Bill Text: NY S05262 | 2009-2010 | General Assembly | Amended

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Bill Title: Provides that itemized bills or invoices, receipted or marked paid, for services, supplies or repairs of an amount not in excess of ten thousand dollars are admissible in evidence and are prima facie evidence of the reasonable value and necessity of such services, supplies or repairs itemized therein in any civil action.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-06-01 - AMENDED ON THIRD READING 5262C [S05262 Detail]

Download: New_York-2009-S05262-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5262--C
           Cal. No. 154
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    April 27, 2009
                                      ___________
       Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
         printed to be  committed  to  the  Committee  on  Codes  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to  said committee -- recommitted to the Committee on Codes in accord-
         ance with Senate Rule 6,  sec.  8  --  reported  favorably  from  said
         committee,  ordered  to  first  and  second report, ordered to a third
         reading, amended and ordered reprinted, retaining  its  place  in  the
         order of third reading -- again amended and ordered reprinted, retain-
         ing its place in the order of third reading
       AN  ACT  to amend the civil practice law and rules, in relation to bills
         as prima facie proof of damages
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Rule 4533-a of the civil practice law and rules, as amended
    2  by chapter 249 of the laws of 1988, is amended to read as follows:
    3    Rule  4533-a. [Prima] BILLS AS PRIMA facie proof of damages. [An item-
    4  ized bill] (A) ITEMIZED BILLS or [invoice] INVOICES, receipted or marked
    5  paid, for services, SUPPLIES or repairs of an amount not  in  excess  of
    6  [two]  TEN thousand dollars [is] ARE admissible in evidence and [is] ARE
    7  prima facie evidence of the  reasonable  value  and  necessity  of  such
    8  services,  SUPPLIES  or  repairs  itemized  therein  in any civil action
    9  provided [it] ANY SUCH BILL OR INVOICE  bears  a  certification  by  the
   10  person, firm or corporation, or an authorized agent or employee thereof,
   11  [rendering]  FURNISHING such services OR SUPPLIES or making such repairs
   12  and charging for the same, and contains a  verified  statement  that  no
   13  part  of  the  payment received therefor will be refunded to the debtor,
   14  and that the amounts itemized therein are the usual and customary  rates
   15  charged  for  such  services,  SUPPLIES or repairs by the affiant or his
   16  employer; and provided further that a true copy of such itemized bill or
   17  invoice together with a notice of intention to introduce  such  bill  or
   18  invoice into evidence pursuant to this rule is served upon each party at
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09269-07-0
       S. 5262--C                          2
    1  least  ten  days  before the trial. No more than [one bill] TWO BILLS or
    2  [invoice] INVOICES from the same person, firm or corporation to the same
    3  debtor shall be admissible in evidence  under  this  rule  in  the  same
    4  action,  THE  SECOND  BILL  TO BE ONLY FOR SERVICES, SUPPLIES OR REPAIRS
    5  WHICH PERTAIN TO SUCH CLAIM, SUPPLEMENTAL TO THE  FIRST  BILL  FROM  THE
    6  SAME  PROVIDER, AND PROVIDING THAT THE SUM OF BOTH BILLS DOES NOT EXCEED
    7  TEN THOUSAND DOLLARS.
    8    (B) FOR EXPENSES INCLUDING SUPPLIES AND SERVICES OF MEDICAL FACILITIES
    9  AND PROVIDERS PAYABLE BY WORKERS' COMPENSATION PURSUANT TO  ARTICLE  TWO
   10  OF  THE  WORKERS'  COMPENSATION  LAW  OR AUTOMOBILE NO FAULT PURSUANT TO
   11  ARTICLE FIFTY-ONE OF THE INSURANCE LAW, OR PAID BY CARRIERS SUCH AS BLUE
   12  CROSS, MEDICARE, MEDICAID AND OTHER THIRD-PARTY PAYERS, AN ITEMIZED BILL
   13  OF THE PAYEE, EITHER CERTIFIED OR ATTESTED UNDER OATH,  SHALL  BE  PRIMA
   14  FACIE  EVIDENCE  OF  SUCH  EXPENSES  PAID  AND OF THE REASONABLENESS FOR
   15  PURPOSES OF THE ACTION, PROVIDED NOTICE IS SERVED UPON EACH PARTY AS SET
   16  FORTH IN SUBDIVISION (A) OF THIS RULE.
   17    S 2. This act shall take effect on the ninetieth day  after  it  shall
   18  have become a law.