Provides that itemized bills or invoices, receipted or marked paid, for services, supplies or repairs of an amount not in excess of ten thousand dollars are admissible in evidence and are prima facie evidence of the reasonable value and necessity of such services, supplies or repairs itemized therein in any civil action.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6077
SPONSOR: Weprin TITLE OF BILL:
An act to amend the civil practice law and rules, in relation to bills
as prima facie proof of damages
PURPOSE OR GENERAL IDEA OF BILL:
The current law Provides for admissibility of certified bills up to
$1,000 for auto repairs, thereby saving time and eliminating costs for
parties to litigation and the court system. This legislation would
update and expand CPLR 4533-a.
SUMMARY OF SPECIFIC PROVISIONS:
This legislation would amend CPLR 4533-a(a) to increase the amount of
certified bills that are admissible from $2,000 to $10,000. The legis-
lation would also add CPLR 4533-a(b) to provide for the admissibility of
certified bills for expenses relating to supplies and services of
medical facilities and providers paid pursuant to the Workers, Compen-
sation Law, Article 51 ,of the Insurance Law, and Other third-party
carriers such as Blue Cross, Medicare, and Medicaid.
JUSTIFICATION:
Historically, this Rule traces back to 1966 when it prov-ided for the
admissibility of certified paid bills of up to $2,000 for auto repairs.
This proved beneficial to the parties, the public and the courts in that
the necessity.of bringing in a witness to prove an almost invariably
undisputed item reduced litigation cost and saved the court time. Over
the years the concept and the legislation were expanded to include
services as well as repairs of varying nature. With advance notice to
the adverSe party, trial has been expedited, the cost of proof educed
and the necessity of inconveniencing providers largely eliminated.
However, services and repairs did not necessarily include supplies, an
commission now covered, and the maximum amended amount allowed -
$2,000,has fallen behind inflationary costs. The increased amount of
$10,000 remedies this. Limiting the number of bills of each provider to
one was intended to eliminate many bills at trial, but did not take into
account expenses after the bill of particulars, so provision is made for
any subsequent bill for continued expenses, the total not to exceed
$10,000.Notice to opposing counsel is increased from 10 to 21 days
before trial to more adequately allow for checking the bills against
discovery information or, if occasionally need be, to subpoena
witnesses. Common law requires proof of reasonableness of the bill which
the certified bill provides. However, reasonableness no longer is the
standard for those items charged in accordance with statute or govern-
ment rule. Most medically related expenses are regulated by statutes,
regulations or insurance allowances rather than reasonable value. For
Worker Compensation and No Fault and other such third-party providers,
prima facie evidence of the expenses and of "their reasonableness" will
be the itemized records of payment, certified (or. attested by deposi-
tion if needed when certification is not forthcoming). The amount of
these types of bills - like hospital bills under CPLR 4518(b )-- are not
Capped. These bills are not recoverable by the party, but are recovera-
ble as liens by statute or rule.
PRIOR LEGISLATIVE HISTORY:
02/08/17 referred to judiciary
01/03/18 referred to judiciary
FISCAL IMPLICATIONS:
It is anticipated that the court system will benefit in that time and
costs related to court proceedings will be reduced.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law.
STATE OF NEW YORK
________________________________________________________________________
6077
2023-2024 Regular Sessions
IN ASSEMBLY
April 3, 2023
___________
Introduced by M. of A. WEPRIN -- 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 Assem-bly, do enact as follows:
1 Section 1. Rule 4533-a of the civil practice law and rules, as amended
2 by chapter 249 of the laws of 1988, is amended to read as follows:
3 Rule 4533-a. [Prima] Bills as prima facie proof of damages. [An item-
4 ized bill] (a) Itemized bills or [invoice] invoices, receipted or marked
5 paid, for services, supplies or repairs of an amount not in excess of
6 [two] ten thousand dollars [is] are admissible in evidence and [is] are
7 prima facie evidence of the reasonable value and necessity of such
8 services, supplies or repairs itemized therein in any civil action
9 provided [it] any such bill or invoice bears a certification by the
10 person, firm or corporation, or an authorized agent or employee thereof,
11 [rendering] furnishing such services or supplies or making such repairs
12 and charging for the same, and contains a verified statement that no
13 part of the payment received therefor will be refunded to the debtor,
14 and that the amounts itemized therein are the usual and customary rates
15 charged for such services, supplies or repairs by the affiant or his
16 employer; and provided further that a true copy of such itemized bill or
17 invoice together with a notice of intention to introduce such bill or
18 invoice into evidence pursuant to this rule is served upon each party at
19 least ten days before the trial. No more than [one bill] two bills or
20 [invoice] invoices from the same person, firm or corporation to the same
21 debtor shall be admissible in evidence under this rule in the same
22 action, the second bill to be only for services, supplies or repairs
23 which pertain to such claim, supplemental to the first bill from the
24 same provider, and providing that the sum of both bills does not exceed
25 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.
LBD05517-01-3
A. 6077 2
1 invoices, services, or supplies in proceedings brought pursuant to arti-
2 cle fifty-one of the insurance law.
3 (b) For expenses including supplies and services of medical facilities
4 and providers paid by workers' compensation pursuant to article two of
5 the workers' compensation law or automobile no fault pursuant to article
6 fifty-one of the insurance law, or paid by carriers such as Blue Cross,
7 medicare, medicaid and other third-party payers, an itemized bill of the
8 payor, either certified or attested under oath, shall be prima facie
9 evidence of such expenses paid and of the reasonableness for purposes of
10 the action, provided notice is served upon each party as set forth in
11 subdivision (a) of this rule.
12 § 2. This act shall take effect on the ninetieth day after it shall
13 have become a law.
