State Law

The Laws Of New York-Consolidated Laws- Financial Services Law-Article 6. Emergency Medical Services and Surprise Bills

08/17/2023
New York
Section 606
Hold harmless and assignment of benefits for insureds
OON-Payment Issues

(a) A non-participating provider shall not bill an insured for a surprise bill except for any applicable copayment,
coinsurance or deductible that would be owed if the insured utilized a participating provider.

* (b) A non-participating provider shall not bill an insured for emergency services, including inpatient services which follow an emergency room visit, except for any applicable copayment, coinsurance or deductible that would be owed if the insured utilized a participating provider.

* NB Effective until January 1, 2025 and shall remain in effect until after the superintendent of financial services and the commissioner of health have promulgated regulations.

* (b) A non-participating provider shall not bill an insured for emergency services, including inpatient services which follow an emergency room visit, or for services rendered by a mobile crisis intervention services provider licensed, certified, or designated by the office of mental health or the office of addiction services and supports, except for any applicable copayment, coinsurance or deductible that would be owed if the insured utilized a participating provider.

* NB Effective January 1, 2025 but shall not take effect until after the superintendent of financial services and the commissioner of health have promulgated regulations.

See https://www.nysenate.gov/legislation/laws/FIS/A6