Bill Text: NY S09069 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires out-of-network treatment disclosure within twenty-four hours of approval of certain surgical procedures.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-10-28 - REFERRED TO RULES [S09069 Detail]
Download: New_York-2019-S09069-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9069 IN SENATE October 28, 2020 ___________ Introduced by Sen. PERSAUD -- 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 out-of-network treatment disclosure for certain surgical procedures The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 5 of section 230-d of the public health law, as 2 added by chapter 365 of the laws of 2007, is amended to read as follows: 3 5. Every licensee performing inpatient and/or outpatient surgical care 4 and that requires pre-approval of surgical procedures by the patient's 5 insurance provider shall provide notice to the patient if all or a 6 portion of treatment approved is authorized to be rendered by a provider 7 that is not an in-network provider. Such notification shall be provided 8 to the patient by telephone call, email or text message at the time of 9 approval by the licensee and shall be confirmed by mail not more than 10 twenty-four hours after approval of the surgical procedure. If the 11 licensee fails to provide such notice to the patient at least forty- 12 eight hours prior to the procedure, the licensee shall cover the cost of 13 the procedure as though the services were rendered by an in-network 14 provider. The provisions of this subdivision shall not apply to any 15 surgical procedure performed within twenty-four hours after the insured 16 sustains the injury necessitating the surgical procedure. 17 6. the commissioner shall make, adopt, promulgate and enforce such 18 rules and regulations, as he or she may deem appropriate, to effectuate 19 the purposes of this section. Where any rule or regulation under this 20 section would affect the scope of practice of a health care practitioner 21 licensed, registered or certified under title eight of the education law 22 other than those licensed under articles one hundred thirty-one or one 23 hundred thirty-one-B of the education law, the rule or regulation shall 24 be made with the concurrence of the commissioner of education. 25 § 2. The public health law is amended by adding a new section 2807-g 26 to read as follows: 27 § 2807-g. Notice of out-of-network treatment. Every hospital or other 28 licensed entity providing inpatient and/or outpatient surgical care that EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD17310-01-0S. 9069 2 1 requires pre-approval of surgical procedures by the patient's insurance 2 provider shall provide notice to the patient if all or a portion of 3 treatment approved is authorized to be rendered by a provider that is 4 not an in-network provider. Such notification shall be provided to the 5 patient by telephone call, email or text message at the time of approval 6 by such hospital or other licensed entity and shall be confirmed by mail 7 not more than twenty-four hours after approval of the surgical proce- 8 dure. If such hospital or other licensed entity fails to provide such 9 notice to the patient at least forty-eight hours prior to the procedure, 10 such hospital or other licensed entity shall cover the cost of the 11 procedure as though the services were rendered by an in-network provid- 12 er. The provisions of this subdivision shall not apply to any surgical 13 procedure performed within twenty-four hours after the insured sustains 14 the injury necessitating the surgical procedure. 15 § 3. This act shall take effect on the ninetieth day after it shall 16 have become a law.