Senate Bill S1738

2009-2010 Legislative Session

Relates to actions by health care providers against patients

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Insurance Committee

  • 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

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2009-S1738 (ACTIVE) - Details

See Assembly Version of this Bill:
A1518
Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Add §3224-c, Ins L
Versions Introduced in Other Legislative Sessions:
2011-2012: S1222, A866
2013-2014: S649, A1681
2015-2016: S3161, A4751
2017-2018: S5227, A4015
2019-2020: S2923, A4834
2021-2022: A3999
2023-2024: A2558

2009-S1738 (ACTIVE) - Summary

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.

2009-S1738 (ACTIVE) - Sponsor Memo

2009-S1738 (ACTIVE) - Bill Text download pdf 

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

                                  1738

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 5, 2009
                               ___________

Introduced  by  Sens.  STAVISKY,  ADAMS,  DIAZ, HUNTLEY, 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 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-c
to read as follows:
  S 3224-C. 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.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04318-01-9

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