Relates to actions by health care providers against patients; provides that it shall be an affirmative defense to an action by a health care provider against a patient for recovery of payment for an outstanding bill that such health care provider failed to submit such insurance claim to the patient's insurer in a timely manner.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3149
SPONSOR: Colton (MS) TITLE OF BILL:
An act to amend the insurance law, in relation to actions by health care
providers against patients
PURPOSE:
To protect patients from actions by health care providers to recover
payments for an outstanding bill, when the health care provider failed
to submit the insurance claim to the patient's insurer in a timely
manner.
SUMMARY OF PROVISIONS:
The insurance law is amended by adding a new § 3224-c, which provides
that failure to submit an insurance claim to the patient's insurer in a
timely manner shall be an affirmative defense to civil actions brought
by a health care provider against a patient to recover payment for an
outstanding bill.
JUSTIFICATION:
When a health care provider fails to submit the insurance claim to the
patient's insurer in a timely manner, the patient should not be held
responsible when civil actions are brought against the patient to
recover payment for the outstanding bill.
PRIOR LEGISLATIVE HISTORY:
2024: A.2558/Insurance
2022: A.3999/Insurance
2020: A.4834/Insurance S.2923/PASSED Senate
FISCAL IMPLICATIONS:
NONE.
EFFECTIVE DATE: This act shall take effect on the ninetieth day after
it shall have become a law, and shall apply to civil actions brought on
or after such effective date.
STATE OF NEW YORK
________________________________________________________________________
3149
2025-2026 Regular Sessions
IN ASSEMBLY
January 23, 2025
___________
Introduced by M. of A. COLTON, MILLER, CRUZ, SAYEGH, EPSTEIN, HYNDMAN,
STIRPE, TAYLOR, DAVILA -- Multi-Sponsored by -- M. of A. COOK, RIVERA
-- read once and referred to the Committee on Insurance
AN ACT to amend the insurance law, in relation to actions by health care
providers against patients
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The insurance law is amended by adding a new section 3224-e
2 to read as follows:
3 § 3224-e. Actions by health care providers related to insurance
4 claims. In any action brought by a health care provider against a
5 patient to recover payment for an outstanding bill, for services
6 rendered by such health care provider, it shall be an affirmative
7 defense to such action that the health care provider failed to submit
8 the insurance claim to the patient's insurer in a timely manner.
9 § 2. This act shall take effect on the ninetieth day after it shall
10 have become a law, and shall apply to civil actions brought on or after
11 such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06504-01-5
