Bill Text: NY A00384 | 2011-2012 | General Assembly | Amended

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Bill Title: Facilitates payment of claims by health insurers to municipalities for early intervention services.

Spectrum: Strong Partisan Bill (Democrat 15-1)

Status: (Passed) 2011-08-17 - signed chap.406 [A00384 Detail]

Download: New_York-2011-A00384-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        384--B
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by M. of A. PAULIN, CAHILL, GALEF, PRETLOW, JAFFEE, LATIMER,
         ABINANTI -- Multi-Sponsored by -- M. of A. BOYLAND, BRENNAN,  GOODELL,
         HOOPER,  McENENY,  ORTIZ,  J. RIVERA,  WEISENBERG  --  read  once  and
         referred to the Committee on Insurance -- committee  discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee -- again reported from said  committee  with  amendments,  ordered
         reprinted as amended and recommitted to said committee
       AN ACT to amend the insurance law and the public health law, in relation
         to coverage of early intervention services
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subsection (c) of section 3235-a of the insurance  law,  as
    2  added  by  section  3  of  part  C  of chapter 1 of the laws of 2002, is
    3  amended and a new subsection (e) is added to read as follows:
    4    (c) Any right of subrogation to benefits which a municipality is enti-
    5  tled in accordance with paragraph (d) of subdivision  three  of  section
    6  twenty-five  hundred  fifty-nine of the public health law shall be valid
    7  and enforceable to the extent benefits are available under any  accident
    8  and health insurance policy. The right of subrogation does not attach to
    9  insurance benefits paid or provided under any accident and health insur-
   10  ance  policy  prior to receipt by the insurer of written notice from the
   11  municipality. UPON THE INSURER'S RECEIPT OF WRITTEN REQUEST  AND  NOTICE
   12  FROM THE MUNICIPALITY THAT SUCH RIGHT OF SUBROGATION HAS BEEN GRANTED TO
   13  SUCH  MUNICIPALITY  AND  THAT  THE INSURED HAS AUTHORIZED THE RELEASE OF
   14  INFORMATION TO THE MUNICIPALITY, THE INSURER SHALL PROVIDE  THE  MUNICI-
   15  PALITY  WITH  INFORMATION  ON  THE  EXTENT  OF BENEFITS AVAILABLE TO THE
   16  COVERED PERSON UNDER SUCH POLICY.
   17    (E) WRITTEN CLAIM FOR EARLY INTERVENTION  PROGRAM  SERVICES  SHALL  BE
   18  SUBMITTED  BY  THE  MUNICIPALITY  AS  THE  APPROVED  PROVIDER WITHIN ONE
   19  HUNDRED FIFTY DAYS FROM THE DATE OF SERVICE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00328-11-1
       A. 384--B                           2
    1    S 2.  Paragraph (a) of subdivision 3 of section  2559  of  the  public
    2  health  law  is  amended by adding two new subparagraphs (i) and (ii) to
    3  read as follows:
    4    (I)  PARENTS  SHALL PROVIDE AND THE MUNICIPALITY SHALL OBTAIN INFORMA-
    5  TION ON ANY PLAN OF INSURANCE UNDER WHICH AN ELIGIBLE CHILD  HAS  COVER-
    6  AGE.
    7    (II)  PARENTS  SHALL  PROVIDE THE MUNICIPALITY WITH A WRITTEN REFERRAL
    8  FROM A PRIMARY CARE PROVIDER AS DOCUMENTATION, FOR ELIGIBLE CHILDREN, OF
    9  THE MEDICAL NECESSITY OF EARLY INTERVENTION SERVICES.
   10    S 3. This act shall take effect immediately.