Bill Text: NY S00986 | 2017-2018 | General Assembly | Introduced


Bill Title: Relates to the state medical indemnity fund and consumer and stakeholder workgroups.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-01-23 - SUBSTITUTED BY A378 [S00986 Detail]

Download: New_York-2017-S00986-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           986
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 5, 2017
                                       ___________
        Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        AN ACT to amend the public health law, in relation to the state  medical
          indemnity  fund;  to amend a chapter of the laws of 2016, amending the
          public health law relating to payments from the New York state medical
          indemnity fund, in relation  to  the  effectiveness  thereof;  and  to
          repeal  subdivisions  2-a and 7-a of section 2999-j and section 2999-k
          of the public health law, relating to requests for denials  of  claims
          and  denials  of  requests  for  prior authorizations and consumer and
          stakeholder workgroups
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.   Subdivisions 2-a and 7-a of section 2999-j of the public
     2  health law, as added by a chapter of the  laws  of  2016,  amending  the
     3  public  health  law relating to payments from the New York state medical
     4  indemnity fund, as proposed in legislative bills  numbers  S.7873-B  and
     5  A.9835-B, are REPEALED.
     6    §  2.  Paragraph  (c) of subdivision 2 of section 2999-j of the public
     7  health law, as added by a chapter of the  laws  of  2016,  amending  the
     8  public  health  law relating to payments from the New York state medical
     9  indemnity fund, as proposed in legislative bills  numbers  S.7873-B  and
    10  A.9835-B, is amended to read as follows:
    11    (c)  such  regulations shall not prohibit qualifying health care costs
    12  on the grounds that the qualifying health care cost [is not  limited  to
    13  the  direct  need  of  the  patient  and] may incidentally benefit other
    14  members of the household, provided that whether  the  qualifying  health
    15  care cost primarily benefits the patient may be considered.
    16    §  3.  Subdivision  3  of  section 2999-h of the public health law, as
    17  amended by a chapter of the laws of 2016, amending the public health law
    18  relating to payments from the New York state medical indemnity fund,  as
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06718-04-7

        S. 986                              2
     1  proposed  in legislative bills numbers S.7873-B and A.9835-B, is amended
     2  to read as follows:
     3    3.  "Qualifying health care costs" means the future medical, hospital,
     4  surgical, nursing, dental, rehabilitation, habilitation, respite, custo-
     5  dial, durable medical equipment, home modifications, assistive technolo-
     6  gy, vehicle modifications, transportation for purposes  of  health  care
     7  related appointments, prescription and non-prescription medications, and
     8  other  health  care costs actually incurred for services rendered to and
     9  supplies utilized by qualified plaintiffs, which are necessary  to  meet
    10  their  health  care needs, [including providing therapeutic benefit,] as
    11  determined by their treating physicians, physician assistants, or  nurse
    12  practitioners  and  as  otherwise  defined  by the commissioner in regu-
    13  lation.
    14    § 4. Section 2999-k of the public health law, as added by a chapter of
    15  the laws of 2016, amending the public health law  relating  to  payments
    16  from  the New York state medical indemnity fund, as proposed in legisla-
    17  tive bills numbers S.7873-B and A.9835-B, is REPEALED.
    18    § 5. On or before April  1,  2017,  the  superintendent  of  financial
    19  services  shall  issue  a  report  to  the  governor and the legislature
    20  addressing the financial condition of the state medical indemnity  fund,
    21  the  future solvency of such fund, and any issues relating to the opera-
    22  tion  of  such  fund  that  the  superintendent,  in  his  or  her  sole
    23  discretion,  elects  to  include in the report. In preparing the report,
    24  the superintendent may  consult  with  qualified  plaintiffs,  represen-
    25  tatives  of  qualified  plaintiffs, and physicians, advocates, and other
    26  interested parties.
    27    § 6. Section 5 of a chapter of the laws of 2016, amending  the  public
    28  health  law  relating to payments from the New York state medical indem-
    29  nity fund,  as  proposed  in  legislative  bills  numbers  S.7873-B  and
    30  A.9835-B, is amended to read as follows:
    31    §  5. This act shall take effect on the forty-fifth day after it shall
    32  have become a law, provided that the  amendments  to  subdivision  4  of
    33  section  2999-j of the public health law made by section two of this act
    34  shall take effect on June 30,  2017  and  shall  expire  and  be  deemed
    35  repealed December 31, 2019.
    36    §  7.  This act shall take effect immediately; provided, however, that
    37  sections one, two, three and four of this act shall take effect  on  the
    38  same  date  and  in  the  same  manner as a chapter of the laws of 2016,
    39  amending the public health law relating to payments from  the  New  York
    40  state  medical  indemnity fund, as proposed in legislative bills numbers
    41  S.7873-B and A.9835-B, takes effect.
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