P. 1
Michael A. Bottar and Kimberly Wolf Price, Civil Practice (©2011)

Michael A. Bottar and Kimberly Wolf Price, Civil Practice (©2011)

|Views: 367|Likes:
Published by 78amadeus

More info:

Categories:Types, Business/Law
Published by: 78amadeus on Feb 11, 2012
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

05/13/2014

pdf

text

original

Chapter 494 of the Laws of 2009 amended New York’s Insurance
Law, General Obligations Law, and CPLR to clarify whether a health
insurer (i.e., a “benefit provider”) is entitled to reimbursement for
medical expenses paid on behalf of an injured plaintiff, out of the
plaintiff’s settlement with a tortfeasor.35

Simply stated, a health insurer
no longer has a right to reimbursement unless provided for by statute

29. See Population, N.Y.

CITY

DEP’T

OF

CITY

PLANNING,

http://www.nyc.gov/html/dcp/html/census/popcur.shtml (last visited Apr. 24, 2011).
30. N.Y. GEN. MUN. § LAW 50-e(1)(a), (e).
31. Id. § 50-e(3)(e).
32. Id.
33. Act of March 23, 2010, ch. 12, 2010 McKinney’s Sess. Laws of N.Y. 44-45
(codified at N.Y. GEN. MUN. LAW § 50-e).
34. Id.
35. Act of November 12, 2009, ch. 494, 2009 McKinney’s Sess. Laws of N.Y. 1265,
1278-80 (codified at N.Y. C.P.L.R. 4545 (McKinney Supp. 2011), N.Y. GEN. OBLIG. LAW §
5-335 (McKinney Supp. 2011)).

BOTTAR & WOLF PRICE MACRO DRAFT

2/11/2012 11:47 AM

2011]

Civil Practice

637

(e.g., Medicare, Medicaid, ERISA).
On November 12, 2009, the Act became law.36

Changes were
made to CPLR 4545, as well as N.Y. General Obligations Law section
5-335, which now reads, in relevant part, that:

Except where there is a statutory right of reimbursement, no party
entering into such a settlement shall be subject to a subrogation claim
or claim for reimbursement by a benefit provider and a benefit
provider shall have no lien or right of subrogation or reimbursement
against any such settling party.37

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->