Relates to coverage for certain benefits under comprehensive motor vehicle insurance; prohibits assignment of benefits to durable medical equipment providers unless approved.
STATE OF NEW YORK
________________________________________________________________________
3540
2013-2014 Regular Sessions
IN SENATE
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 § 2. The insurance law is amended by adding a new section 5110 to read
17 as follows:
18 § 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 § 3. This act shall take effect immediately.
