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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2558
SPONSOR: Colton (MS) 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:
2013-14: A.1681/Insurance; S.649/Insurance
2011-12: A.866/Insurance, S.1222/Insurance
2009-10: A.1518/Insurance, S.1738/Insurance
2007-08: A.5329/Insurance, S.2671/Insurance
2006: A.9961/Insurance, S.2671/Insurance
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
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.
STATE OF NEW YORK
________________________________________________________________________
2558
2023-2024 Regular Sessions
IN ASSEMBLY
January 26, 2023
___________
Introduced by M. of A. COLTON, MILLER, CRUZ, SAYEGH, EPSTEIN, HYNDMAN,
DICKENS, STIRPE, TAYLOR, LAVINE, DAVILA -- Multi-Sponsored by -- M. of
A. COOK, RIVERA, SIMON -- read once and referred 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:
1 Section 1. The insurance law is amended by adding a new section 3224-e
2 to read as follows:
3 § 3224-e. Actions by health care providers related to insurance
4 claims. In any action brought by a health care provider against a
5 patient to recover payment for an outstanding bill, for services
6 rendered by such health care provider, it shall be an affirmative
7 defense to such action that the health care provider failed to submit
8 the insurance claim to the patient's insurer in a timely manner.
9 § 2. This act shall take effect on the ninetieth day after it shall
10 have become a law, and shall apply to civil actions brought on or after
11 such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00899-01-3
