Additional statutory authority: Workers' Compensation Law,
13-a(3), 13-k
(a) Each of the parties
to every disputed hospital bill shall pay to the chair five per centum of the
amount payable under the decision of the hospital arbitration committee or the
sum of $5, whichever is greater. If there is no amount payable under such
decision, or if the disputed bill is determined by notice of settlement, each
party to the proceeding shall pay to the chair a minimum arbitration fee of $5.
If the carrier files a notice of withdrawal of its explanation for nonpayment
of a bill for services rendered on or after October 1, 1994 prior to the date
set for the hearing and such notice is received by the chair less than 30 days
prior to such date, the carrier shall pay to the chair a minimum arbitration
fee of $5. All sums collected by the chair hereunder shall be transferred to
the State treasury as reimbursement on account of the expenses of
administration.
(b) Payment
pursuant to a decision of the hospital arbitration committee, including a
decision pursuant to notice of settlement, shall be made as follows:
(1) If the amount of the bill awarded by
decision (other than pursuant to notice of settlement), is more than $100, the
carrier shall promptly:
(i) pay to the
hospital the amount directed in the decision, less the balance of the expense
fee of five per centum due from the hospital;
(ii) pay to the chair an expense fee due from
the carrier of five per centum of the amount directed in the award and
decision, plus the balance of the expense fee due from the hospital and to be
deducted pursuant to subparagraph (i) of this paragraph; provided, however,
that for arbitration decisions on disputed bills for services rendered on or
after October 1, 1994, the amounts payable to the chair as expense fees shall
be billed to the carrier and collected by the board.
(2) If the amount of the bill awarded by
decision is $100 or less, or the amount is determined pursuant to a notice of
settlement, the carrier shall promptly:
(i)
pay to the hospital the amount directed in the decision or determined as set
forth in the notice of settlement;
(ii) pay to the chair the minimum expense fee
of five dollars due from the carrier.
Notwithstanding the foregoing, where the bill is for
services rendered on or after October 1, 1994, the carrier shall pay to the
hospital the amount directed in the decision or as set forth in the notice of
settlement, less $5, and shall pay to the chair a total of $10, representing
the minimum expense fee of $5 due from each of the carrier and the hospital.
Amounts payable to the chair shall be billed to the carrier and collected by
the board.
(3)
If the bill is disallowed, the carrier shall pay to the chair the carrier
minimum expense fee of $5; provided, however, that if a bill for services
rendered on or after October 1, 1994 is disallowed, both the carrier and the
hospital shall pay to the chair the minimum expense fee of $5, which shall be
billed to the carrier and hospital and collected by the board.
