New York A 3885: Imposes a tax on out-of-state transfers, dividends, payments, and loans by certain accident and health insurance companies and health maintenance organizations

Status: REFERRED TO INSURANCE (as of 2024-01-03)

State: New York · Session: 2023-2024 · Bill: A 3885

Sponsors: Erik Dilan, Aileen Gunther, Albert A. Stirpe, Alicia Hyndman, Angelo Santabarbara, Anna Kelles, Charles Fall, Christopher Eachus, Deborah Glick, Demond Meeks, Eddie Gibbs, Jeffrey Dinowitz, Jen Lunsford, Jessica Gonzalez-Rojas, Jo Anne Simon, Juan Ardila, Khaleel Anderson, Latoya Joyner, Latrice Walker, Linda Rosenthal, Nader Sayegh, Nikki Lucas, Pamela J. Hunter, Phara Souffrant Forrest, Sarahana Shrestha

Bill Text

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A03885 Summary:

BILL NOA03885 

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SAME ASSAME AS S04123

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SPONSORWeprin

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COSPNSRWoerner, Fall, Reyes, Stern, DeStefano, Smith, Mikulin, Blumencranz, Giglio, Durso, Simon, Simone,
 McDonough, Kelles

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MLTSPNSR

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Amd §§603 & 604, Fin Serv L

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Preserves the ability of health care providers to access the independent dispute resolution process.

Go to top A03885 Actions:

BILL NOA03885 

&nbsp

01/30/2025referred to insurance

01/07/2026referred to insurance

Go to topA03885 Committee&nbspVotes:

Go to topA03885 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03885 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3885

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 30, 2025
 ___________

 Introduced by M. of A. WEPRIN, WOERNER, FALL, REYES, STERN, DeSTEFANO,
 SMITH, MIKULIN, BLUMENCRANZ, GIGLIO, DURSO, SIMON, SIMONE, McDONOUGH,
 KELLES -- read once and referred to the Committee on Insurance

 AN ACT to amend the financial services law, in relation to preserving
 the ability of health care providers to access the independent dispute
 resolution process

 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 603 of the financial services
 2 law, as added by section 26 of part H of chapter 60 of the laws of 2014,
 3 is amended to read as follows:
 4 (c) "Health care plan" means an insurer licensed to write accident and
 5 health insurance pursuant to article thirty-two of the insurance law; a
 6 corporation organized pursuant to article forty-three of the insurance
 7 law; a municipal cooperative health benefit plan certified pursuant to
 8 article forty-seven of the insurance law; a health maintenance organiza-
 9 tion certified pursuant to article forty-four of the public health law;
 10 [or] a student health plan established or maintained pursuant to section
 11 one thousand one hundred twenty-four of the insurance law; or any
 12 provision of health benefits under section one hundred sixty-two of the
 13 civil service law.
 14 § 2. Section 604 of the financial services law, as amended by section
 15 4 of subpart A of part AA of chapter 57 of the laws of 2022, is amended
 16 to read as follows:
 17 § 604. Criteria for determining a reasonable fee. In determining the
 18 appropriate amount to pay for a health care service, an independent
 19 dispute resolution entity shall consider all relevant factors, includ-
 20 ing:
 21 (a) whether there is a gross disparity between the fee charged by the
 22 provider for services rendered as compared to:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07479-01-5

 A. 3885 2

 1 (1) fees paid to the involved provider for the same services rendered
 2 by the provider to other patients in health care plans in which the
 3 provider is not participating, and
 4 (2) in the case of a dispute involving a health care plan, fees paid
 5 by the health care plan to reimburse similarly qualified providers for
 6 the same services in the same region who are not participating with the
 7 health care plan;
 8 (b) the level of training, education and experience of the health care
 9 professional, and in the case of a hospital, the teaching staff, scope
 10 of services and case mix;
 11 (c) the provider's usual charge for comparable services with regard to
 12 patients in health care plans in which the provider is not participat-
 13 ing;
 14 (d) the circumstances and complexity of the particular case, including
 15 time and place of the service;
 16 (e) individual patient characteristics; and
 17 (f) [the median of the rate recognized by the health care plan to
 18 reimburse similarly qualified providers for the same or similar services
 19 in the same region that are participating with the health care plan; and
 20 (g)] with regard to physician services, the usual and customary cost
 21 of the service.
 22 § 3. This act shall take effect immediately.

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