Bill Text: NY A08010 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Authorizes primary care physicians to establish, offer and operate health care retainer programs which provide primary health care services for a flat fee for a specified period of time.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2012-03-20 - held for consideration in insurance [A08010 Detail]

Download: New_York-2011-A08010-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8010
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 26, 2011
                                      ___________
       Introduced by M. of A. CASTELLI -- read once and referred to the Commit-
         tee on Insurance
       AN  ACT  to amend the insurance law, in relation to health care retainer
         programs
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  1108 of the insurance law is amended by adding a
    2  new subsection (k) to read as follows:
    3    (K) EVERY HEALTH CARE RETAINER PROGRAM OPERATED  PURSUANT  TO  ARTICLE
    4  FIFTY-SEVEN OF THIS CHAPTER.
    5    S  2.  The insurance law is amended by adding a new article 57 to read
    6  as follows:
    7                                  ARTICLE 57
    8                        HEALTH CARE RETAINER PROGRAMS
    9  SECTION 5701. DEFINITIONS.
   10          5702. HEALTH CARE RETAINER PROGRAMS.
   11    S 5701. DEFINITIONS. AS USED IN THIS ARTICLE:
   12    (A) "AGREEMENT" SHALL MEAN A HEALTH CARE  RETAINER  AGREEMENT  ENTERED
   13  INTO  PURSUANT  TO  A  PROGRAM  OPERATED  BY A PRIMARY CARE PHYSICIAN OR
   14  PRIMARY CARE PHYSICIANS.
   15    (B) "PRIMARY CARE" SHALL MEAN PROFESSIONAL MEDICAL CARE OFFERED IN THE
   16  FIELDS OF FAMILY PRACTICE, GENERAL  PEDIATRICS,  PRIMARY  CARE  INTERNAL
   17  MEDICINE,  AND PRIMARY CARE OBSTETRICS AND GYNECOLOGY, AND AS DEFINED IN
   18  THE RULES AND REGULATIONS OF THE COMMISSIONER OF HEALTH.
   19    (C) "PRIMARY CARE PHYSICIAN" SHALL MEAN A PERSON LICENSED TO  PRACTICE
   20  MEDICINE IN THIS STATE WHOSE PRIMARY FIELD OF PRACTICE IS PRIMARY CARE.
   21    (D)  "PRIMARY  CARE  PRACTITIONER" SHALL MEAN A MIDWIFE, NURSE PRACTI-
   22  TIONER OR PHYSICIAN ASSISTANT AUTHORIZED TO PRACTICE IN THIS STATE,  WHO
   23  PROVIDES  PRIMARY CARE, AND WHO IS SUBJECT TO THE SUPERVISION AND DIREC-
   24  TION OF A PRIMARY CARE PHYSICIAN.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05483-01-1
       A. 8010                             2
    1    (E) "PROGRAM" SHALL MEAN A HEALTH CARE RETAINER  PROGRAM  OFFERED  AND
    2  OPERATED  BY  A PRIMARY CARE PHYSICIAN OR A GROUP OF PRIMARY CARE PHYSI-
    3  CIANS WHEREBY SUCH PHYSICIAN OR PHYSICIANS, AND PRIMARY CARE PRACTITION-
    4  ERS UNDER THE CONTROL OF SUCH PHYSICIAN OR PHYSICIANS, AGREE TO  PROVIDE
    5  ALL NECESSARY PRIMARY CARE TO ANY PERSON ENTERING INTO AN AGREEMENT, AND
    6  THEIR  DEPENDENTS,  FOR  A  CERTAIN PERIOD OF TIME IN EXCHANGE FOR A FEE
    7  ESTABLISHED UPON ENTERING INTO THE AGREEMENT.
    8    S 5702. HEALTH CARE RETAINER PROGRAMS. ANY PRIMARY CARE  PHYSICIAN  OR
    9  GROUP OF PRIMARY CARE PHYSICIANS MAY ESTABLISH AND OPERATE A HEALTH CARE
   10  RETAINER PROGRAM SUBJECT TO THE PROVISIONS OF THIS SECTION.
   11    (A)  EVERY  AGREEMENT  SHALL  BE WRITTEN IN CLEAR, CONCISE AND EASY TO
   12  UNDERSTAND LANGUAGE, AND FULLY DEFINE THE PRIMARY CARE SERVICES  COVERED
   13  BY  SUCH  AGREEMENT, THE FEE FOR THE PROVISION OF SUCH SERVICES, AND THE
   14  PERIOD OF TIME SUCH SERVICES ARE TO BE PROVIDED FOR SUCH FEE.
   15    (B) EVERY AGREEMENT SHALL BE LIMITED TO THE PROVISION OF PRIMARY CARE.
   16    (C) ALL FEES AND CHARGES PAID FOR AGREEMENTS SHALL BE DEPOSITED BY THE
   17  OPERATORS OF A  PROGRAM  IN  AN  UNSEGREGATED  INTEREST-BEARING  DEPOSIT
   18  ACCOUNT  WITH  A  BANKING  INSTITUTION,  AS  DEFINED IN THE BANKING LAW.
   19  MONEYS SHALL BE PAID OUT OF SUCH ACCOUNT  ONLY  IN  SUCH  AMOUNT  AS  IS
   20  EQUIVALENT TO THE FEES AND CHARGES FOR PRIMARY CARE DELIVERED DURING THE
   21  PRECEDING CALENDAR MONTH.
   22    (D) EVERY PROGRAM SHALL, ON OR BEFORE FEBRUARY FIRST EACH YEAR, SUBMIT
   23  AN  AFFIDAVIT TO THE SUPERINTENDENT ATTESTING TO ITS COMPLIANCE WITH THE
   24  PROVISIONS OF THIS ARTICLE DURING  THE  IMMEDIATELY  PRECEDING  CALENDAR
   25  YEAR.
   26    S 3. This act shall take effect immediately.