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

                                  10677

                          I N  A S S E M B L Y

                              June 12, 2016
                               ___________

Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Barrett,
  Cahill) -- read once and referred to the Committee on Insurance

AN ACT to amend the insurance law, in relation to meetings  and  reports
  of the New York state health care quality and cost containment commis-
  sion

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

  Section 1. Section 213 of the insurance law, as added by section 1  of
part L of chapter 57 of the laws of 2007, is amended to read as follows:
  S 213. New York state health care quality and cost containment commis-
sion.  (a)  There  is hereby established within the department a commis-
sion, to be known as the "New York state health care  quality  and  cost
containment  commission".  The  commission  shall  consist  of  thirteen
members appointed by the governor, one of whom shall be the  superinten-
dent,  one  of whom shall be the commissioner of health, and six of whom
shall be appointed on the recommendation of the legislative leaders, two
on the recommendation of the temporary president of the senate,  two  on
the  recommendation of the speaker of the assembly, one on the recommen-
dation of the minority leader of the senate, and one on the  recommenda-
tion  of the minority leader of the assembly. All members shall serve at
the pleasure of the governor, and vacancies shall be  appointed  in  the
same  manner  as  original appointments. Members of the commission shall
serve without compensation, but shall be reimbursed for reasonable trav-
el expenses. In making appointments  to  the  commission,  the  governor
shall  ensure  that  the interests of health care consumers, small busi-
nesses, the medical community and health plans are  represented  on  the
commission.    THE  COMMISSION  SHALL  BE  REQUIRED TO MEET ON THE FIRST
MONDAY AFTER THE FIRST OF JANUARY OF  EACH  CALENDAR  YEAR  TO  CONSIDER
OUTSTANDING REQUESTS OR DUTIES.  ANY VACANCIES SHALL BE DEEMED WAIVED BY
THE  APPOINTING AUTHORITY FOR THE PURPOSES OF THE FIRST MEETING. NOTHING
IN THIS SECTION SHALL FORFEIT THE RIGHT FOR AN APPOINTMENT AUTHORITY  TO
FILL VACANCIES WITHIN THEIR STATUTORILY ALLOWED MEMBERS.
  (b)(1) The purpose of the commission shall be to analyze the impact on
health  insurance  costs and quality of proposed legislation which would

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

                                                           LBD15373-03-6

A. 10677                            2

mandate that health benefits be offered or made available in  individual
and  group health insurance policies, contracts and comprehensive health
service plans, including legislation that affects the delivery of health
benefits or services or the reimbursement of health care providers.
  (2)  [The]  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, THE governor,
the chair of the senate insurance committee and the chair of the  assem-
bly insurance committee may request in writing that the commission eval-
uate  a  proposed  mandated  benefit. Upon receiving such a request, the
commission may, by a majority vote of its members, undertake  an  evalu-
ation of such proposed mandated benefit.
  (3) In evaluating a proposed mandated benefit, the commission shall:
  (A)  investigate  the current practices of health plans with regard to
the proposed mandated benefit, and, to the extent possible,  self-funded
health benefit plans;
  (B)  investigate the potential premium impact of the proposed mandated
benefits on all segments of the insurance market, as well as the  poten-
tial  for  avoided costs through early detection and treatment of condi-
tions, or more cost-effective delivery of medical services; and
  (C) analyze the most current medical literature regarding the proposed
mandated benefit to determine its impact on health care quality.
  (4) In evaluating a proposed mandated benefit, the commission may hold
one or more public hearings, and shall strive to obtain independent  and
verifiable information from diverse sources within the healthcare indus-
try,  medical  community  and among health care consumers with regard to
the proposed mandated benefit.
  (c) To assist the commission in its duties, and upon the direction  of
the  commission,  the  superintendent is authorized to enter into one or
more contracts with independent entities and organizations  with  demon-
strable expertise in health care quality, finance, utilization and actu-
arial  services.  For  the  purposes of this section, the superintendent
shall not enter into contracts with health plans, entities or  organiza-
tions  owned or controlled by health plans, or with significant business
relationships with health plans.
  (d) Upon completion of its evaluation of a proposed  mandated  benefit
pursuant  to this section, the commission shall deliver a written report
of its findings to the chair of the assembly insurance committee and the
chair of the senate insurance committee.
  (E) THE COMMISSION SHALL ISSUE A REPORT TO THE GOVERNOR, THE  MAJORITY
LEADER  OF  THE  SENATE,  THE SPEAKER OF THE ASSEMBLY, THE CHAIRS OF THE
SENATE AND ASSEMBLY INSURANCE COMMITTEES, AND THE CHAIR  OF  THE  SENATE
TASK  FORCE  ON  LYME AND TICK-BORNE DISEASES, CONSIDERING THE IMPACT ON
HEALTH INSURANCE COSTS AND QUALITY OF LEGISLATION REQUIRING COVERAGE  OF
LONG-TERM  AND  CHRONIC  LYME DISEASE AND OTHER TICK-BORNE DISEASES. THE
COMMISSION SHALL BE REQUIRED  TO  CONSIDER  ISSUES  INCLUDING,  BUT  NOT
LIMITED  TO, THE SPECIFIC MEDICAL IMPACTS TO PARTICULAR GEOGRAPHIC AREAS
IN THE STATE INCLUDING THE HUDSON VALLEY AND LONG ISLAND, BEST PRACTICES
DEVELOPED FOR COVERAGE FOR LONG-TERM AND CHRONIC LYME DISEASE  IN  OTHER
STATES,  AND  THE  ASSOCIATED  COSTS OF MANDATED COVERAGE IN ADDITION TO
PROJECTED COSTS OF UNTREATED SYMPTOMS.  THE COMMISSION SHALL  DELIVER  A
WRITTEN REPORT OF ITS FINDINGS BY MAY FIRST, TWO THOUSAND SEVENTEEN.
  S 2. This act shall take effect immediately.