S T A T E O F N E W Y O R K
________________________________________________________________________
250
2023-2024 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 4, 2023
___________
Introduced by M. of A. MAGNARELLI, ZEBROWSKI, STIRPE, COOK, WOERNER,
FAHY, SANTABARBARA, PEOPLES-STOKES, COLTON, GUNTHER, OTIS, BRONSON,
HUNTER, BUTTENSCHON, McMAHON, CRUZ, SAYEGH, BURDICK, THIELE, DARLING,
JACKSON, SIMON, DAVILA, MEEKS, STECK, LUPARDO, CLARK -- read once and
referred to the Committee on Insurance
AN ACT to amend the insurance law, in relation to payments to prehospi-
tal emergency medical services providers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3224-a of the insurance law is amended by adding a
new subsection (l) to read as follows:
(L) PAYMENTS TO NONPARTICIPATING OR NONPREFERRED PROVIDERS OF AMBU-
LANCE SERVICES LICENSED UNDER ARTICLE THIRTY OF THE PUBLIC HEALTH LAW.
(1) EXCEPT IN A CITY WITH A POPULATION OF ONE MILLION OR MORE PERSONS,
WHENEVER AN INSURER OR AN ORGANIZATION, OR CORPORATION LICENSED OR
CERTIFIED PURSUANT TO ARTICLE FORTY-THREE OR FORTY-SEVEN OF THIS CHAPTER
OR ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW PROVIDES THAT ANY HEALTH
CARE CLAIMS SUBMITTED UNDER CONTRACTS OR AGREEMENTS ISSUED OR ENTERED
INTO PURSUANT TO THIS ARTICLE OR ARTICLE FORTY-TWO, FORTY-THREE OR
FORTY-SEVEN OF THIS CHAPTER AND ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH
LAW ARE PAYABLE TO A PARTICIPATING OR PREFERRED PROVIDER OF AMBULANCE
SERVICES FOR SERVICES RENDERED, THE INSURER, ORGANIZATION, OR CORPO-
RATION LICENSED OR CERTIFIED PURSUANT TO ARTICLE FORTY-THREE OR FORTY-
SEVEN OF THIS CHAPTER OR ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW
SHALL BE REQUIRED TO PAY SUCH BENEFITS EITHER DIRECTLY TO ANY SIMILARLY
LICENSED NONPARTICIPATING OR NONPREFERRED PROVIDER AT THE USUAL AND
CUSTOMARY CHARGE AS DEFINED UNDER SECTION THREE THOUSAND TWO HUNDRED
FORTY-ONE OF THIS ARTICLE, WHICH SHALL NOT BE EXCESSIVE OR UNREASONABLE,
WHEN THE PROVIDER HAS RENDERED SUCH SERVICES, HAS ON FILE A DULY
EXECUTED ASSIGNMENT OF BENEFITS, AND HAS CAUSED NOTICE OF SUCH ASSIGN-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00274-01-3
A. 250 2
MENT TO BE GIVEN TO THE INSURER, ORGANIZATION, OR CORPORATION LICENSED
OR CERTIFIED PURSUANT TO ARTICLE FORTY-THREE OR FORTY-SEVEN OF THIS
CHAPTER OR ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW OR JOINTLY TO
SUCH NONPARTICIPATING OR NONPREFERRED PROVIDER AND TO THE INSURED,
SUBSCRIBER, OR OTHER COVERED PERSON; PROVIDED, HOWEVER, THAT IN EITHER
CASE THE INSURER, ORGANIZATION, OR CORPORATION LICENSED OR CERTIFIED
PURSUANT TO ARTICLE FORTY-THREE OR FORTY-SEVEN OF THIS CHAPTER OR ARTI-
CLE FORTY-FOUR OF THE PUBLIC HEALTH LAW SHALL BE REQUIRED TO SEND SUCH
BENEFIT PAYMENTS DIRECTLY TO THE PROVIDER WHO HAS THE ASSIGNMENT ON
FILE. WHEN PAYMENT IS MADE DIRECTLY TO A PROVIDER OF AMBULANCE SERVICES
AS AUTHORIZED BY THIS SECTION, THE INSURER, ORGANIZATION, OR CORPORATION
LICENSED OR CERTIFIED PURSUANT TO ARTICLE FORTY-THREE OR FORTY-SEVEN OF
THIS CHAPTER OR ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW SHALL GIVE
WRITTEN NOTICE OF SUCH PAYMENT TO THE INSURED, SUBSCRIBER, OR OTHER
COVERED PERSON.
