NYFAIR: NEW YORKERS FOR FAIR
AUTOMOBILE INSURANCE REFORM

NYFAIR is dedicated to protecting access to quality health care for automobile accident victims


 
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The following is a list of bills pending in the New York State Legislature that NYFAIR is monitoring.  Herein you will find a link to the subject bill, NYFAIR’s position on the bill, and an email link to the legislator sponsoring the bill, to whom you can direct any comments/concerns you may have.
 

Bill Number

Subject Matter

Sponsor’s email address

NYFAIR’s Position

Text of Bill

A10534
A bill that would eliminate an accident victim's right to receive treatment in exchange for an assignment of benefits. It severely restricts patients' rights to assign the payment of benefits to health care providers. An assignment would be valid only where "coverage and compliance with ...insurance policy terms by the covered person...are not in dispute." Only the covered person would be able to challenge insurance company's decisions regarding compliance, thereby not only placing the burden of challenging the decision on the accident victim, but also preventing a health care provider from presenting a challenge against the insurance carrier. It even further prohibits a health care provider from pursuing payment unless the patient seeks and obtains a "determination" that coverage does not exist.
morellej@assembly.state.ny.us

A06286
and
S2816A
A bill that makes it harder for accident victims and their doctors to be paid, and easier for carrier’s to avoid payment.  Insurance company does not have to tell you why the claim is not being paid, and can come up with new reasons at any time.  Restricts patient's rights to assign benefits.  Requires patients to pay for some treatment out of pocket.  Shifts the burden of proof away from the carrier and onto the doctors.  Denies access to the courthouse.   Gives the Insurance Department (not the Health Department) the sole practically unfettered right to prohibit a doctor from receiving payment (even for treatment already rendered).  Establishes mandatory treatment guidelines.
morellej@assembly.state.ny.us
seward@senate.state.ny.us
A3787
and
S3444

Enacts the Automobile Insurance Fraud Prevention Act of 2011.  Lifts the preclusion penalty as it relates to evidence that the services were not rendered or the billing exceeded the fee limitations by more than 10%.  Improves arbitration by requiring arbitrators to consider substantive law, expanding the right to appeal, limiting the collateral estopple effect of decisions, and removing the prohibition against resolving separate disputes from the same accident in alternative forums.  Provides simplified evidentiary rules for the trial of overdue no-fault claim.  Expands the definition of serious physical injury.  Provides for coverage for innocent victims of intentional "accidents". Expands the Insurance Department’s ability to prohibit providers from treating accident victims if there has been a finding of wrongdoing.

NYFAIR's
position
Program Bill 288
An Act to eliminate the preclusion penalty; limit access to the courthouse; and fine and "decertify" providers of health care services.

(memo in support)
 

A04348 and S6448

Provides that payment of interest payment and attorney fees to claimant when payment of a claim is overdue shall be exclusive remedy when insurer fails to make timely payment; such failure of insurer to make timely payment or issue denial within 30 days after proof of claim has been submitted to insurer shall not preclude such insurer from issuing a denial or asserting a defense after the 30 day period has elapsed.

Pending
A proposed law that would allow insurance carriers to deny medical claims with only written documents of experts, and take away the fundamental right of medical providers to cross-examine those experts in court.
Pending

A1746

Enacts the "automobile insurance consumer information act"; provides for automobile insurance consumer information and complaint ranking; creates office of public insurance consumer advocate and powers and duties therefor; makes related provisions.


A02964

Enacts the New York automobile insurance fraud and premium reduction act; provides that this act is aimed at reducing insurance fraud and thus lowering the cost of insurance premiums; provides a provision for compensation to a person that reports insurance fraud to the authorities; further provides that this act also increases the penalty for insurance fraud; appropriates $3,100,000 therefor.


A01538B and S6559

Directs the superintendent of insurance to promulgate rules and regulations limiting the use of credit scores to determine automobile insurance premiums


S4320

Reduces the cost of auto insurance for any automobile equipped with side door airbags


S6449

Clarifies remedy for overdue first party claim under no-fault automobile insurance and increases penalties for insurance fraud.


A3485 and S01187

Reduces a retired or disabled owner's no fault insurance premium by providing appropriate automobile insurance rates to reflect a reduced exposure to loss due to situations where drivers either have no wages to lose or are covered for lost wages by another first payer insurance policy; defines "retired" and "disabled".


A03694 and S2772

Establishes an insurer may not exclude basic economic loss from certain coverages; establishes where a covered person is guilty of operating a motor vehicle under the influence of alcohol or drugs that an insurer has a cause of action for the amount of first party benefits paid or payable on behalf of such covered person against such covered person.


A06275

Provides that with respect to a serious personal injury action still permissible under the no-fault insurance system, the award or decision of an arbitrator or master arbitrator rendered in a no-fault arbitration will not constitute a collateral estoppel of the issues arbitrated.


A07714

Establishes certain terms to be included in no-fault automobile liability insurance policies; provides that any covered person under such a policy shall have 6 months to provide the insurer of his or her claim for compensation; authorizes service of notice of claim upon the state insurance fund when the appropriate insurer liable for a claim cannot be ascertained; authorizes extensions of the 6 month filing requirement if the claimant has a reasonable justification based on the preponderance of the evidence.


A08798

Relates to requiring all no-fault insurance claims to be submitted to arbitration.


A7128 and S03552

Relates to unauthorized providers of health services.


A03694 and S2772

Establishes an insurer may not exclude basic economic loss from certain coverages; establishes where a covered person is guilty of operating a motor vehicle under the influence of alcohol or drugs that an insurer has a cause of action for the amount of first party benefits paid or payable on behalf of such covered person against such covered person.


A10738 and S7531
Requires all motor vehicle insurers to file annual detailed financial and claim data statements with the superintendent of insurance; all such  statements shall be made available to the public.
 
A10739
Adds to the definition of serious injury and relates to determining the sufficiency of the evidence related to the serious injury; question of fact determined by the trier.
 
 
 

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