Bill Text: NY S06351 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Directs the commissioner of health to approve courses for eligible physicians, nurses and other staff that covers risk management strategies in emergency department visits for individuals with a developmental or intellectual disability; provides a premium reduction for physicians who complete such risk management strategies course.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-05-20 - ADVANCED TO THIRD READING [S06351 Detail]

Download: New_York-2023-S06351-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          6351

                               2023-2024 Regular Sessions

                    IN SENATE

                                     April 17, 2023
                                       ___________

        Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health

        AN ACT to amend the public health law and the insurance law, in relation
          to a premium reduction for physicians,  nurses  and  other  staff  who
          complete  a  risk  management  strategies course relating to emergency
          department visits for individuals with a developmental or intellectual
          disability

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

     1    Section  1. Section 2828 of the public health law, as added by chapter
     2  689 of the laws of 2021, is renumbered section 2831 and  a  new  section
     3  2832 is added to read as follows:
     4    § 2832. Individuals with disabilities training strategies. 1. In order
     5  to  improve patient safety and outcomes, minimize health inequity, build
     6  the capacity of staff to understand the needs of individuals with intel-
     7  lectual and developmental disabilities and to promote informed consulta-
     8  tion by patients with their physicians, nurses and  other  staff  during
     9  visits to an emergency department in a general hospital, the commission-
    10  er,  in consultation with the office for people with developmental disa-
    11  bilities, shall approve  professional  education  courses  for  eligible
    12  physicians,  nurses  and  other staff as provided in subdivision four of
    13  this section,  that  covers  risk  management  strategies  in  emergency
    14  department  visits  for individuals with a developmental or intellectual
    15  disability as such term is defined in section 1.03 of the mental hygiene
    16  law, as described in subdivision two of this section. Such risk  manage-
    17  ment  strategies  courses  shall  be  subject  to  such standards as the
    18  commissioner, in consultation with the office for people  with  develop-
    19  mental disabilities, may prescribe by regulation. An eligible physician,
    20  nurse  or  other  staff  who successfully completes such risk management
    21  strategies course pursuant to  this  section  shall  receive  continuing
    22  medical education credit and a certificate of completion.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10725-02-3
        S. 6351                             2

     1    2.  Courses  on  risk management strategies during emergency visits by
     2  those with a developmental  or  intellectual  disability  shall  promote
     3  evidence-based clinical guidelines and patient safety protocols, with an
     4  emphasis on perspectives from those with a developmental or intellectual
     5  disability. Options for courses should be appropriate for the respective
     6  profession  and  may  include information and education addressing risks
     7  associated with emergency visits by individuals with a developmental  or
     8  intellectual  disability.  Course  options  shall  be  determined by the
     9  commissioner in consultation with the office for  people  with  develop-
    10  mental disabilities.
    11    3.  Attendance  at any course approved by the commissioner pursuant to
    12  this section shall be in person.
    13    4. Physicians who are board certified, nurses and other staff from  an
    14  emergency  department  in  a  general  hospital, shall be eligible for a
    15  disabilities risk management strategies course.
    16    5. The commissioner, in consultation with the office for  people  with
    17  developmental  disabilities,  shall be authorized to prescribe any rules
    18  and regulations necessary to implement this section. In prescribing such
    19  rules and regulations, the commissioner shall  consider  the  rules  and
    20  regulations  promulgated  by  the  superintendent  of financial services
    21  pursuant to subsection (e) of section two thousand three hundred  forty-
    22  three  of  the  insurance law and may consult with the superintendent of
    23  financial services.
    24    § 2. Subsection (e) of section 2343 of the insurance law, as added  by
    25  chapter 642 of the laws of 1990, is amended to read as follows:
    26    (e)  The  superintendent  may approve an appropriate premium reduction
    27  for: (1) an insured physician who successfully completes a risk  manage-
    28  ment  course;  or (2) an insured physician, nurse or other staff from an
    29  emergency department in a general hospital who successfully completes  a
    30  course  authorized  by  the  commissioner  of health pursuant to section
    31  twenty-eight hundred thirty-two of the public health law, which must  be
    32  approved  by  the superintendent subject to such standards as the super-
    33  intendent may prescribe by regulation. In  prescribing  such  regulation
    34  the superintendent may consult with the commissioner of health.
    35    §  3. This act shall take effect one year after it shall have become a
    36  law and shall apply to all  insurance  policies  and  contracts  issued,
    37  renewed,  modified  or  altered  on  and  after such effective date. The
    38  commissioner of health and the superintendent of financial services  are
    39  authorized to adopt, amend, suspend or repeal regulations and take other
    40  actions  necessary  for  the  implementation  of  this act prior to such
    41  effective  date;  provided,  however,  that  such  adoption,  amendment,
    42  suspension  or  repeal  of regulations shall not have legal effect until
    43  this act takes effect.