Bill Text: NY A09994 | 2023-2024 | General Assembly | Introduced


Bill Title: Establishes an office of the state medical indemnity fund ombudsman and a medical indemnity fund advisory panel to advocate for, assist and represent the interests of qualified plaintiffs.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-05-30 - reported referred to ways and means [A09994 Detail]

Download: New_York-2023-A09994-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          9994

                   IN ASSEMBLY

                                       May 1, 2024
                                       ___________

        Introduced  by  M.  of  A.  BUTTENSCHON -- read once and referred to the
          Committee on Health

        AN ACT to amend the public health law, in relation  to  establishing  an
          office  of  the  state  medical indemnity fund ombudsman and a medical
          indemnity fund advisory panel

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

     1    Section 1. The public health law is amended by adding two new sections
     2  2999-l and 2999-l-1 to read as follows:
     3    §  2999-l. Medical indemnity fund ombudsman. 1. There is hereby estab-
     4  lished an office of the state medical indemnity fund ombudsman  for  the
     5  purpose of receiving and resolving complaints affecting qualified plain-
     6  tiffs,  where  appropriate, referring such complaints to the appropriate
     7  agencies and acting in concert  with  such  agencies.  The  commissioner
     8  shall appoint a full-time medical indemnity fund ombudsman to administer
     9  and  supervise the office of the state medical indemnity fund ombudsman.
    10  The medical indemnity fund ombudsman shall be selected from among  indi-
    11  viduals with expertise and experience in the field of neurological inju-
    12  ries and advocacy, and with such other qualifications as shall be deter-
    13  mined  by  the  commissioner.   Such ombudsman may, with approval of the
    14  commissioner, appoint one or more authorized deputies to assist  in  his
    15  or  her duties pursuant to this section; provided, however, that no such
    16  deputy shall have any conflict of interest, or be employed by  the  fund
    17  administrator or other party involved in the management of the fund. The
    18  medical indemnity fund ombudsman shall, personally or through authorized
    19  deputies:
    20    (a)  identify,  investigate and resolve complaints that are made by or
    21  on behalf of qualified plaintiffs, and that relate to actions, inactions
    22  or decisions that may adversely affect the health,  safety,  welfare  or
    23  rights of qualified plaintiffs;
    24    (b)  provide  services to assist qualified plaintiffs, or their repre-
    25  sentatives, in navigating the fund and understanding  the  fund's  regu-
    26  lations, guidelines and procedures;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08066-01-3

        A. 9994                             2

     1    (c)  inform  qualified  plaintiffs, or their representatives, of their
     2  rights and means of obtaining the services, supplies  and  modifications
     3  to which they are entitled;
     4    (d)  analyze  and  monitor  implementation of the laws and regulations
     5  relating to the fund; and
     6    (e) carry out other such activities as the commissioner  shall  deter-
     7  mine appropriate.
     8    2. Neither the medical indemnity fund ombudsman, nor any of his or her
     9  deputies  shall  disclose  to any person outside the office of the state
    10  medical indemnity fund ombudsman any information obtained from a  quali-
    11  fied  plaintiff's records without the consent of the qualified plaintiff
    12  or his or her representative.
    13    3. Within one year of the effective date of this section, and annually
    14  thereafter, the medical indemnity fund ombudsman  shall  submit  to  the
    15  commissioner, the speaker of the assembly and the temporary president of
    16  the  senate,  a  report  which  shall  include, but not be limited to, a
    17  detailed summary of the activities of the office of  the  state  medical
    18  indemnity fund ombudsman, data regarding the complaints and issues with-
    19  in  the  fund, the process used in resolving issues, and recommendations
    20  for legislative or regulatory amendments to improve the fund.
    21    § 2999-l-1. Medical indemnity fund advisory  panel.  There  is  hereby
    22  established an advisory panel to be comprised of the commissioner, qual-
    23  ified plaintiffs or representatives of qualified plaintiffs, physicians,
    24  medical  suppliers, advocates and other interested parties. The advisory
    25  panel shall be chaired by the commissioner and shall be composed of  not
    26  less  than  nine  additional members appointed by the governor, of which
    27  two shall be appointed upon recommendation of the temporary president of
    28  the senate and two shall be appointed upon  the  recommendation  of  the
    29  speaker  of the assembly. The advisory panel shall meet biannually, with
    30  the first meeting occurring within one hundred eighty days of the effec-
    31  tive date of this section, to discuss the functioning of  the  fund  and
    32  any  relevant  issues.  The  commissioner  shall  consider the input and
    33  comments of the advisory panel in  drafting  and  amending  regulations,
    34  guidelines or policies pertaining to the fund administration.
    35    §  2.  This  act shall take effect on the ninetieth day after it shall
    36  have become a law. Effective immediately, the addition, amendment and/or
    37  repeal of any rule or regulation necessary  for  the  implementation  of
    38  this  act  on its effective date are authorized to be made and completed
    39  on or before such effective date.
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