Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 06, 2010 |
referred to judiciary |
Jan 07, 2009 |
referred to judiciary |
Assembly Bill A767
2009-2010 Legislative Session
Sponsored By
GOTTFRIED
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Rhoda Jacobs
Sandy Galef
Aileen Gunther
William Scarborough
multi-Sponsors
Peter Abbate
Jonathan Bing
William Boyland
James F. Brennan
2009-A767 (ACTIVE) - Details
2009-A767 (ACTIVE) - Summary
Provides for accountability of "health care organizations" (i.e., entities, other than a health care provider, that approve, provide, arrange for or pay for health care services, including a health plan's preferred provider organization): provides that whenever health care organizations delay, fail or refuse to approve, provide, arrange for, or pay for in a timely manner any health care service that it is contractually obligated to provide or cover for a person, it shall be liable for any personal injury, death or damages caused by delay, failure or refusal; provides that an organization shall be liable for acts by an agent, contractor, etc., for which the organization would be liable if the act were committed by the organization; imposes upon all health plans (including workers compensation and casualty insurers) the duty to exercise reasonable care when making decisions that affect the health care service of an enrollee, and in selecting and exerting influence over its employees, agents, etc., who act on its behalf regarding decisions that affect the quality of an enrollee's diagnosis, care or treatment; prohibits organizations from requiring a health care provider to indemnify or hold it harmless for its liability
2009-A767 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 767 2009-2010 Regular Sessions I N A S S E M B L Y (PREFILED) January 7, 2009 ___________ Introduced by M. of A. GOTTFRIED, JACOBS, EDDINGTON, GALEF, GUNTHER, SCARBOROUGH, BRADLEY, HEASTIE, KOON, ROSENTHAL, KAVANAGH, POWELL, SPANO -- Multi-Sponsored by -- M. of A. ABBATE, BING, BOYLAND, BREN- NAN, CARROZZA, CHRISTENSEN, CLARK, COLTON, COOK, CUSICK, CYMBROWITZ, DESTITO, DIAZ, DINOWITZ, ENGLEBRIGHT, FIELDS, GIANARIS, GLICK, GREENE, HIKIND, HOOPER, HOYT, JOHN, KELLNER, LIFTON, V. LOPEZ, MAGNARELLI, MARKEY, MAYERSOHN, McENENY, MILLER, MILLMAN, ORTIZ, PAULIN, PERALTA, PERRY, PHEFFER, REILLY, P. RIVERA, SWEENEY, TITUS, TOWNS -- read once and referred to the Committee on Judiciary AN ACT to amend the general obligations law, the civil practice law and rules and the public health law, in relation to holding health care organizations accountable for the consequences of their decisions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings. The legislature finds that a wide variety of entities are integrating the functions of paying for health care, determining what health care is paid for, and providing the care. This integration of functions is breaking down traditional distinctions. Increasingly, payor determinations are governing health care and controlling decisions that in the past were the exclusive domain of health care professionals and patients. The legislature further finds that this integration of functions makes it imperative that health care organizations be held fully responsible for the consequences of their decisions, much as health care professionals have been held accountable for the consequences of their decisions. S 2. The general obligations law is amended by adding two new sections 11-108 and 11-109 to read as follows: S 11-108. ACCOUNTABILITY OF HEALTH CARE ORGANIZATIONS. 1. DEFI- NITIONS. FOR PURPOSES OF THIS SECTION AND SECTION 11-109 OF THIS TITLE, UNLESS THE CONTEXT CLEARLY REQUIRES OTHERWISE: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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