STATE OF NEW YORK
________________________________________________________________________
3542
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 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 (j) to read as follows:
3 (j) Payments to nonparticipating or nonpreferred providers of ambu-
4 lance services licensed under article thirty of the public health law.
5 (1) Whenever an insurer or an organization, or corporation licensed or
6 certified pursuant to article forty-three or forty-seven of this chapter
7 or article forty-four of the public health law provides that any health
8 care claims submitted under contracts or agreements issued or entered
9 into pursuant to this article or article forty-two, forty-three or
10 forty-seven of this chapter and article forty-four of the public health
11 law are payable to a participating or preferred provider of ambulance
12 services for services rendered, the insurer, organization, or corpo-
13 ration licensed or certified pursuant to article forty-three or forty-
14 seven of this chapter or article forty-four of the public health law
15 shall be required to pay such benefits either directly to any similarly
16 licensed nonparticipating or nonpreferred provider at the usual and
17 customary charge, which shall not be excessive or unreasonable, when the
18 provider has rendered such services, has a written assignment of bene-
19 fits, and has caused written notice of such assignment to be given to
20 the insurer, organization, or corporation licensed or certified pursuant
21 to article forty-three or forty-seven of this chapter or article forty-
22 four of the public health law or jointly to such nonparticipating or
23 nonpreferred provider and to the insured, subscriber, or other covered
24 person; provided, however, that in either case the insurer, organiza-
25 tion, or corporation licensed or certified pursuant to article forty-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06549-02-3
S. 3542 2
1 three or forty-seven of this chapter or article forty-four of the public
2 health law shall be required to send such benefit payments directly to
3 the provider who has the written assignment. When payment is made
4 directly to a provider of ambulance services as authorized by this
5 section, the insurer, organization, or corporation licensed or certified
6 pursuant to article forty-three or forty-seven of this chapter or arti-
7 cle forty-four of the public health law shall give written notice of
8 such payment to the insured, subscriber, or other covered person.
9 (2) An insurer shall provide reimbursement for those services
10 prescribed by this section at rates negotiated between the insurer and
11 the provider of such services. In the absence of agreed upon rates, an
12 insurer shall pay for such services at the usual and customary charge,
13 which shall not be excessive or unreasonable.
14 (3) Nothing contained in this section shall be deemed to prohibit the
15 payment of different levels of benefits or from having differences in
16 coinsurance percentages applicable to benefit levels for services
17 provided by participating or preferred providers and nonparticipating or
18 nonpreferred providers.
19 The provisions of this section shall not apply to policies that do not
20 include coverage for ambulance services.
21 § 2. Subparagraphs (C) and (D) of paragraph 24 of subsection (i) of
22 section 3216 of the insurance law, as added by chapter 506 of the laws
23 of 2001, are amended to read as follows:
24 (C) An insurer shall provide reimbursement for those services
25 prescribed by this section at rates negotiated between the insurer and
26 the provider of such services. In the absence of agreed upon rates, an
27 insurer shall pay for such services at the usual and customary charge,
28 which shall not be excessive or unreasonable. The insurer shall send
29 such payments directly to the provider of such ambulance services, if
30 the ambulance service includes an executed assignment of benefits form
31 with the claim.
32 (D) The provisions of this paragraph shall have no application to
33 transfers of patients between hospitals or health care facilities by an
34 ambulance service as described in subparagraph (A) of this paragraph
35 unless such services are covered under the policy.
36 § 3. Subparagraphs (C) and (D) of paragraph 15 of subsection (l) of
37 section 3221 of the insurance law, as added by chapter 506 of the laws
38 of 2001, are amended to read as follows:
39 (C) An insurer shall provide reimbursement for those services
40 prescribed by this section at rates negotiated between the insurer and
41 the provider of such services. In the absence of agreed upon rates, an
42 insurer shall pay for such services at the usual and customary charge,
43 which shall not be excessive or unreasonable. The insurer shall send
44 such payments directly to the provider of such ambulance services, if
45 the ambulance service includes an executed assignment of benefits form
46 with the claim.
47 (D) The provisions of this paragraph shall have no application to
48 transfers of patients between hospitals or health care facilities by an
49 ambulance service as described in subparagraph (A) of this paragraph
50 unless such services are covered under the policy.
51 § 4. Paragraphs 3 and 4 of subsection (aa) of section 4303 of the
52 insurance law, as added by chapter 506 of the laws of 2001, are amended
53 to read as follows:
54 (3) An insurer shall provide reimbursement for those services
55 prescribed by this section at rates negotiated between the insurer and
56 the provider of such services. In the absence of agreed upon rates, an
S. 3542 3
1 insurer shall pay for such services at the usual and customary charge,
2 which shall not be excessive or unreasonable. The insurer shall send
3 such payments directly to the provider of such ambulance services, if
4 the ambulance service includes an executed assignment of benefits form
5 with the claim.
6 (4) The provisions of this subsection shall have no application to
7 transfers of patients between hospitals or health care facilities by an
8 ambulance service as described in paragraph one of this subsection
9 unless such services are covered under the policy.
10 § 5. This act shall take effect January 1, 2014 and shall apply to
11 health care claims submitted for payment after such date.
