New York S 7361: Relates to audit committee membership and voting requirements of the board of certain corporations

Bill Text

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S07361 Summary:

BILL NOS07361 

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SAME ASNo Same As

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SPONSORRHOADS

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COSPNSR

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MLTSPNSR

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Amd §25, Work Comp L

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Provides that where an employer or insurance carrier elects to controvert the right to compensation and such claimant holds a valid insurance policy, the employer or insurance carrier shall provide medical treatment to the injured claimant and payment to health care providers without regard to such controversy.

Go to top S07361 Actions:

BILL NOS07361 

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04/10/2025REFERRED TO LABOR

01/07/2026REFERRED TO LABOR

Go to topS07361 Committee&nbspVotes:

Go to topS07361 Floor&nbspVotes:

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

Go to topS07361 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7361

 2025-2026 Regular Sessions

 IN SENATE

 April 10, 2025
 ___________

 Introduced by Sen. RHOADS -- read twice and ordered printed, and when
 printed to be committed to the Committee on Labor

 AN ACT to amend the workers' compensation law, in relation to medical
 treatment for workers' compensation claimants when the workers'
 compensation claim has been controverted

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 2 of section 25 of the workers' compensation
 2 law is amended by adding a new paragraph (d) to read as follows:
 3 (d) (i) In the event the employer or insurance carrier elects to
 4 controvert the right to compensation, and it is confirmed that the
 5 claimant holds a valid policy of insurance from a health insurance
 6 provider in effect on the date of injury, such employer or insurance
 7 carrier shall provide medical treatment to the injured worker pursuant
 8 to the provisions of section thirteen of this chapter, and payment to
 9 health care providers pursuant to procedures established by the board
 10 without regard to such controversy.
 11 (ii) In the event the board makes a final determination that the claim
 12 is not compensable, the employer or insurance carrier may seek
 13 reimbursement for medical bills from the claimant's health insurance
 14 provider in an amount not to exceed the actual payments made by the
 15 employer or insurance carrier on behalf of the claimant for such medical
 16 treatment. Within thirty days of receipt by the health insurance provid-
 17 er of the medical reports, bills and proof of payment, such health
 18 insurance provider shall reimburse the employer or insurance carrier for
 19 the full amount of the actual payments made. Bills submitted for
 20 reimbursement under this section may not be challenged on the grounds of
 21 medical necessity; utilization of an out of network provider or if the
 22 established reimbursement rate for the health insurance provider is less
 23 than what is provided under the workers' compensation fee schedule.
 24 Should the health insurance provider fail to make timely payment, the

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11581-01-5

 S. 7361 2

 1 employer or insurance carrier shall retain a private right of action
 2 against such health insurance provider on behalf of the claimant. In no
 3 event may the employer, carrier or health insurance provider seek
 4 reimbursement of any kind, including the payment of co-payments, from
 5 the injured employee, such employee's surviving spouse, dependents, or
 6 estate.
 7 (iii) The New York compensation insurance rating board shall, no less
 8 frequently than on an annual basis, request that insurance carriers
 9 report the number of claims in which reimbursement is sought, the
 10 amounts of reimbursement sought, and the amounts of reimbursement
 11 received. Insurance carriers shall provide data responsive to such
 12 request. The New York compensation insurance rating board shall, upon
 13 request, provide such data to the board.
 14 § 2. This act shall take effect immediately.

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