Bill Text: NY S03685 | 2019-2020 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Provides that authorities having control of a fire department or fire company which provides emergency medical services may establish fees and charges for services.
Spectrum: Slight Partisan Bill (Democrat 7-4)
Status: (Engrossed - Dead) 2020-07-21 - referred to local governments [S03685 Detail]
Download: New_York-2019-S03685-Amended.html
Bill Title: Provides that authorities having control of a fire department or fire company which provides emergency medical services may establish fees and charges for services.
Spectrum: Slight Partisan Bill (Democrat 7-4)
Status: (Engrossed - Dead) 2020-07-21 - referred to local governments [S03685 Detail]
Download: New_York-2019-S03685-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3685--A 2019-2020 Regular Sessions IN SENATE February 12, 2019 ___________ Introduced by Sens. BROOKS, LITTLE -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general municipal law and the town law, in relation to authorizing fees and charges for emergency medical services; and to amend the insurance law, in relation to payments to prehospital emer- gency medical services providers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 4 of section 209-b of the general municipal 2 law, as amended by chapter 476 of the laws of 2018, is amended to read 3 as follows: 4 4. Fees and charges [prohibited] authorized. (a) Emergency and gener- 5 al ambulance service, including emergency medical service as defined in 6 section three thousand one of the public health law, authorized pursuant 7 to this section [shall] may be furnished without cost to the person 8 served; provided, however, that the authorities having control of a fire 9 department or fire company that have authorized such fire department or 10 fire company to provide such service or services may fix a schedule of 11 fees or charges to be paid by persons requesting such service or 12 services. The authorities having control of a fire department or fire 13 company may provide for the collection of fees and charges or may formu- 14 late rules and regulations for the collection thereof by the fire 15 department or fire company. When fees and charges are authorized pursu- 16 ant to this subdivision, the fees and charges collected shall be 17 disbursed in accordance with a written contract entered into between the 18 authority having control of a fire department of fire company and the 19 fire department or fire company itself. The acceptance by any fire- 20 fighter of any personal remuneration or gratuity, directly or indirect- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02799-04-9S. 3685--A 2 1 ly, from a person served shall be a ground for his or her expulsion or 2 suspension as a member of the fire department or fire company. 3 (b) Notwithstanding the provisions of paragraph (a) of this subdivi- 4 sion, a basic life support service which establishes a schedule of fees 5 for service shall enter into a contract with a provider or providers of 6 advanced life support services to provide such advanced life support 7 services. Such contract shall at a minimum establish the fees for 8 advanced life support services and the means by which said provider will 9 be reimbursed when the ambulance service bills for emergency medical 10 service. 11 § 2. Paragraph (e) of subdivision 1 of section 122-b of the general 12 municipal law, as amended by chapter 303 of the laws of 1980, is amended 13 to read as follows: 14 (e) [No] A contract [shall] may be entered into pursuant to the 15 provisions of this section for the services of an emergency rescue and 16 first aid squad of a fire department or fire company which is subject to 17 the provisions of section two hundred nine-b of [the general municipal18law] this chapter; 19 § 3. Subdivision 1 of section 184 of the town law, as amended by chap- 20 ter 599 of the laws of 1994, is amended to read as follows: 21 1. Whenever the town board shall have established or extended a fire 22 protection district pursuant to the provisions of this article, the town 23 board shall provide for the furnishing of fire protection within the 24 district and for that purpose may (a) contract with any city, village, 25 fire district or incorporated fire company maintaining adequate and 26 suitable apparatus and appliances for the furnishing of fire protection 27 in such district or (b) may acquire by gift or purchase such apparatus 28 and appliances for use in such district and may contract with any city, 29 village, fire district or incorporated fire company for operation, main- 30 tenance, and repair of the same and for the furnishing of fire 31 protection in such district, or both. The contract may also provide for 32 the furnishing of (1) emergency service in case of accidents, calamities 33 or other emergencies in connection with which the services of firefight- 34 ers would be required and (2) general ambulance service subject, howev- 35 er, to the provisions of section two hundred nine-b of the general 36 municipal law. In the event that the fire department or fire company 37 furnishing fire protection within the district pursuant to contract does 38 not maintain and operate an ambulance then a separate contract may be 39 made for the furnishing within the district of emergency ambulance 40 service or general ambulance service, or both, with any city, village or 41 fire district the fire department of which, or with an incorporated fire 42 company having its headquarters outside the district which, maintains 43 and operates an ambulance subject, however, in the case of general ambu- 44 lance service, to the provisions of section two hundred nine-b of the 45 general municipal law, or with an ambulance service, certified or regis- 46 tered pursuant to article thirty of the public health law[, which is not47organized under the provisions of section two hundred nine-b of the48general municipal law]. Any such contract with any such ambulance 49 service permitted herein shall be subject to the provisions of this 50 section. 