NY State Senate Bill 2011-S4660

Archive: Last Bill Status Via A3551 - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 05, 2012	tabled
Oct 03, 2012	vetoed memo.153
Sep 21, 2012	delivered to governor
Jun 12, 2012	returned to assembly passed senate 3rd reading cal.814 substituted for s4660
Jun 12, 2012	substituted by a3551a
May 21, 2012	advanced to third reading
May 16, 2012	2nd report cal.
May 15, 2012	1st report cal.814
Jan 04, 2012	referred to health
Apr 14, 2011	referred to health

Votes

- Jun 12, 2012 - Floor Vote
  A3551
  
  59
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 12, 2012
      
      aye (59)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Storobin
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (3)
      
      Espaillat
      
      Huntley
      
      Krueger
  May 15, 2012 - Health Committee Vote
  S4660
  
  14
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 15, 2012
      
      aye (14)
      
      Adams
      
      Ball
      
      Farley
      
      Fuschillo
      
      Golden
      
      Hannon
      
      Larkin
      
      McDonald
      
      Montgomery
      
      Rivera
      
      Seward
      
      Smith
      
      Stewart-Cousins
      
      Young
      
      aye wr (3)
      
      Duane
      
      Gianaris
      
      Peralta

co-Sponsors

2011-S4660 (ACTIVE) - Details

See Assembly Version of this Bill:: A3551
Law Section:: Public Health Law
Laws Affected:: Amd §238-a, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6955, A9933
2013-2014: S6585, A5357
2015-2016: S772, A7374
2017-2018: S156, A6171
2019-2020: S467, A2413
2021-2022: S1171, A6781

2011-S4660 (ACTIVE) - Summary

Relates to referrals of patients for health related items or services.

2011-S4660 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4660

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) (g) to
provide that a referral or arrangement that would be allowed under
federal law, 42 D.S.C. 1395nn or its regulations would similarly be
allowed under the New York law, unless the Public Health and Health
Planning Council declares a type of arrangement to pose a substantial
risk of payor 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 or arrangement allowed under federal law, unless the
state Public Health and Health Planning Council declares a type of
referral to pose a substantial risk of payor or patient abuse, by
regulation subject approval of the Health Commissioner.

JUSTIFICATION:
This bill is being introduced in order to determine
what effect the federal Stark law (named for its congressional
sponsor) establishes complex rules on referrals from one health care
provider to another and the financial relationships between providers.
The purpose is to avoid kickback arrangements and conflicts of
interest that cost patients and third-party payers money and can lead
to unnecessary and inappropriate services. New York State's law is
similar but not the same. So some arrangements or referrals are
permissible under the federal Stark law but not under the New York
statute. This can create difficulties for health care providers.

For example, the New York statute does not contain exceptions for
providing electronic medical record systems, donations of items and
services to federally qualified health centers, and fair market value
arrangements. Also, the New York exception for in-office ancillary
services requires an employer/employee relationship, as compared to
the Stark exception, which permits an independent contractor
relationship.

The bill would provide that arrangements or referrals that are allowed
under the federal law are also allowed under the New York law, unless
the Public Health and Health Planning Council and the Health
Commissioner designate particular types of arrangements or referrals
that would not be allowed because they pose a substantial risk of
payor or patient abuse. The bill was drafted in conjunction with
the State Bar Association's health law section and has broad
provider support.


The bill is being introduced in order to determine what practical
effect making NYS' law uniform with the federal Stark law would have
on business practices and consumer care.

PRIOR LEGISLATIVE HISTORY:
2009-10:   A.9933 - Passed Assembly.
           S.6955/A.9933 of 2010

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

2011-S4660 (ACTIVE) - Bill Text download pdf

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

                                  4660

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 14, 2011
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02276-02-1

S. 4660                             2

RISK OF PAYOR OR PATIENT ABUSE,  AS  DETERMINED  AND  SPECIFIED  BY  THE
PUBLIC  HEALTH  AND  HEALTH  PLANNING COUNCIL IN REGULATIONS, SUBJECT TO
APPROVAL BY THE COMMISSIONER.
  S  2.  Paragraph  (c)  of subdivision 6 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:
  (c) provided further, however, that the following shall not constitute
a referral by a referring practitioner:
  (i) a request by a practitioner for practitioners' services consisting
solely of professional services to be furnished personally by that prac-
titioner, or under that practitioner's supervision;
  (ii)  a  request  by  a pathologist for clinical diagnostic laboratory
tests and  pathological  examination  services,  if  such  services  are
furnished  by or under the supervision of such pathologist pursuant to a
consultation requested by another practitioner; [and]
  (iii) a request by a  radiologist  for  diagnostic  x-ray  or  imaging
services,  if such services are furnished by or under the supervision of
such radiologist pursuant to a consultation requested by another practi-
tioner[.]; AND
  (IV) A REFERRAL FOR ANY SERVICES EXCEPTED UNDER 42 U.S.C. S 1395NN AND
REGULATIONS PROMULGATED THEREUNDER, UNLESS THE PUBLIC HEALTH AND  HEALTH
PLANNING  COUNCIL  DETERMINES  AND  SPECIFIES IN REGULATIONS, SUBJECT TO
APPROVAL BY THE COMMISSIONER, THAT A PARTICULAR TYPE OF  REFERRAL  WOULD
POSE A SUBSTANTIAL RISK OF PAYOR OR PATIENT ABUSE IN RELATION TO PATIENT
BENEFITS.
  S 3. This act shall take effect immediately.

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Senate Bill S4660

Sponsored By

Archive: Last Bill Status Via A3551 - Vetoed by Governor

Jun 12, 2012 - Floor Vote

Floor Vote: Jun 12, 2012

May 15, 2012 - Health Committee Vote

Health Committee Vote: May 15, 2012

co-Sponsors

2011-S4660 (ACTIVE) - Details

2011-S4660 (ACTIVE) - Summary

2011-S4660 (ACTIVE) - Sponsor Memo

2011-S4660 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4660

Share this bill

Sponsored By

Kemp Hannon

Archive: Last Bill Status Via A3551 - Vetoed by Governor

co-Sponsors

Liz Krueger

2011-S4660 (ACTIVE) - Details

2011-S4660 (ACTIVE) - Summary

2011-S4660 (ACTIVE) - Sponsor Memo

2011-S4660 (ACTIVE) - Bill Text download pdf

Comments