Bill Text: NY S03540 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to coverage for certain benefits under comprehensive motor vehicle insurance; prohibits assignment of benefits to durable medical equipment providers unless approved.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO INSURANCE [S03540 Detail]

Download: New_York-2013-S03540-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3540
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   February 5, 2013
                                      ___________
       Introduced  by  Sen.  SEWARD -- 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 coverage  for  certain
         benefits under comprehensive motor vehicle insurance
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 5102 of the insurance law is amended  by  adding  a
    2  new subsection (n) to read as follows:
    3    (N)  "HEALTH  SERVICE  PROVIDER" MEANS ANY MEDICAL PROVIDER OR DURABLE
    4  MEDICAL EQUIPMENT SUPPLIER THAT SUBMITS A BILL FOR PAYMENT  UNDER  BENE-
    5  FITS DEFINED AND PROVIDED BY THIS SECTION FOR ANY OF THE FOLLOWING:
    6    (1)  MEDICAL, HOSPITAL (INCLUDING SERVICES RENDERED IN COMPLIANCE WITH
    7  ARTICLE FORTY-ONE OF THE PUBLIC HEALTH LAW, WHETHER OR NOT SUCH SERVICES
    8  ARE RENDERED DIRECTLY BY A HOSPITAL), SURGICAL, NURSING,  DENTAL,  AMBU-
    9  LANCE, X-RAY, PRESCRIPTION DRUG AND PROSTHETIC SERVICES OR EQUIPMENT;
   10    (2) PSYCHIATRIC, PHYSICAL THERAPY (PROVIDED THAT TREATMENT IS RENDERED
   11  PURSUANT TO A REFERRAL) AND OCCUPATIONAL THERAPY AND REHABILITATION;
   12    (3)  ANY NONMEDICAL REMEDIAL CARE AND TREATMENT RENDERED IN ACCORDANCE
   13  WITH A RELIGIOUS METHOD OF HEALING RECOGNIZED BY THE LAWS OF THIS STATE;
   14  AND
   15    (4) ANY OTHER PROFESSIONAL HEALTH SERVICES.
   16    S 2. The insurance law is amended by adding a new section 5110 to read
   17  as follows:
   18    S 5110. CHARGES FOR DURABLE MEDICAL EQUIPMENT. (A)  A  COVERED  PERSON
   19  SHALL  NOT  ASSIGN  CLAIMS  FOR MEDICAL EXPENSES UNDER THIS ARTICLE TO A
   20  HEALTH SERVICE PROVIDER FOR DURABLE MEDICAL EQUIPMENT UNLESS THE  HEALTH
   21  SERVICE  PROVIDER  HAS  BEEN APPROVED BY THE NATIONAL SUPPLIER CLEARING-
   22  HOUSE AS AN AUTHORIZED MEDICARE SUPPLIER OF DURABLE  MEDICAL  EQUIPMENT,
   23  PROSTHETICS,  ORTHOTICS  AND  SUPPLIES.    FOR PURPOSES OF THIS SECTION,
   24  DURABLE MEDICAL EQUIPMENT INCLUDES,  BUT  IS  NOT  LIMITED  TO,  DURABLE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08138-01-3
       S. 3540                             2
    1  MEDICAL  EQUIPMENT  AND  SUPPLIES, MEDICAL/SURGICAL SUPPLIES, ORTHOPEDIC
    2  FOOTWEAR AND ORTHOTIC AND PROSTHETIC APPLIANCES.
    3    (B)  NO HEALTH SERVICE PROVIDER SHALL BE ELIGIBLE TO DEMAND OR REQUEST
    4  PAYMENT FROM AN INSURER FOR DURABLE MEDICAL EQUIPMENT  UNLESS  THE  MAKE
    5  AND  MODEL  NUMBER  OF THE EQUIPMENT IS SET FORTH ON THE INVOICE FOR THE
    6  EQUIPMENT.
    7    S 3. This act shall take effect immediately.