A Brooklyn hospital can directly sue an insurance company for delinquent patient charges under New York’s Prompt Pay Law, a state judge has ruled in what appears to be the first time a private right of action has been explicitly recognized under the statute.
Insurance Law §3224-a, the so-called Prompt Pay Law, permits the collection of overdue bills from insurers plus interest at the corporate tax rate or 12 percent, whichever is higher. Claims usually are initiated by the state’s superintendent of financial services after the agency receives a complaint from a health care provider or a policyholder.
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