensation or
have recourse against a covered person for services provided. Section
C authorizes ambulette companies to accept letters of reassignment of
benefits from covered persons. Section D provides that reimbursement
rates shall be at a rate negotiated between the insurer and the
provider of services. In the absence of such an agreement the insurer
shall pay the usual and customary charge for such services so long as
they are not excessive or exorbitant.

JUSTIFICATION:
This is an important piece of legislation that will
ensure that patients covered under the no fault insurance law will
receive medically necessary, quality, non-emergency transportation
services to and from health care appointments to treat injuries
sustained in motor vehicle accidents. No fault patients that are
suffering from neck, back or other serious injuries require
transportation to doctor visits, physical therapy etc must be
transported by professionals who are trained to transport such
patients in a manner that does not risk aggravation of injuries or
added pain and discomfort that can be caused by improper
transportation procedures.

PRIOR LEGISLATIVE HISTORY:
S.1695 of 2011
01/11/11 REFERRED TO INSURANCE
01/04/12 REFERRED TO INSURANCE

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S246-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     246

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen. SAMPSON -- 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  non-emergency  ambu-
    lette transportation services provided to covered persons

    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:

    S 5110. AMBULETTE TRANSPORTATION SERVICES. (A) EVERY OWNER'S POLICY OF
  LIABILITY  INSURANCE  ISSUED  ON  A MOTOR VEHICLE IN SATISFACTION OF THE
  REQUIREMENTS OF ARTICLE SIX OR EIGHT OF  THE  VEHICLE  AND  TRAFFIC  LAW
  SHALL  INCLUDE  REIMBURSEMENT  OF NON-EMERGENCY AMBULETTE TRANSPORTATION
  SERVICES THAT  ARE  MEDICAID-CERTIFIED  FOR  THE  TRANSPORT  OF  COVERED
  PERSONS  TO  AND  FROM  APPOINTMENTS WITH HEALTH CARE PROVIDERS THAT ARE
  DIRECTLY RELATED TO TREATMENT OF AN INJURY OR INJURIES  SUSTAINED  AS  A
  RESULT OF A MOTOR VEHICLE ACCIDENT.
    (B) PAYMENT BY AN INSURER PURSUANT TO THIS SECTION SHALL BE PAYMENT IN
  FULL FOR THE SERVICES PROVIDED. AN AMBULETTE SERVICE REIMBURSED PURSUANT
  TO THIS SECTION SHALL NOT CHARGE OR SEEK ANY REIMBURSEMENT FROM, OR HAVE
  ANY RECOURSE AGAINST A COVERED PERSON FOR THE SERVICES PROVIDED PURSUANT
  TO THIS SECTION.
    (C) AMBULETTE COMPANIES SHALL BE AUTHORIZED TO ACCEPT LETTERS OF REAS-
  SIGNMENT OF BENEFITS FROM COVERED PERSONS.
    (D)   AN  INSURER  SHALL  PROVIDE  REIMBURSEMENT  FOR  THOSE  SERVICES
  PRESCRIBED BY THIS SECTION AT RATES NEGOTIATED BETWEEN THE  INSURER  AND
  THE  PROVIDER  OF SUCH SERVICES. IN THE ABSENCE OF AGREED UPON RATES, AN
  INSURER SHALL PAY FOR SUCH SERVICES AT THE USUAL AND  CUSTOMARY  CHARGE,
  WHICH SHALL NOT BE EXCESSIVE OR UNREASONABLE.
    S 2. This act shall take effect immediately.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD02186-01-3