51 § 4. Section 3224-a of the insurance law is amended by adding a new 52 subsection (k) to read as follows: 53 (k) Payments to nonparticipating or nonpreferred providers of ambu- 54 lance services licensed under article thirty of the public health law. 55 (1) Whenever an insurer or an organization, or corporation licensed or 56 certified pursuant to article forty-three or forty-seven of this chapterS. 3685--A 3 1 or article forty-four of the public health law provides that any health 2 care claims submitted under contracts or agreements issued or entered 3 into pursuant to this article or article forty-two, forty-three or 4 forty-seven of this chapter and article forty-four of the public health 5 law are payable to a participating or preferred provider of ambulance 6 services for services rendered, the insurer, organization, or corpo- 7 ration licensed or certified pursuant to article forty-three or forty- 8 seven of this chapter or article forty-four of the public health law 9 shall be required to pay such benefits either directly to any similarly 10 licensed nonparticipating or nonpreferred provider at the usual and 11 customary charge, which shall not be excessive or unreasonable, when the 12 provider has rendered such services, has a written assignment of bene- 13 fits, and has caused written notice of such assignment to be given to 14 the insurer, organization, or corporation licensed or certified pursuant 15 to article forty-three or forty-seven of this chapter or article forty- 16 four of the public health law or jointly to such nonparticipating or 17 nonpreferred provider and to the insured, subscriber, or other covered 18 person; provided, however, that in either case the insurer, organiza- 19 tion, or corporation licensed or certified pursuant to article forty- 20 three or forty-seven of this chapter or article forty-four of the public 21 health law shall be required to send such benefit payments directly to 22 the provider who has the written assignment. When payment is made 23 directly to a provider of ambulance services as authorized by this 24 section, the insurer, organization, or corporation licensed or certified 25 pursuant to article forty-three or forty-seven of this chapter or arti- 26 cle forty-four of the public health law shall give written notice of 27 such payment to the insured, subscriber, or other covered person. 28 (2) An insurer shall provide reimbursement for those services 29 prescribed by this section at rates negotiated between the insurer and 30 the provider of such services. In the absence of agreed upon rates, an 31 insurer shall pay for such services at the usual and customary charge, 32 which shall not be excessive or unreasonable. 33 (3) 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 section shall not apply to policies that do not 39 include coverage for ambulance services. 40 § 5. 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. The insurer shall send 48 such payments directly to the provider of such ambulance services, if 49 the ambulance service includes an executed assignment of benefits form 50 with the claim. 51 (D) The provisions of this paragraph shall have no application to 52 transfers of patients between hospitals or health care facilities by an 53 ambulance service as described in subparagraph (A) of this paragraph 54 unless such services are covered under the policy.S. 3685--A 4 1 § 6. 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. The insurer shall send 9 such payments directly to the provider of such ambulance services, if 10 the ambulance service includes an executed assignment of benefits form 11 with the claim. 12 (D) The provisions of this paragraph shall have no application to 13 transfers of patients between hospitals or health care facilities by an 14 ambulance service as described in subparagraph (A) of this paragraph 15 unless such services are covered under the policy. 16 § 7. Paragraphs 3 and 4 of subsection (aa) of section 4303 of the 17 insurance law, as added by chapter 506 of the laws of 2001, are amended 18 to read as follows: 19 (3) 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, 23 which shall not be excessive or unreasonable. The insurer shall send 24 such payments directly to the provider of such ambulance services, if 25 the ambulance service includes an executed assignment of benefits form 26 with the claim. 27 (4) The provisions of this subsection shall have no application to 28 transfers of patients between hospitals or health care facilities by an 29 ambulance service as described in paragraph one of this subsection 30 unless such services are covered under the policy. 31 § 8. This act shall take effect on the ninetieth day after it shall 32 have become a law, except that sections four, five, six and seven of 33 this act shall take effect January 1, 2022, and shall apply to health 34 care claims submitted on or after such date.
