Bill Text: NY S01434 | 2011-2012 | General Assembly | Introduced

New York Senate Bill 1434 (Prior Session Legislation)

Introduced

Bill Title: Prohibits incentive arrangements for inducing a health care provider to change prescriptions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO INSURANCE [S01434 Detail]

Download: New_York-2011-S01434-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1434
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    January 7, 2011
                                      ___________
       Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
         printed to be committed to the Committee on Insurance
       AN ACT to amend the insurance law and the public health law, in relation
         to prohibiting accident and health insurers from  offering  incentives
         to health care providers to prescribe a specific drug or medical prod-
         uct
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 3217-b of the insurance law is amended by adding  a
    2  new subsection (j) to read as follows:
    3    (J)  NO  INSURER  SUBJECT  TO THE PROVISIONS OF THIS ARTICLE SHALL, BY
    4  CONTRACT, WRITTEN POLICY OR PROCEDURE OR ANY  OTHER  AGREEMENT,  PROVIDE
    5  PAYMENT  OR  ANY  OTHER  INCENTIVE TO A HEALTH CARE PROVIDER TO ISSUE OR
    6  CHANGE A PRESCRIPTION FOR A SPECIFIC DRUG OR MEDICAL PRODUCT. VIOLATIONS
    7  OF THIS SUBSECTION SHALL  BE  PUNISHABLE  AS  PROVIDED  IN  SECTION  ONE
    8  HUNDRED NINE OF THIS CHAPTER.
    9    S  2.  Section  4325  of  the insurance law is amended by adding a new
   10  subsection (k) to read as follows:
   11    (K) NO INSURER SUBJECT TO THE PROVISIONS OF  THIS  ARTICLE  SHALL,  BY
   12  CONTRACT,  WRITTEN  POLICY  OR PROCEDURE OR ANY OTHER AGREEMENT, PROVIDE
   13  PAYMENT OR ANY OTHER INCENTIVE TO A HEALTH CARE  PROVIDER  TO  ISSUE  OR
   14  CHANGE   A   PRESCRIPTION  FOR  A  SPECIFIC  DRUG  OR  MEDICAL  PRODUCT.
   15  VIOLATIONS OF THIS SUBSECTION SHALL BE PUNISHABLE AS PROVIDED IN SECTION
   16  ONE HUNDRED NINE OF THIS CHAPTER.
   17    S 3. Section 4406-c of the public health law is amended  by  adding  a
   18  new subdivision 5-e to read as follows:
   19    5-E.  NO  HEALTH  CARE  PLAN SUBJECT TO THE PROVISIONS OF THIS ARTICLE
   20  SHALL, BY CONTRACT, WRITTEN POLICY OR PROCEDURE OR ANY OTHER  AGREEMENT,
   21  PROVIDE  PAYMENT  OR  ANY  OTHER  INCENTIVE TO A HEALTH CARE PROVIDER TO
   22  ISSUE OR CHANGE A PRESCRIPTION FOR A SPECIFIC DRUG OR MEDICAL PRODUCT.
   23    S 4. This act shall take effect on the ninetieth day  after  it  shall
   24  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05597-01-1