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.
STATE OF NEW YORK
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5262--C
Cal. No. 154
2009-2010 Regular Sessions
IN SENATE
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 § 2. This act shall take effect on the ninetieth day after it shall
18 have become a law.
