S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    378
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 5, 2017
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee on Health
 
 AN  ACT to amend the public health law, in relation to the state medical
   indemnity fund; to amend a chapter of the laws of 2016,  amending  the
   public health law relating to payments from the New York state medical
   indemnity  fund,  in  relation  to  the  effectiveness thereof; and to
   repeal subdivisions 2-a and 7-a of section 2999-j and  section  2999-k
   of  the  public health law, relating to requests for denials of claims
   and denials of requests for  prior  authorizations  and  consumer  and
   stakeholder workgroups
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivisions 2-a and 7-a of section 2999-j of  the  public
 health  law,  as  added  by  a chapter of the laws of 2016, amending the
 public health law relating to payments from the New York  state  medical
 indemnity  fund,  as  proposed in legislative bills numbers S.7873-B and
 A.9835-B, are REPEALED.
   § 2. Paragraph (c) of subdivision 2 of section 2999-j  of  the  public
 health  law,  as  added  by  a chapter of the laws of 2016, amending the
 public health law relating to payments from the New York  state  medical
 indemnity  fund,  as  proposed in legislative bills numbers S.7873-B and
 A.9835-B, is amended to read as follows:
   (c) such regulations shall not prohibit qualifying health  care  costs
 on  the  grounds that the qualifying health care cost [is not limited to
 the direct need of the  patient  and]  may  INCIDENTALLY  benefit  other
 members  of  the  household, PROVIDED THAT WHETHER THE QUALIFYING HEALTH
 CARE COST PRIMARILY BENEFITS THE PATIENT MAY BE CONSIDERED.
   § 3. Subdivision 3 of section 2999-h of  the  public  health  law,  as
 amended by a chapter of the laws of 2016, amending the public health law
 relating  to payments from the New York state medical indemnity fund, as
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06718-04-7
              

 A. 378                              2
 
 proposed in legislative bills numbers S.7873-B and A.9835-B, is  amended
 to read as follows:
   3.  "Qualifying health care costs" means the future medical, hospital,
 surgical, nursing, dental, rehabilitation, habilitation, respite, custo-
 dial, durable medical equipment, home modifications, assistive technolo-
 gy, vehicle modifications, transportation for purposes  of  health  care
 related appointments, prescription and non-prescription medications, and
 other  health  care costs actually incurred for services rendered to and
 supplies utilized by qualified plaintiffs, which are necessary  to  meet
 their  health  care needs, [including providing therapeutic benefit,] as
 determined by their treating physicians, physician assistants, or  nurse
 practitioners  and  as  otherwise  defined  by the commissioner in regu-
 lation.
   § 4. Section 2999-k of the public health law, as added by a chapter of
 the laws of 2016, amending the public health law  relating  to  payments
 from  the New York state medical indemnity fund, as proposed in legisla-
 tive bills numbers S.7873-B and A.9835-B, is REPEALED.
   § 5. On or before April  1,  2017,  the  superintendent  of  financial
 services  shall  issue  a  report  to  the  governor and the legislature
 addressing the financial condition of the state medical indemnity  fund,
 the  future solvency of such fund, and any issues relating to the opera-
 tion  of  such  fund  that  the  superintendent,  in  his  or  her  sole
 discretion,  elects  to  include in the report. In preparing the report,
 the superintendent may  consult  with  qualified  plaintiffs,  represen-
 tatives  of  qualified  plaintiffs, and physicians, advocates, and other
 interested parties.
   § 6. Section 5 of a chapter of the laws of 2016, amending  the  public
 health  law  relating to payments from the New York state medical indem-
 nity fund,  as  proposed  in  legislative  bills  numbers  S.7873-B  and
 A.9835-B, is amended to read as follows:
   §  5. This act shall take effect on the forty-fifth day after it shall
 have become a law, PROVIDED THAT THE  AMENDMENTS  TO  SUBDIVISION  4  OF
 SECTION  2999-J OF THE PUBLIC HEALTH LAW MADE BY SECTION TWO OF THIS ACT
 SHALL TAKE EFFECT ON JUNE 30,  2017  AND  SHALL  EXPIRE  AND  BE  DEEMED
 REPEALED DECEMBER 31, 2019.
   §  7.  This act shall take effect immediately; provided, however, that
 sections one, two, three and four of this act shall take effect  on  the
 same  date  and  in  the  same  manner as a chapter of the laws of 2016,
 amending the public health law relating to payments from  the  New  York
 state  medical  indemnity fund, as proposed in legislative bills numbers
 S.7873-B and A.9835-B, takes effect.