A 3365: Changes the lookback period for insurance overpayment recovery from health care providers from twenty-four months to twelve months.
The bill aims to limit the time period for insurance overpayment recovery from health care providers. A health plan cannot initiate overpayment recovery efforts more than twelve months after the original payment was received by a health care provider. However, there are exceptions to this rule, including situations where fraud or intentional misconduct is suspected, or where a self-insured plan or government program has initiated recovery efforts. The bill also allows health plans to defend or set off assertions of underpayment based on overpayments going back in time. Abusive billing practices will be defined as frequent and consistent claims that do not align with sound fiscal, business, or medical practices. The bill will take effect thirty days after it becomes a law.
- What is the current status of A 3365?
- As of May 7, 2026, A 3365 is recorded as "Introduced": it has been introduced and is waiting for its first committee hearing or floor vote. The last recorded action, on January 7, 2026, was "referred to insurance".
- Did A 3365 pass?
- Not yet. A 3365 has been introduced and has not passed either house.
- Who wrote A 3365, and where is it now?
- A 3365 was authored by Asm. Charles Lavine with 11 coauthors. Its committee of record is Assembly Insurance.
| Jan. 07, 2026 | referred to insurance |
| May. 20, 2025 | print number 3365a |
| May. 20, 2025 | amend and recommit to insurance |
| Jan. 27, 2025 | referred to insurance |
STATE OF NEW YORK ________________________________________________________________________ 3365 2025-2026 Regular Sessions IN ASSEMBLY January 27, 2025 ___________ Introduced by M. of A. LAVINE, KELLES -- read once and referred to the Committee on Insurance AN ACT to amend the insurance law, in relation to limiting the lookback period for insurance overpayment recovery from health care providers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph 3 of subsection (b) of section 3224-b of the 2 insurance law, as amended by chapter 237 of the laws of 2009, is amended 3 to read as follows: 4 (3) A health plan shall not initiate overpayment recovery efforts more 5 than [twenty-four] three months after the original payment was received 6 by a health care provider. However, no such time limit shall apply to 7 overpayment recovery efforts that are: (i) based on a reasonable belief 8 of fraud or other intentional misconduct, or abusive billing, (ii) 9 required by, or initiated at the request of, a self-insured plan, or 10 (iii) required or authorized by a state or federal government program or 11 coverage that is provided by this state or a municipality thereof to its 12 respective employees, retirees or members. Notwithstanding the aforemen- 13 tioned time limitations, in the event that a health care provider 14 asserts that a health plan has underpaid a claim or claims, the health 15 plan may defend or set off such assertion of underpayment based on over- 16 payments going back in time as far as the claimed underpayment. For 17 purposes of this paragraph, "abusive billing" shall be defined as a 18 billing practice which results in the submission of claims that are not 19 consistent with sound fiscal, business, or medical practices and at such 20 frequency and for such a period of time as to reflect a consistent 21 course of conduct. 22 § 2. This act shall take effect on the thirtieth day after it shall 23 have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06060-01-5