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August 9th, 2005

"NY health advocates want insurers to pay for drunken drivers injured in crashes"

Health care advocates urged New York Gov. George Pataki to sign a bill that would repeal a law allowing auto insurers to deny coverage for medical bills of drunken drivers injured in car accidents.

According to proponents, the repeal would aid hospitals, which often do not receive payment for treating drivers who get in accidents while intoxicated. Health care providers said some doctors, as a result, have a disincentive to do alcohol tests and recommend patients for alcohol addiction treatment programs.

The law, as it stands, makes it hard for people to sue drunken drivers because many doctors will not perform blood-alcohol tests on patients, according to anti-drunken driving advocacy groups. The legislation would serve to improve care and increase the ability to prosecute crimes, according to supporters.

Under the legislation, auto insurers would cover insurance costs of drunken drivers injured in car accidents and hospitals would be guaranteed payment for patient care. However, insurers say they should not have to pay when drivers are injured breaking the law. The law would cover insurance policies that go into effect 180 days after the legislation is signed.

Physicians also believe the current DWI insurance law unfairly requires doctors to care for anyone who comes to the emergency room while auto insurance companies can refuse to pay for the treatment. Insurance lobbyists argue that passing the legislation will unfairly reward illegal actions, and the spokesman for Independent Insurance Agents of New York, Michael Barrett, calls the bill “bad public policy.”

In 2001, the governor vetoed a similar bill, but bill sponsors have since worked with the governor to address his concerns about the broadness of the bill and having insurance companies pay some claims retroactively. Gov. Pataki must sign or veto the bill by Aug. 16.