Bill Text: NY A06895 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Directs the commissioner of health to approve courses for eligible physicians, nurses and other staff that covers risk management strategies in emergency department visits for individuals with a developmental or intellectual disability; provides a premium reduction for physicians who complete such risk management strategies course.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-03-22 - print number 6895b [A06895 Detail]

Download: New_York-2023-A06895-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6895--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       May 8, 2023
                                       ___________

        Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
          Committee on People with Disabilities --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        AN ACT to amend the public health law and the insurance law, in relation
          to a premium reduction for physicians who complete a  risk  management
          strategies course relating to emergency department visits for individ-
          uals with a developmental or intellectual disability

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 2828 of the public health law, as added by  chapter
     2  689  of  the  laws of 2021, is renumbered section 2831 and a new section
     3  2832 is added to read as follows:
     4    § 2832. Individuals with disabilities training strategies. 1. In order
     5  to improve patient safety and outcomes, minimize health inequity,  build
     6  the capacity of staff to understand the needs of individuals with intel-
     7  lectual and developmental disabilities and to promote informed consulta-
     8  tion  by  patients  with their physicians, nurses and other staff during
     9  visits to an emergency department in a general hospital, the commission-
    10  er, in consultation with the office for people with developmental  disa-
    11  bilities,  shall  approve  professional  education  courses for eligible
    12  physicians, nurses and other staff as provided in  subdivision  four  of
    13  this  section,  that  covers  risk  management  strategies  in emergency
    14  department visits for individuals with a developmental  or  intellectual
    15  disability as such term is defined in section 1.03 of the mental hygiene
    16  law,  as described in subdivision two of this section. Such risk manage-
    17  ment strategies courses shall  be  subject  to  such  standards  as  the
    18  commissioner,  in  consultation with the office for people with develop-
    19  mental disabilities, may prescribe by regulation. An eligible physician,
    20  nurse or other staff who successfully  completes  such  risk  management

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10725-04-3
        A. 6895--A                          2

     1  strategies  course  pursuant  to  this  section shall receive continuing
     2  medical education credit and a certificate of completion.
     3    2.  Courses  on  risk management strategies during emergency visits by
     4  those with a developmental  or  intellectual  disability  shall  promote
     5  evidence-based clinical guidelines and patient safety protocols, with an
     6  emphasis on perspectives from those with a developmental or intellectual
     7  disability. Options for courses should be appropriate for the respective
     8  profession  and  may  include information and education addressing risks
     9  associated with emergency visits by individuals with a developmental  or
    10  intellectual  disability.  Course  options  shall  be  determined by the
    11  commissioner in consultation with the office for  people  with  develop-
    12  mental disabilities.
    13    3.  Attendance  at any course approved by the commissioner pursuant to
    14  this section shall be in person.
    15    4. Physicians who are board certified, nurses and other staff from  an
    16  emergency department in a general hospital shall be eligible for a disa-
    17  bilities risk management strategies course.
    18    5.  The  commissioner, in consultation with the office for people with
    19  developmental disabilities, shall be authorized to prescribe  any  rules
    20  and regulations necessary to implement this section. In prescribing such
    21  rules  and  regulations,  the  commissioner shall consider the rules and
    22  regulations promulgated by  the  superintendent  of  financial  services
    23  pursuant  to subsection (e) of section two thousand three hundred forty-
    24  three of the insurance law and may consult with  the  superintendent  of
    25  financial services.
    26    §  2. Subsection (e) of section 2343 of the insurance law, as added by
    27  chapter 642 of the laws of 1990, is amended and a new subsection (f)  is
    28  added to read as follows:
    29    (e)  The  superintendent  may approve an appropriate premium reduction
    30  for: (1) an insured physician who successfully completes a risk  manage-
    31  ment  course;  or  (2) an insured physician who successfully completes a
    32  course authorized by the commissioner  of  health  pursuant  to  section
    33  twenty-eight  hundred thirty-two of the public health law, which must be
    34  approved by the superintendent subject to such standards as  the  super-
    35  intendent  may  prescribe  by regulation. In prescribing such regulation
    36  the superintendent may consult with the commissioner of health.
    37    (f) An insured physician who successfully completes a  course  author-
    38  ized  by  the  commissioner of health under section twenty-eight hundred
    39  thirty-two of the public health law shall not,  during  the  period  set
    40  forth  in the superintendent's regulations prescribing standards for the
    41  premium reduction, also be eligible for additional premium reduction for
    42  an insured physician medical malpractice insurance policy for successful
    43  completion of a risk management course approved  by  the  superintendent
    44  under part one hundred fifty-two of title eleven of the New York code of
    45  rules and regulations.
    46    §  3. This act shall take effect one year after it shall have become a
    47  law and shall apply to all  insurance  policies  and  contracts  issued,
    48  renewed,  modified  or  altered  on  and  after such effective date. The
    49  commissioner of health and the superintendent of financial services  are
    50  authorized to adopt, amend, suspend or repeal regulations and take other
    51  actions  necessary  for  the  implementation  of  this act prior to such
    52  effective  date;  provided,  however,  that  such  adoption,  amendment,
    53  suspension  or  repeal  of regulations shall not have legal effect until
    54  this act takes effect.