What's happening
This bill increases the admissible amount for itemized bills as prima facie proof of damages in civil actions from $2,000 to $10,000 and expands the types of bills and payers covered.
Why it matters
Raises the financial threshold. for what can be introduced as automatic (“prima facie”) proof of damages in court, potentially allowing higher-value claims (up to $10,000) to be more easily substantiated without requiring live witness testimony or further documentation.
Expands the types of admissible bills. to include not just services and repairs, but also supplies, making it easier for plaintiffs to claim a broader range of expenses and for courts to quickly establish the reasonable value and necessity of those expenses.
Broadens coverage to more payers and bill types. , including bills paid by workers’ compensation, automobile no-fault insurance, Medicare, Medicaid, Blue Cross, and other third-party payers, which may streamline the process for recovering costs in a wider array of civil cases.
Limits the number and type of bills per provider. (generally two, with specific conditions), helping to prevent over-claiming while still accommodating cases where ongoing or supplemental charges are necessary, and specifically carves out exceptions for certain insurance law proceedings.
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Who cares
Civil litigants and trial attorneys
The bill would raise the limit for qualifying paid bills used as initial proof of reasonable value and necessity from $2,000 to $10,000, add supplies and allow a second supplemental bill within that total.
- Likely support
Service providers, suppliers and repair businesses
Their certified paid bills could support damages claims under the expanded rule, subject to certification requirements and advance notice to each party.
Workers’ compensation and automobile no-fault insurers
Certified or sworn itemized payer bills would serve as initial proof of covered expenses paid and their reasonableness in civil actions.
Medicare, Medicaid and other third-party payers
The bill would give their certified or sworn itemized bills evidentiary weight for paid medical expenses, provided each party receives the required notice.
Headline styles
Make Bills Proof of Damages
Plain English, a few words. Used as the page title.
Sponsors
1 Multi-sponsor
History
- Referred to judiciary
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5351
2017-2018 Regular Sessions
IN ASSEMBLY
February 8, 2017
Introduced by M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. MONTESA- NO -- read once and referred to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to bills as prima facie proof of damages
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Rule 4533-a of the civil practice law and rules, as amended by chapter 249 of the laws of 1988, is amended to read as follows:
Rule 4533-a. [Prima] Bills as prima facie proof of damages. [An itemized bill] (a) Itemized bills or [invoice] invoices, receipted or marked paid, for services, supplies or repairs of an amount not in excess of [two] ten thousand dollars [is] are admissible in evidence and [is] are prima facie evidence of the reasonable value and necessity of such services, supplies or repairs itemized therein in any civil action provided [it] any such bill or invoice bears a certification by the person, firm or corporation, or an authorized agent or employee thereof, [rendering] furnishing such services or supplies or making such repairs and charging for the same, and contains a verified statement that no part of the payment received therefor will be refunded to the debtor, and that the amounts itemized therein are the usual and customary rates charged for such services, supplies or repairs by the affiant or his employer; and provided further that a true copy of such itemized bill or invoice together with a notice of intention to introduce such bill or invoice into evidence pursuant to this rule is served upon each party at least ten days before the trial. No more than [one bill] two bills or [invoice] invoices from the same person, firm or corporation to the same debtor shall be admissible in evidence under this rule in the same action, the second bill to be only for services, supplies or repairs which pertain to such claim, supplemental to the first bill from the same provider, and providing that the sum of both bills does not exceed ten thousand dollars. This subdivision shall not apply to bills,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09555-01-7
A. 5351 2
invoices, services, or supplies in proceedings brought pursuant to article fifty-one of the insurance law.
(b) For expenses including supplies and services of medical facilities and providers paid by workers' compensation pursuant to article two of the workers' compensation law or automobile no fault pursuant to article fifty-one of the insurance law, or paid by carriers such as Blue Cross, medicare, medicaid and other third-party payers, an itemized bill of the payor, either certified or attested under oath, shall be prima facie evidence of such expenses paid and of the reasonableness for purposes of the action, provided notice is served upon each party as set forth in subdivision (a) of this rule.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.