Bill S649-2013

Relates to actions by health care providers against patients

Relates to actions by health care providers against patients; provides that it shall be an affirmative defense to an action by a health care provider against a patient for recovery of payment for an outstanding bill that such health care provider failed to submit such insurance claim to the patient's insurer in a timely manner.

Details

Actions

  • Jan 8, 2014: REFERRED TO INSURANCE
  • Jan 9, 2013: REFERRED TO INSURANCE

Memo

BILL NUMBER:S649

TITLE OF BILL: An act to amend the insurance law, in relation to actions by health care providers against patients

PURPOSE OR GENERAL IDEA OF BILL: To protect patients from actions by health care providers to recover payments for an outstanding bill, when the health care provider failed to submit the insurance claim to the patient's insurer in a timely manner.

SUMMARY OF SPECIFIC PROVISIONS: The insurance law is amended by adding a new §3224-c, which provides that failure to submit an insurance claim to the patient's insurer in a timely manner shall be an affirmative defense to civil actions brought by a health care provider against a patient to recover payment for an outstanding bill.

JUSTIFICATION: When a health care provider fails to submit the insurance claim to the patient's insurer in a timely manner, the patient should not be held responsible when civil actions are brought against the patient to recover payment for the outstanding bill.

PRIOR LEGISLATIVE HISTORY: 2011: S.1222

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become law, and shall apply to civil actions brought on or after such effective date.


Text

STATE OF NEW YORK ________________________________________________________________________ 649 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. STAVISKY -- 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 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-d to read as follows: S 3224-D. 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. S 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.

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