STATE OF NEW YORK ________________________________________________________________________ 1465 2023-2024 Regular Sessions IN SENATE January 12, 2023 ___________ Introduced by Sens. BRESLIN, ADDABBO, GALLIVAN, HELMING, PERSAUD, SKOUF- IS -- 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 reimbursement for ambulance services The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph 24 of subsection (i) of section 3216 of the 2 insurance law is amended by adding a new subparagraph (F) to read as 3 follows: 4 (F) An insurer who issues reimbursement under this paragraph shall 5 submit such payments either directly to the provider at the rates nego- 6 tiated between the provider and the insurer, or if no rate has been 7 negotiated between the provider and insurer, then to the insured in the 8 form of a joint check specifying as payees both the insured and the 9 provider of ambulance services, at the usual and customary charge, which 10 shall not be excessive or unreasonable; provided however, if the provid- 11 er of ambulance services has on file a duly executed assignment of bene- 12 fits for such services to the insurer, notwithstanding any policy 13 language to the contrary, the issuer shall accept such assignment of 14 benefits and the insurer shall issue reimbursement solely to the provid- 15 er. An insurer issuing payment in the form of a joint check shall notify 16 the provider via electronic communication of the issuance of such 17 payment. The notification shall include the name of the patient, the 18 date of service, the date of payment, the amount of payment and the 19 address to which the payment was sent. 20 § 2. Paragraph 15 of subsection (1) of section 3221 of the insurance 21 law is amended by adding a new subparagraph (F) to read as follows: 22 (F) An insurer who issues reimbursement under this paragraph shall 23 submit such payments either directly to the provider at the rates nego- 24 tiated between the provider and the insurer, or if no rate has been EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05290-01-3S. 1465 2 1 negotiated between the provider and insurer, then to the insured in the 2 form of a joint check specifying as payees both the insured and the 3 provider of ambulance services, at the usual and customary charge, which 4 shall not be excessive or unreasonable; provided however, if the provid- 5 er of ambulance services has on file a duly executed assignment of bene- 6 fits for such services to the insurer, notwithstanding any policy 7 language to the contrary, the insurer shall accept such assignment of 8 benefits and the insurer shall issue reimbursement solely to the provid- 9 er. An insurer issuing payment in the form of a joint check shall notify 10 the provider via electronic communication of the issuance of such 11 payment. The notification shall include the name of the patient, the 12 date of service, the date of payment, the amount of payment and the 13 address to which the payment was sent. 14 § 3. Subsection (aa) of section 4303 of the insurance law is amended 15 by adding a new paragraph 6 to read as follows: 16 (6) An insurer who issues reimbursement under this subsection shall 17 submit such payments either directly to the provider at the rates nego- 18 tiated between the provider and the insurer, or if no rate has been 19 negotiated between the provider and insurer, then to the insured in the 20 form of a joint check specifying as payees both the insured and the 21 provider of ambulance services, at the usual and customary charge, which 22 shall not be excessive or unreasonable; provided however, if the provid- 23 er of ambulance services has on file a duly executed assignment of bene- 24 fits for such services to the insurer, notwithstanding any policy 25 language to the contrary, the insurer shall accept such assignment of 26 benefits and the insurer shall issue reimbursement solely to the provid- 27 er. An insurer issuing payment in the form of a joint check shall notify 28 the provider via electronic communication of the issuance of such 29 payment. The notification shall include the name of the patient, the 30 date of service, the date of payment, the amount of payment and the 31 address to which the payment was sent. 32 § 4. This act shall take effect immediately.