Bill Text: NY A10178 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires reimbursement for surgical first assistant services.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2012-06-06 - reported referred to ways and means [A10178 Detail]
Download: New_York-2011-A10178-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 10178 I N A S S E M B L Y May 10, 2012 ___________ Introduced by M. of A. LAVINE -- read once and referred to the Committee on Insurance AN ACT to amend the insurance law, the social services law and the work- ers' compensation law, in relation to reimbursement for surgical first assistant services THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subsection (i) of section 3216 of the insurance law is 2 amended by adding a new paragraph 29 to read as follows: 3 (29) EVERY POLICY ISSUED PURSUANT TO THIS SECTION WHICH PROVIDES 4 REIMBURSEMENT FOR NON-PHYSICIAN SURGICAL FIRST ASSISTANT SERVICES WHEN 5 SUCH SERVICES ARE PROVIDED BY A NON-PHYSICIAN SURGICAL FIRST ASSISTANT 6 WHO IS EMPLOYED BY A PHYSICIAN AND THE PHYSICIAN BILLS FOR THE SERVICES 7 SHALL NOT DENY SUCH COVERAGE EXCLUSIVELY ON THE BASIS THAT THE NON-PHY- 8 SICIAN SURGICAL FIRST ASSISTANT SERVICES WERE PERFORMED BY A REGISTERED 9 NURSE FIRST ASSISTANT WHO IS CERTIFIED IN OPERATING ROOM NURSING 10 PROVIDED THAT: (A) SUCH SERVICES ARE WITHIN THE SCOPE OF PRACTICE OF A 11 NON-PHYSICIAN SURGICAL FIRST ASSISTANT; AND (B) THE TERMS AND CONDITIONS 12 OF THE MEMBER CONTRACT OTHERWISE PROVIDE FOR THE COVERAGE OF SUCH 13 SERVICES. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO: PREVENT THE 14 MEDICAL MANAGEMENT OR UTILIZATION REVIEW OF SUCH SERVICES; PREVENT A 15 POLICY FROM REQUIRING SERVICES THROUGH A NETWORK OF PARTICIPATING 16 PROVIDERS WHO SHALL MEET CERTAIN REQUIREMENTS FOR PARTICIPATION, INCLUD- 17 ING PROVIDER CREDENTIALING; OR PROHIBIT AN INSURER FROM, IN ITS SOLE 18 DISCRETION, PROVIDING A GLOBAL OR CAPITATED PAYMENT OR ELECTING TO 19 DIRECTLY REIMBURSE A NON-PHYSICIAN SURGICAL FIRST ASSISTANT FOR SUCH 20 SERVICES. 21 S 2. Subsection (k) of section 3221 of the insurance law is amended by 22 adding a new paragraph 18 to read as follows: 23 (18) EVERY POLICY ISSUED PURSUANT TO THIS SECTION WHICH PROVIDES 24 REIMBURSEMENT FOR NON-PHYSICIAN SURGICAL FIRST ASSISTANT SERVICES WHEN 25 SUCH SERVICES ARE PROVIDED BY A NON-PHYSICIAN SURGICAL FIRST ASSISTANT 26 WHO IS EMPLOYED BY A PHYSICIAN AND THE PHYSICIAN BILLS FOR THE SERVICES 27 SHALL NOT DENY SUCH COVERAGE EXCLUSIVELY ON THE BASIS THAT THE NON-PHY- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01171-04-2 A. 10178 2 1 SICIAN SURGICAL FIRST ASSISTANT SERVICES WERE PERFORMED BY A REGISTERED 2 NURSE FIRST ASSISTANT WHO IS CERTIFIED IN OPERATING ROOM NURSING 3 PROVIDED THAT: (A) SUCH SERVICES ARE WITHIN THE SCOPE OF PRACTICE OF A 4 NON-PHYSICIAN SURGICAL FIRST ASSISTANT; AND (B) THE TERMS AND CONDITIONS 5 OF THE MEMBER CONTRACT OTHERWISE PROVIDE FOR THE COVERAGE OF SUCH 6 SERVICES. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO: PREVENT THE 7 MEDICAL MANAGEMENT OR UTILIZATION REVIEW OF SUCH SERVICES; PREVENT A 8 POLICY FROM REQUIRING SERVICES THROUGH A NETWORK OF PARTICIPATING 9 PROVIDERS WHO SHALL MEET CERTAIN REQUIREMENTS FOR PARTICIPATION, INCLUD- 10 ING PROVIDER CREDENTIALING; OR PROHIBIT AN INSURER FROM, IN ITS SOLE 11 DISCRETION, PROVIDING A GLOBAL OR CAPITATED PAYMENT OR ELECTING TO 12 DIRECTLY REIMBURSE A NON-PHYSICIAN SURGICAL FIRST ASSISTANT FOR SUCH 13 SERVICES. 