(2) 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 AS
DEFINED UNDER SECTION THREE THOUSAND TWO HUNDRED FORTY-ONE OF THIS ARTI-
CLE, WHICH SHALL NOT BE EXCESSIVE OR UNREASONABLE.
(3) AN INSURER, ORGANIZATION, OR CORPORATION LICENSED OR CERTIFIED
PURSUANT TO ARTICLE FORTY-THREE OR FORTY-SEVEN OF THIS CHAPTER OR ARTI-
CLE FORTY-FOUR OF THE PUBLIC HEALTH LAW SHALL ENSURE THAT THE INSURED,
SUBSCRIBER, OR OTHER COVERED PERSON SHALL INCUR NO GREATER OUT-OF-POCKET
COSTS FOR AMBULANCE SERVICES PROVIDED BY A NONPARTICIPATING OR NONPRE-
FERRED PROVIDER THAN THE INSURED, SUBSCRIBER, OR OTHER COVERED PERSON
WOULD HAVE INCURRED WITH A PARTICIPATING OR PREFERRED PROVIDER OF SUCH
SERVICES.
(4) NOTHING CONTAINED IN THIS SECTION SHALL BE DEEMED TO PROHIBIT THE
PAYMENT OF DIFFERENT LEVELS OF BENEFITS OR FROM HAVING DIFFERENCES IN
COINSURANCE PERCENTAGES APPLICABLE TO BENEFIT LEVELS FOR SERVICES
PROVIDED BY PARTICIPATING OR PREFERRED PROVIDERS AND NONPARTICIPATING OR
NONPREFERRED PROVIDERS.
THE PROVISIONS OF THIS SUBSECTION SHALL NOT APPLY TO POLICIES THAT DO
NOT INCLUDE COVERAGE FOR AMBULANCE SERVICES.
§ 2. Subparagraphs (C) and (D) of paragraph 24 of subsection (i) of
section 3216 of the insurance law, as added by chapter 506 of the laws
of 2001, are amended to read as follows:
(C) 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. EXCEPT IN A CITY WITH A
POPULATION OF ONE MILLION OR MORE PERSONS, THE INSURER SHALL SEND SUCH
PAYMENTS DIRECTLY TO THE PROVIDER OF SUCH AMBULANCE SERVICES, IF THE
AMBULANCE SERVICE HAS ON FILE AN EXECUTED ASSIGNMENT OF BENEFITS FORM
WITH THE CLAIM.
(D) The provisions of this paragraph shall have no application to
transfers of patients between hospitals or health care facilities by an
ambulance service as described in subparagraph (A) of this paragraph
UNLESS SUCH SERVICES ARE COVERED UNDER THE POLICY.
§ 3. Subparagraphs (C) and (D) of paragraph 15 of subsection (l) of
section 3221 of the insurance law, as added by chapter 506 of the laws
of 2001, are amended to read as follows:
A. 250 3
(C) 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. EXCEPT IN A CITY WITH A
POPULATION OF ONE MILLION OR MORE PERSONS, THE INSURER SHALL SEND SUCH
PAYMENTS DIRECTLY TO THE PROVIDER OF SUCH AMBULANCE SERVICES, IF THE
AMBULANCE SERVICE HAS ON FILE AN EXECUTED ASSIGNMENT OF BENEFITS FORM
WITH THE CLAIM.
(D) The provisions of this paragraph shall have no application to
transfers of patients between hospitals or health care facilities by an
ambulance service as described in subparagraph (A) of this paragraph
UNLESS SUCH SERVICES ARE COVERED UNDER THE POLICY.
§ 4. Paragraphs 3 and 4 of subsection (aa) of section 4303 of the
insurance law, as added by chapter 506 of the laws of 2001, are amended
to read as follows:
(3) 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. EXCEPT IN A CITY WITH A
POPULATION OF ONE MILLION OR MORE PERSONS, THE INSURER SHALL SEND SUCH
PAYMENTS DIRECTLY TO THE PROVIDER OF SUCH AMBULANCE SERVICES, IF THE
AMBULANCE SERVICE HAS ON FILE AN EXECUTED ASSIGNMENT OF BENEFITS FORM
WITH THE CLAIM.
(4) The provisions of this subsection shall have no application to
transfers of patients between hospitals or health care facilities by an
ambulance service as described in paragraph one of this subsection
UNLESS SUCH SERVICES ARE COVERED UNDER THE POLICY.
§ 5. This act shall take effect January 1, 2025 and shall apply to
health care claims submitted for payment after such date.