A06077 Summary:

BILL NOA06077
 
SAME ASNo Same As
 
SPONSORWeprin
 
COSPNSR
 
MLTSPNSR
 
Amd R4533-a, CPLR
 
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.
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A06077 Actions:

BILL NOA06077
 
04/03/2023referred to judiciary
01/03/2024referred to judiciary
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A06077 Committee Votes:

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A06077 Floor Votes:

There are no votes for this bill in this legislative session.
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A06077 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6077
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      April 3, 2023
                                       ___________
 
        Introduced by M. of A. WEPRIN -- read once and referred to the Committee
          on Judiciary
 
        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
    19  least  ten  days  before the trial. No more than [one bill] two bills or
    20  [invoice] invoices from the same person, firm or corporation to the same
    21  debtor shall be admissible in evidence  under  this  rule  in  the  same
    22  action,  the  second  bill  to be only for services, supplies or repairs
    23  which pertain to such claim, supplemental to the  first  bill  from  the
    24  same  provider, and providing that the sum of both bills does not exceed
    25  ten thousand dollars.   This  subdivision  shall  not  apply  to  bills,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05517-01-3

        A. 6077                             2

     1  invoices, services, or supplies in proceedings brought pursuant to arti-
     2  cle fifty-one of the insurance law.
     3    (b) For expenses including supplies and services of medical facilities
     4  and  providers  paid by workers' compensation pursuant to article two of
     5  the workers' compensation law or automobile no fault pursuant to article
     6  fifty-one of the insurance law, or paid by carriers such as Blue  Cross,
     7  medicare, medicaid and other third-party payers, an itemized bill of the
     8  payor,  either  certified  or  attested under oath, shall be prima facie
     9  evidence of such expenses paid and of the reasonableness for purposes of
    10  the action, provided notice is served upon each party as  set  forth  in
    11  subdivision (a) of this rule.
    12    §  2.  This  act shall take effect on the ninetieth day after it shall
    13  have become a law.
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