14 S 3. Section 4303 of the insurance law is amended by adding a new 15 subsection (ii) to read as follows: 16 (II) EVERY CONTRACT ISSUED BY A HEALTH SERVICE CORPORATION OR A 17 MEDICAL EXPENSE INDEMNITY CORPORATION WHICH PROVIDES FOR REIMBURSEMENT 18 FOR SURGICAL FIRST ASSISTANT SERVICES SHALL PROVIDE COVERAGE FOR SUCH 19 SERVICES WHEN PROVIDED BY A REGISTERED NURSE FIRST ASSISTANT WHO IS 20 CERTIFIED IN OPERATING ROOM NURSING PROVIDED THAT: (1) SUCH SERVICES ARE 21 WITHIN THE SCOPE OF PRACTICE OF A NON-PHYSICIAN SURGICAL FIRST ASSIST- 22 ANT; AND (2) THE TERMS AND CONDITIONS OF THE MEMBER CONTRACT OTHERWISE 23 PROVIDE FOR THE COVERAGE OF SUCH SERVICES. NOTHING IN THIS PARAGRAPH 24 SHALL BE CONSTRUED TO: PREVENT THE MEDICAL MANAGEMENT OR UTILIZATION 25 REVIEW OF SUCH SERVICES; PREVENT A POLICY FROM REQUIRING SERVICES 26 THROUGH A NETWORK OF PARTICIPATING PROVIDERS WHO SHALL MEET CERTAIN 27 REQUIREMENTS FOR PARTICIPATION, INCLUDING PROVIDER CREDENTIALING; OR 28 PROHIBIT AN INSURER FROM, IN ITS SOLE DISCRETION, PROVIDING A GLOBAL OR 29 CAPITATED PAYMENT OR ELECTING TO DIRECTLY REIMBURSE A NON-PHYSICIAN 30 SURGICAL FIRST ASSISTANT FOR SUCH SERVICES. 31 S 4. Subdivision 2 of section 365-a of the social services law is 32 amended by adding a new paragraph (aa) to read as follows: 33 (AA) CARE AND SERVICES FOR SURGICAL FIRST ASSISTANT SERVICES PROVIDED 34 BY A REGISTERED NURSE FIRST ASSISTANT WHO IS CERTIFIED IN OPERATING ROOM 35 NURSING PROVIDED THAT: (I) SUCH SERVICES ARE WITHIN THE SCOPE OF PRAC- 36 TICE OF A NON-PHYSICIAN SURGICAL FIRST ASSISTANT; AND (II) THE TERMS AND 37 CONDITIONS OF THE MEMBER CONTRACT OTHERWISE PROVIDE FOR THE COVERAGE OF 38 SUCH SERVICES. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO: PREVENT 39 THE MEDICAL MANAGEMENT OR UTILIZATION REVIEW OF SUCH SERVICES: PREVENT A 40 POLICY FROM REQUIRING SERVICES THROUGH A NETWORK OF PARTICIPATING 41 PROVIDERS WHO SHALL MEET CERTAIN REQUIREMENTS FOR PARTICIPATION, INCLUD- 42 ING PROVIDER CREDENTIALING; OR PROHIBIT AN INSURER FROM, IN ITS SOLE 43 DISCRETION, PROVIDING A GLOBAL OR CAPITATED PAYMENT OR ELECTING TO 44 DIRECTLY REIMBURSE A NON-PHYSICIAN SURGICAL FIRST ASSISTANT FOR SUCH 45 SERVICES. 46 S 5. Subparagraphs (xv) and (xvi) of paragraph (e) of subdivision 1 of 47 section 369-ee of the social services law, subparagraph (xv) as amended 48 and subparagraph (xvi) as added by chapter 526 of the laws of 2002, are 49 amended and a new subparagraph (xvii) is added to read as follows: 50 (xv) services provided to meet the requirements of 42 U.S.C. 1396d(r); 51 [and] 52 (xvi) hospice services[.]; AND 53 (XVII) SURGICAL FIRST ASSISTANT SERVICES PERFORMED BY A REGISTERED 54 NURSE FIRST ASSISTANT WHO IS CERTIFIED IN OPERATING ROOM NURSING 55 PROVIDED THAT: (A) SUCH SERVICES ARE WITHIN THE SCOPE OF PRACTICE OF A 56 NON-PHYSICIAN SURGICAL FIRST ASSISTANT; AND (B) THE TERMS AND CONDITIONS A. 10178 3 1 OF THE MEMBER CONTRACT OTHERWISE PROVIDE FOR THE COVERAGE OF SUCH 2 SERVICES. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO: PREVENT THE 3 MEDICAL MANAGEMENT OR UTILIZATION REVIEW OF SUCH SERVICES; PREVENT A 4 POLICY FROM REQUIRING SERVICES THROUGH A NETWORK OF PARTICIPATING 5 PROVIDERS WHO SHALL MEET CERTAIN REQUIREMENTS FOR PARTICIPATION, INCLUD- 6 ING PROVIDER CREDENTIALING; OR PROHIBIT AN INSURER FROM, IN ITS SOLE 7 DISCRETION, PROVIDING A GLOBAL OR CAPITATED PAYMENT OR ELECTING TO 8 DIRECTLY REIMBURSE A NON-PHYSICIAN SURGICAL FIRST ASSISTANT FOR SUCH 9 SERVICES. 