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

                                  1518

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. COLTON -- 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:

  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