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NY A03707
Bill
Status
1/30/2025
Primary Sponsor
David Weprin
Click for details
AI Summary
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Prohibits health plan claim reviews or audits from reversing or altering medical necessity determinations, including site of service or level of care decisions, previously made by utilization review agents or external appeal agents
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Bars health plans from downcoding claims if it would effectively reverse or alter a prior medical necessity determination, though plans retain the ability to review claims for fraud, waste, or abuse
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Expands the legal definition of "adverse determination" in both the Insurance Law and Public Health Law to include decisions that downgrade claim coding to a lower-level service than submitted by the provider
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Removes existing language that exempted coding determinations from being classified as adverse determinations, thereby granting providers appeal rights for downcoded claims
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Requires insurers reviewing disputed hospital coding to follow national coding guidelines from CMS or the American Medical Association, including ICD-10 guidelines when available
Legislative Description
Ensures the decision to downcode an insurance claim is recognized as an adverse determination; prohibits health plans from reversing or altering medical necessity determinations made by a utilization review agent or external appeals agent as a result of an audit of claims.
Last Action
referred to insurance
1/7/2026