10 S 6. The opening paragraph of subdivision (a) of section 13 of the 11 workers' compensation law, as amended by chapter 6 of the laws of 2007, 12 is amended to read as follows: 13 The employer shall promptly provide for an injured employee such 14 medical, dental, surgical, optometric or other attendance or treatment, 15 nurse and hospital service, medicine, optometric services, crutches, 16 eye-glasses, false teeth, artificial eyes, orthotics, prosthetic 17 devices, functional assistive and adaptive devices and apparatus for 18 such period as the nature of the injury or the process of recovery may 19 require. The employer shall be liable for the payment of the expenses of 20 medical, dental, surgical, optometric or other attendance or treatment, 21 nurse and hospital service, medicine, optometric services, crutches, 22 eye-glasses, false teeth, artificial eyes, orthotics, prosthetic 23 devices, functional assistive and adaptive devices and apparatus, as 24 well as artificial members of the body or other devices or appliances 25 necessary in the first instance to replace, support or relieve a portion 26 or part of the body resulting from and necessitated by the injury of an 27 employee, for such period as the nature of the injury or the process of 28 recovery may require, and the employer shall also be liable for replace- 29 ments or repairs of such artificial members of the body or such other 30 devices, eye-glasses, false teeth, artificial eyes, orthotics, prosthet- 31 ic devices, functional assistive and adaptive devices or appliances 32 necessitated by ordinary wear or loss or damage to a prosthesis, with or 33 without bodily injury to the employee. Damage to or loss of a prosthetic 34 device shall be deemed an injury except that no disability benefits 35 shall be payable with respect to such injury under section fifteen of 36 this article. Such a replacement or repair of artificial members of the 37 body or such other devices, eye-glasses, false teeth, artificial eyes, 38 orthotics, prosthetic devices, functional assistive and adaptive devices 39 or appliances or the providing of medical treatment and care as defined 40 herein shall not constitute the payment of compensation under section 41 twenty-five-a of this article. ALL SURGICAL SERVICES COVERED BY THIS 42 ARTICLE, INCLUDING COVERAGE FOR SURGICAL FIRST ASSISTANT SERVICES, SHALL 43 INCLUDE CARE AND SERVICES FURNISHED IN ALL COVERED SETTINGS PROVIDED BY 44 A REGISTERED NURSE FIRST ASSISTANT WHO IS CERTIFIED IN OPERATING ROOM 45 NURSING PROVIDED THAT: (A) SUCH SERVICES ARE WITHIN THE SCOPE OF PRAC- 46 TICE OF A NON-PHYSICIAN SURGICAL FIRST ASSISTANT; AND (B) THE TERMS AND 47 CONDITIONS OF THE MEMBER CONTRACT OTHERWISE PROVIDE FOR THE COVERAGE OF 48 SUCH SERVICES. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO: PREVENT 49 THE MEDICAL MANAGEMENT OR UTILIZATION REVIEW OF SUCH SERVICES; PREVENT A 50 POLICY FROM REQUIRING SERVICES THROUGH A NETWORK OF PARTICIPATING 51 PROVIDERS WHO SHALL MEET CERTAIN REQUIREMENTS FOR PARTICIPATION, INCLUD- 52 ING PROVIDER CREDENTIALING; OR PROHIBIT AN INSURER FROM, IN ITS SOLE 53 DISCRETION, PROVIDING A GLOBAL OR CAPITATED PAYMENT OR ELECTING TO 54 DIRECTLY REIMBURSE A NON-PHYSICIAN SURGICAL FIRST ASSISTANT FOR SUCH 55 SERVICES. All fees and other charges for such treatment and services A. 10178 4 1 shall be limited to such charges as prevail in the same community for 2 similar treatment of injured persons of a like standard of living. 3 S 7. This act shall take effect on the one hundred eightieth day after 4 it shall have become a law and shall apply to all policies and contracts 5 issued, renewed, modified, altered or amended on or after such effective 6 date.