Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 26, 2010 |
referred to health delivered to senate passed assembly |
Apr 15, 2010 |
advanced to third reading cal.785 |
Apr 13, 2010 |
reported |
Feb 12, 2010 |
referred to health |
Assembly Bill A9933
2009-2010 Legislative Session
Sponsored By
GOTTFRIED
Archive: Last Bill Status - In Senate Committee Health 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
2009-A9933 (ACTIVE) - Details
- See Senate Version of this Bill:
- S6955
- Current Committee:
- Senate Health
- Law Section:
- Public Health Law
- Laws Affected:
- Amd §238-a, Pub Health L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
A3551, S4660
2013-2014: A5357, S6585
2015-2016: A7374, S772
2017-2018: A6171, S156
2019-2020: A2413, S467
2021-2022: A6781, S1171
2009-A9933 (ACTIVE) - Sponsor Memo
BILL NUMBER:A9933 TITLE OF BILL: An act to amend the public health law, in relation to referrals of patients for health or health related items or services PURPOSE OR GENERAL IDEA OF BILL: To promote conformity between the federal Stark Law and New York's Health Care Practitioner Referrals Statute. SUMMARY OF PROVISIONS: Amends Public Health Law §238-a (2) (c) to provide that a referral that would be allowed under federal law, 42 U.S.C. 1395nn or its regulations would similarly be allowed under the New York law, unless the Public Health Council declares a type of arrangement to pose a substantial risk of payer or patient abuse, by regulation approved by the Health Commissioner. Amends the list of exemptions in Public Health Law § 238-a (6) (c) to add any referral allowed under federal law, unless the state Public Health Counsel declares a type of referral to pose a substantial risk of payer or patient abuse, by regulation subject approval of the Health Commissioner. JUSTIFICATION: In the absence of conformity between the federal and State statutes, some arrangements or referrals involving health care provider that are permissible under the federal Stark law may not be permitted by the New York statute. For example, the New York statute
2009-A9933 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9933 I N A S S E M B L Y February 12, 2010 ___________ Introduced by M. of A. GOTTFRIED -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to referrals of patients for health or health related items or services THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (g) of subdivision 2 of section 238-a of the public health law, as added by chapter 803 of the laws of 1992, is amended to read as follows: (g) [in the case of any other financial relationship which the public health council determines and specifies in regulations, subject to approval by the commissioner, does not pose a substantial risk of payor or patient abuse in relation to patient benefits consistent, to the extent practicable, with financial relationships specified in regu- lations adopted pursuant to federal law applicable to reimbursement pursuant to title XVIII of the federal social security act (medicare) for clinical laboratory services provided to beneficiaries of title XVIII of the federal social security act (medicare)] ANY ARRANGEMENT THAT, UNDER THE FEDERAL STATUTORY PROHIBITION ON CERTAIN REFERRALS CODI- FIED AT 42 U.S.C. 1395NN AND REGULATIONS PROMULGATED THEREUNDER, WOULD BE AN ARRANGEMENT BETWEEN A PRACTITIONER (OR IMMEDIATE FAMILY MEMBER) AND A HEALTH CARE PROVIDER THAT: (I) WOULD NOT BE A FINANCIAL RELATIONSHIP IF EXISTING BETWEEN A PHYSI- CIAN AND AN ENTITY, AS SUCH TERMS ARE DEFINED UNDER SUCH FEDERAL LAW OR REGULATIONS; OR (II) WOULD SATISFY THE REQUIREMENTS OF AN EXCEPTION RELATING TO FINAN- CIAL RELATIONSHIPS PROVIDED UNDER SUCH FEDERAL LAW OR REGULATIONS IF EXISTING BETWEEN A PHYSICIAN AND AN ENTITY, AS SUCH TERMS ARE DEFINED UNDER SUCH FEDERAL LAW OR REGULATIONS. AN ARRANGEMENT SHALL NOT BE EXCEPTED UNDER THIS PARAGRAPH IF IT IS A PARTICULAR TYPE OF FINANCIAL RELATIONSHIP THAT WOULD POSE A SUBSTANTIAL RISK OF PAYOR OR PATIENT ABUSE, AS DETERMINED AND SPECIFIED BY THE PUBLIC HEALTH COUNCIL IN REGULATIONS, SUBJECT TO APPROVAL BY THE COMMIS- SIONER. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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