Bill Text: NY A06211 | 2019-2020 | General Assembly | Amended
Bill Title: Authorizes payments to nonparticipating or nonpreferred providers of ambulance services licensed under article 30 of the public health law; exempts a city with a population of one million or more persons.
Spectrum: Moderate Partisan Bill (Democrat 35-6)
Status: (Introduced - Dead) 2020-01-08 - referred to codes [A06211 Detail]
Download: New_York-2019-A06211-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6211--B 2019-2020 Regular Sessions IN ASSEMBLY March 4, 2019 ___________ Introduced by M. of A. MAGNARELLI, ZEBROWSKI, STIRPE, COOK, GOTTFRIED, WOERNER, FAHY, MOSLEY, FINCH, MONTESANO, SANTABARBARA, BLAKE, PEOPLES-STOKES, GALEF, COLTON, GUNTHER, OTIS, BRONSON, RAIA, HUNTER, JAFFEE -- Multi-Sponsored by -- M. of A. ARROYO, CROUCH, GANTT, HEVE- SI, JOHNS, KOLB, PERRY -- read once and referred to the Committee on Insurance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Rules -- Rules Committee discharged, bill amended, ordered reprinted as amended and recommitted to the Committee on Rules 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: 1 Section 1. Section 3224-a of the insurance law is amended by adding a 2 new subsection (k) to read as follows: 3 (k) Payments to nonparticipating or nonpreferred providers of ambu- 4 lance services licensed under article thirty of the public health law. 5 (1) Except in a city with a population of one million or more persons, 6 whenever an insurer or an organization, or corporation licensed or 7 certified pursuant to article forty-three or forty-seven of this chapter 8 or article forty-four of the public health law provides that any health 9 care claims submitted under contracts or agreements issued or entered 10 into pursuant to this article or article forty-two, forty-three or 11 forty-seven of this chapter and article forty-four of the public health 12 law are payable to a participating or preferred provider of ambulance 13 services for services rendered, the insurer, organization, or corpo- 14 ration licensed or certified pursuant to article forty-three or forty- 15 seven of this chapter or article forty-four of the public health law 16 shall be required to pay such benefits either directly to any similarly 17 licensed nonparticipating or nonpreferred provider at the usual and 18 customary charge as defined under section three thousand two hundred EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00646-04-9A. 6211--B 2 1 forty-one of this article, which shall not be excessive or unreasonable, 2 when the provider has rendered such services, has on file a duly 3 executed assignment of benefits, and has caused notice of such assign- 4 ment to be given to the insurer, organization, or corporation licensed 5 or certified pursuant to article forty-three or forty-seven of this 6 chapter or article forty-four of the public health law or jointly to 7 such nonparticipating or nonpreferred provider and to the insured, 8 subscriber, or other covered person; provided, however, that in either 9 case the insurer, organization, or corporation licensed or certified 10 pursuant to article forty-three or forty-seven of this chapter or arti- 11 cle forty-four of the public health law shall be required to send such 12 benefit payments directly to the provider who has the assignment on 13 file. When payment is made directly to a provider of ambulance services 14 as authorized by this section, the insurer, organization, or corporation 15 licensed or certified pursuant to article forty-three or forty-seven of 16 this chapter or article forty-four of the public health law shall give 17 written notice of such payment to the insured, subscriber, or other 18 covered person. 19 (2) An insurer shall provide reimbursement for those services 20 prescribed by this section at rates negotiated between the insurer and 21 the provider of such services. In the absence of agreed upon rates, an 22 insurer shall pay for such services at the usual and customary charge as 23 defined under section three thousand two hundred forty-one of this arti- 24 cle, which shall not be excessive or unreasonable. 25 (3) An insurer, organization, or corporation licensed or certified 26 pursuant to article forty-three or forty-seven of this chapter or arti- 27 cle forty-four of the public health law shall ensure that the insured, 28 subscriber, or other covered person shall incur no greater out-of-pocket 29 costs for ambulance services provided by a nonparticipating or nonpre- 30 ferred provider than the insured, subscriber, or other covered person 31 would have incurred with a participating or preferred provider of such 32 services. 33 (4) Nothing contained in this section shall be deemed to prohibit the 34 payment of different levels of benefits or from having differences in 35 coinsurance percentages applicable to benefit levels for services 36 provided by participating or preferred providers and nonparticipating or 37 nonpreferred providers. 38 The provisions of this subsection shall not apply to policies that do 39 not include coverage for ambulance services. 40 § 2. Subparagraphs (C) and (D) of paragraph 24 of subsection (i) of 41 section 3216 of the insurance law, as added by chapter 506 of the laws 42 of 2001, are amended to read as follows: 43 (C) An insurer shall provide reimbursement for those services 44 prescribed by this section at rates negotiated between the insurer and 45 the provider of such services. In the absence of agreed upon rates, an 46 insurer shall pay for such services at the usual and customary charge, 47 which shall not be excessive or unreasonable. Except in a city with a 48 population of one million or more persons, the insurer shall send such 49 payments directly to the provider of such ambulance services, if the 50 ambulance service has on file an executed assignment of benefits form 51 with the claim. 52 (D) The provisions of this paragraph shall have no application to 53 transfers of patients between hospitals or health care facilities by an 54 ambulance service as described in subparagraph (A) of this paragraph 55 unless such services are covered under the policy.A. 6211--B 3 1 § 3. Subparagraphs (C) and (D) of paragraph 15 of subsection (l) of 2 section 3221 of the insurance law, as added by chapter 506 of the laws 3 of 2001, are amended to read as follows: 4 (C) An insurer shall provide reimbursement for those services 5 prescribed by this section at rates negotiated between the insurer and 6 the provider of such services. In the absence of agreed upon rates, an 7 insurer shall pay for such services at the usual and customary charge, 8 which shall not be excessive or unreasonable. Except in a city with a 9 population of one million or more persons, the insurer shall send such 10 payments directly to the provider of such ambulance services, if the 11 ambulance service has on file an executed assignment of benefits form 12 with the claim. 13 (D) The provisions of this paragraph shall have no application to 14 transfers of patients between hospitals or health care facilities by an 15 ambulance service as described in subparagraph (A) of this paragraph 16 unless such services are covered under the policy. 17 § 4. Paragraphs 3 and 4 of subsection (aa) of section 4303 of the 18 insurance law, as added by chapter 506 of the laws of 2001, are amended 19 to read as follows: 20 (3) An insurer shall provide reimbursement for those services 21 prescribed by this section at rates negotiated between the insurer and 22 the provider of such services. In the absence of agreed upon rates, an 23 insurer shall pay for such services at the usual and customary charge, 24 which shall not be excessive or unreasonable. Except in a city with a 25 population of one million or more persons, the insurer shall send such 26 payments directly to the provider of such ambulance services, if the 27 ambulance service has on file an executed assignment of benefits form 28 with the claim. 29 (4) The provisions of this subsection shall have no application to 30 transfers of patients between hospitals or health care facilities by an 31 ambulance service as described in paragraph one of this subsection 32 unless such services are covered under the policy. 33 § 5. This act shall take effect January 1, 2021 and shall apply to 34 health care claims submitted for payment after such date.