Bill Text: NY S03282 | 2023-2024 | General Assembly | Amended

---

Bill Title: Clarifies provisions regarding health care professional applications and terminations.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2024-06-07 - referred to codes [S03282 Detail]

Download: New_York-2023-S03282-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         3282--A
            Cal. No. 165

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 30, 2023
                                       ___________

        Introduced  by  Sens.  RIVERA, CLEARE -- read twice and ordered printed,
          and when printed to be committed to the Committee on Health --  recom-
          mitted  to  the  Committee on Health in accordance with Senate Rule 6,
          sec. 8 -- reported favorably from said committee, ordered to first and
          second report,  ordered  to  a  third  reading,  amended  and  ordered
          reprinted, retaining its place in the order of third reading

        AN ACT to amend the public health law and the insurance law, in relation
          to health care professional applications and terminations

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

     1    Section 1. Subdivision 5-e of section 4406-c of the public health law,
     2  as added by chapter 377 of the laws of  2019,  is  amended  to  read  as
     3  follows:
     4    5-e.  (a)  At  least sixty days prior to the termination of a contract
     5  between a hospital and a health care plan, the parties shall  utilize  a
     6  mutually  agreed  upon  mediator  to assist in resolving any outstanding
     7  contractual issues. The results of the mediation shall not be binding on
     8  the parties.
     9    (b) At least sixty days prior to the expiration or  non-renewal  of  a
    10  contract  between  a  physician or physician group practice and a health
    11  care plan, a physician or physician  group  may,  at  their  discretion,
    12  utilize  a  mutually  agreed  upon  mediator  to assist in resolving any
    13  outstanding contractual issues. At least one week  prior  to  the  medi-
    14  ation,  the  parties  shall provide a written statement explaining their
    15  respective positions, including but not limited to their  rationale  for
    16  the  decision, regarding   the non-renewal of the contract.  The results
    17  of the mediation shall not be  binding  on  the  parties.  A  terminated
    18  contract between such parties shall be governed by section four thousand
    19  four hundred six-d of this article.
    20    §  2.  Subsection (l) of section 3217-b of the insurance law, as added
    21  by chapter 377 of the laws of 2019, is amended to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02414-06-4
        S. 3282--A                          2

     1    (l) (1) At least sixty days prior to the  termination  of  a  contract
     2  between  a hospital and an insurer, the parties shall utilize a mutually
     3  agreed upon mediator to assist in resolving any outstanding  contractual
     4  issues.    The  results  of  the  mediation  shall not be binding on the
     5  parties.
     6    (2)  At  least  sixty days prior to the expiration or non-renewal of a
     7  contract between a  physician or physician group practice and an  insur-
     8  er,  a  physician or physician group may, at their discretion, utilize a
     9  mutually agreed upon mediator to assist  in  resolving  any  outstanding
    10  contractual  issues.  At  least  one  week  prior  to the mediation, the
    11  parties shall provide a written statement  explaining  their  respective
    12  positions,  including  but  not limited to their rationale for the deci-
    13  sion, regarding the   non-renewal of the contract. The  results  of  the
    14  mediation  shall  not  be  binding on the parties. A terminated contract
    15  between such parties shall be governed by section  four  thousand  eight
    16  hundred three of this chapter.
    17    §  3. Subsection (m) of section 4325 of the insurance law, as added by
    18  chapter 377 of the laws of 2019, is amended to read as follows:
    19    (m) (1) At least sixty days prior to the  termination  of  a  contract
    20  between  a  hospital  and  an  organization, the parties shall utilize a
    21  mutually agreed upon mediator to assist  in  resolving  any  outstanding
    22  contractual issues. The results of the mediation shall not be binding on
    23  the parties.
    24    (2)  At  least  sixty days prior to the expiration or non-renewal of a
    25  contract between a  physician or physician group practice and  a  corpo-
    26  ration, a physician or physician group may, at their discretion, utilize
    27  a  mutually  agreed upon mediator to assist in resolving any outstanding
    28  contractual issues. At least  one  week  prior  to  the  mediation,  the
    29  parties  shall  provide  a written statement explaining their respective
    30  positions, including but not limited to their rationale  for  the  deci-
    31  sion,  regarding  the  non-renewal of the contract.   The results of the
    32  mediation shall not be binding on the  parties.  A  terminated  contract
    33  between  such  parties  shall be governed by section four thousand eight
    34  hundred three of this chapter.
    35    § 4. This act shall take effect on the ninetieth day  after  it  shall
    36  have become a law.