STATE OF NEW YORK ________________________________________________________________________ 10332 IN ASSEMBLY May 13, 2022 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Septimo) -- read once and referred to the Committee on Insurance AN ACT to amend the insurance law, in relation to the coordination of no-fault benefits for persons injured in motor vehicle accidents 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 5110 2 to read as follows: 3 § 5110. Payment for services provided for motor vehicle injuries. 1. 4 Any provider of treatment to any covered person, who renders care or 5 supplies a product within seventy-two hours of the motor vehicle acci- 6 dent, in the absence of fraud or deception by the claimant, is conclu- 7 sively presumed to have accepted, and to have consented to, an assign- 8 ment of no-fault benefits under this article in the form prescribed by 9 the superintendent. The provisions of this subdivision shall apply if 10 the provider knows, or is on notice of facts that indicate that the 11 injuries or conditions treated are the result of a motor vehicle acci- 12 dent which occurred in the preceding seventy-two hours. 13 2. Any provider of treatment to a covered person who mistakenly or 14 otherwise bills an insurer other than the no-fault insurer for claims 15 eligible for first-party benefits under this article must, upon presen- 16 tation with proof of applicable coverage under article six, eight or 17 forty-four-B of the vehicle and traffic law, return such fees and seek 18 payment for services from the no-fault insurer instead. A provider shall 19 be permitted to maintain insurance information in the event it is estab- 20 lished that there are no first-party benefits available for emergency 21 treatment under this article. 22 3. The time limit for presentation of invoices to an insurer shall be 23 measured from the first date on which the provider or the patient first 24 presented the invoice to any insurer. 25 4. Any compensation provider that, notwithstanding the other 26 provisions of this law, pays for the emergency treatment of a covered 27 person, has a right of direct action against the insurer liable for 28 coverage under this article for reimbursement, but in no case will the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10765-02-1A. 10332 2 1 reimbursement exceed the amount of lawful benefits according to state- 2 promulgated fee schedules. 3 5. No insurer providing coverage under this article shall exclude 4 reimbursement for first-party benefits which have been paid to a health 5 care provider or medical equipment supplier by a compensation provider 6 not under this article. 7 § 2. This act shall take effect immediately.