New York Codes, Rules and Regulations
Title 23 - FINANCIAL SERVICES
Chapter I - Regulations of the Superintendent of Financial Services
Part 400 - Independent Dispute Resolution for Emergency Services and Surprise Bills
Section 400.1 - Applicability

(a) This Part shall apply to health care services provided in this State on and after March 31, 2015. This Part also shall apply to emergency services provided by non-participating hospitals and inpatient services that follow an emergency room visit provided in this State on and after January 1, 2020. The requirements relating to assignment of benefits and provider hold harmless for emergency services in subdivisions (a)(2) and (b)(2) of section 400.6 of this Part shall apply to emergency services provided in this State on and after April 3, 2020.

(b) This Part shall not apply to health care services, including emergency services, where physician fees are subject to schedules or other monetary limitations under any other law, including the Workers' Compensation Law and Insurance Law article 51, and shall not preempt any such law. This Part shall not apply to emergency services subject to Financial Services Law section 602(b).

(c) The requirements of this Part for emergency services provided by non-participating hospitals, including inpatient services that follow an emergency admission, shall not apply to hospitals that had at least 60 percent of inpatient discharges annually that consisted of Medicaid, uninsured, and dual eligible individuals as determined by the department of health in its determination of safety net hospitals.