NY State Senate Bill 2009-S2981

Senate Bill S2981

2009-2010 Legislative Session

Requires health care providers to post notice of cessation of participation in health maintenance organization

download bill text pdf

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to health
Mar 09, 2009	referred to health

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2009-S2981 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §18-b, Pub Health L

2009-S2981 (ACTIVE) - Summary

Requires health care providers to post notice of cessation of participation in a health maintenance organization.

2009-S2981 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2981

 TITLE OF BILL :
An act to amend the public health law, in relation to requiring health
care providers to post notice of cessation of participation in a
health maintenance organization


 PURPOSE :
To ensure patients are aware that their health care provider will no
longer be participating in their Health Maintenance Organization's
network.

 SUMMARY OF PROVISIONS :
Section 1 of the bill adds a new section 18-b to the public health law
to require a health care provider to post a notice in their offices
notifying patients that they will no longer be participating in a
Health Maintenance Organization's network. This section specifies the
size and content of the notice and requires the notice to be posted
within 15 days of the decision to leave the HMO and remain posted 30
days after the health care provider has left the network.

 EXISTING LAW :
Under current law, when a primary care physician is leaving an HMO's
network, the HMO must notify all plan participants of the change in
status. However, when a patient has been referred to another provider

for additional treatments or procedures, there is no mechanism to
ensure that patients are notified if that provider plans to leave the
network.

 JUSTIFICATION :
When a patient has been referred to a health care provider, they are
not given any official notification if that provider decides to leave
a Health Maintenance Organization's network. While it would be
expected that the office personnel would inform the patient when they
visit the office, it could be overlooked by the health care provider's
staff or not fully understood by the patient. This bill would ensure
that proper notice of this intent is posted in the office, allowing
patients to make other arrangements concerning their insurance and
health care.

 LEGISLATIVE HISTORY :

2007 - Referred to Health
2008 - Referred to Health

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become law.

2009-S2981 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2981

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 9, 2009
                               ___________

Introduced  by Sens. SCHNEIDERMAN, ADAMS, BRESLIN, DIAZ, DUANE, KRUEGER,
  MONTGOMERY, PARKER, SAMPSON, STAVISKY -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to  requiring  health
  care  providers  to  post  notice  of  cessation of participation in a
  health maintenance organization

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  public health law is amended by adding a new section
18-b to read as follows:
  S 18-B. HEALTH CARE PROVIDER CESSATION OF PARTICIPATION  IN  A  HEALTH
MAINTENANCE ORGANIZATION; NOTICE TO BE POSTED. EACH HEALTH CARE PROVIDER
PARTICIPATING  IN  A HEALTH MAINTENANCE ORGANIZATION SHALL CONSPICUOUSLY
POST IN A PROMINENT AND VISIBLE AREA A SIGN MEASURING AT LEAST TWO  FEET
BY  FOUR FEET IN WRITING OF AT LEAST THIRTY-SIX POINT PRINT, WITH NOTICE
OF SUCH HEALTH CARE PROVIDER'S CESSATION OF PARTICIPATION  IN  A  HEALTH
MAINTENANCE  ORGANIZATION  WITHIN  FIFTEEN  DAYS  FROM THE DATE THAT THE
HEALTH CARE PROVIDER BECOMES AWARE OF SUCH CESSATION. THE  NOTICE  SHALL
REMAIN  POSTED  UNTIL  THIRTY DAYS AFTER THE HEALTH CARE PROVIDER CEASES
PARTICIPATION IN THE HEALTH MAINTENANCE ORGANIZATION. THE  NOTICE  SHALL
CONSIST  OF INFORMATION PERTAINING TO THE NAME OF THE HEALTH MAINTENANCE
ORGANIZATION, THE DATE THE HEALTH CARE PROVIDER WILL CEASE PARTICIPATION
IN THE HEALTH MAINTENANCE ORGANIZATION, AS WELL AS ANY OTHER INFORMATION
APPROPRIATE AND NECESSARY TO FULLY INFORM PATIENTS OF SUCH  INFORMATION.
FOR  THE PURPOSES OF THIS SECTION, "HEALTH CARE PROVIDER" MEANS AN INDI-
VIDUAL OR FACILITY  LICENSED,  CERTIFIED,  OR  OTHERWISE  AUTHORIZED  OR
PERMITTED  BY  LAW  TO  ADMINISTER HEALTH CARE IN THE ORDINARY COURSE OF
BUSINESS OR PROFESSIONAL PRACTICE.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02826-01-9

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