S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4985
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2021
                                ___________
 
 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 establishing an
   office of the state medical indemnity fund  ombudsman  and  a  medical
   indemnity fund advisory panel
 
   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 two new sections
 2999-k and 2999-l to read as follows:
   § 2999-K. MEDICAL INDEMNITY FUND OMBUDSMAN. 1. THERE IS HEREBY  ESTAB-
 LISHED  AN  OFFICE OF THE STATE MEDICAL INDEMNITY FUND OMBUDSMAN FOR THE
 PURPOSE OF RECEIVING AND RESOLVING COMPLAINTS AFFECTING QUALIFIED PLAIN-
 TIFFS, WHERE APPROPRIATE, REFERRING SUCH COMPLAINTS TO  THE  APPROPRIATE
 AGENCIES  AND ACTING IN CONCERT WITH SUCH AGENCIES. THE COMMISSIONER, IN
 CONSULTATION  WITH  THE  SUPERINTENDENT  OF  FINANCIAL  SERVICES,  SHALL
 APPOINT  A  FULL-TIME MEDICAL INDEMNITY FUND OMBUDSMAN TO ADMINISTER AND
 SUPERVISE THE OFFICE OF THE STATE MEDICAL INDEMNITY FUND OMBUDSMAN.  THE
 MEDICAL  INDEMNITY  FUND OMBUDSMAN SHALL BE SELECTED FROM AMONG INDIVID-
 UALS WITH EXPERTISE AND EXPERIENCE IN THE FIELD OF NEUROLOGICAL INJURIES
 AND ADVOCACY, AND WITH SUCH OTHER QUALIFICATIONS AS SHALL BE  DETERMINED
 BY  THE  COMMISSIONER, IN CONSULTATION WITH THE SUPERINTENDENT OF FINAN-
 CIAL SERVICES. SUCH OMBUDSMAN MAY, WITH APPROVAL OF THE COMMISSIONER, IN
 CONSULTATION WITH THE SUPERINTENDENT OF FINANCIAL SERVICES, APPOINT  ONE
 OR  MORE  AUTHORIZED DEPUTIES TO ASSIST IN HIS OR HER DUTIES PURSUANT TO
 THIS SECTION; PROVIDED, HOWEVER, THAT NO  SUCH  DEPUTY  SHALL  HAVE  ANY
 CONFLICT  OF INTEREST, OR BE EMPLOYED BY THE FUND ADMINISTRATOR OR OTHER
 PARTY INVOLVED IN THE MANAGEMENT OF THE FUND. THE MEDICAL INDEMNITY FUND
 OMBUDSMAN SHALL, PERSONALLY OR THROUGH AUTHORIZED DEPUTIES:
   (A) IDENTIFY, INVESTIGATE AND RESOLVE COMPLAINTS THAT ARE MADE  BY  OR
 ON BEHALF OF QUALIFIED PLAINTIFFS, AND THAT RELATE TO ACTIONS, INACTIONS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01403-01-1
              

 A. 4985                             2
 
 OR  DECISIONS  THAT  MAY ADVERSELY AFFECT THE HEALTH, SAFETY, WELFARE OR
 RIGHTS OF QUALIFIED PLAINTIFFS;
   (B)  PROVIDE  SERVICES TO ASSIST QUALIFIED PLAINTIFFS, OR THEIR REPRE-
 SENTATIVES, IN NAVIGATING THE FUND AND UNDERSTANDING  THE  FUND'S  REGU-
 LATIONS, GUIDELINES AND PROCEDURES;
   (C)  INFORM  QUALIFIED  PLAINTIFFS, OR THEIR REPRESENTATIVES, OF THEIR
 RIGHTS AND MEANS OF OBTAINING THE SERVICES, SUPPLIES  AND  MODIFICATIONS
 TO WHICH THEY ARE ENTITLED;
   (D)  ANALYZE  AND  MONITOR  IMPLEMENTATION OF THE LAWS AND REGULATIONS
 RELATING TO THE FUND; AND
   (E) CARRY OUT OTHER SUCH ACTIVITIES AS THE COMMISSIONER, IN  CONSULTA-
 TION  WITH  THE  SUPERINTENDENT  OF  FINANCIAL SERVICES, SHALL DETERMINE
 APPROPRIATE.
   2. NEITHER THE MEDICAL INDEMNITY FUND OMBUDSMAN, NOR ANY OF HIS OR HER
 DEPUTIES SHALL DISCLOSE TO ANY PERSON OUTSIDE THE OFFICE  OF  THE  STATE
 MEDICAL  INDEMNITY FUND OMBUDSMAN ANY INFORMATION OBTAINED FROM A QUALI-
 FIED PLAINTIFF'S RECORDS WITHOUT THE CONSENT OF THE QUALIFIED  PLAINTIFF
 OR HIS OR HER REPRESENTATIVE.
   3. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, AND ANNUALLY
 THEREAFTER,  THE  MEDICAL  INDEMNITY  FUND OMBUDSMAN SHALL SUBMIT TO THE
 COMMISSIONER, THE SUPERINTENDENT OF FINANCIAL SERVICES, THE  SPEAKER  OF
 THE  ASSEMBLY  AND THE TEMPORARY PRESIDENT OF THE SENATE, A REPORT WHICH
 SHALL INCLUDE, BUT NOT BE LIMITED TO, A DETAILED SUMMARY OF  THE  ACTIV-
 ITIES  OF THE OFFICE OF THE STATE MEDICAL INDEMNITY FUND OMBUDSMAN, DATA
 REGARDING THE COMPLAINTS AND ISSUES WITHIN THE FUND, THE PROCESS USED IN
 RESOLVING ISSUES, AND  RECOMMENDATIONS  FOR  LEGISLATIVE  OR  REGULATORY
 AMENDMENTS TO IMPROVE THE FUND.
   §  2999-L.  MEDICAL  INDEMNITY  FUND  ADVISORY  PANEL. THERE IS HEREBY
 ESTABLISHED AN ADVISORY PANEL TO BE COMPRISED OF THE  COMMISSIONER,  THE
 SUPERINTENDENT  OF FINANCIAL SERVICES, QUALIFIED PLAINTIFFS OR REPRESEN-
 TATIVES OF QUALIFIED PLAINTIFFS, PHYSICIANS,  MEDICAL  SUPPLIERS,  ADVO-
 CATES  AND  OTHER  INTERESTED  PARTIES.  THE  ADVISORY  PANEL  SHALL  BE
 CO-CHAIRED BY THE  COMMISSIONER  AND  THE  SUPERINTENDENT  OF  FINANCIAL
 SERVICES, AND SHALL BE COMPOSED OF NOT LESS THAN NINE ADDITIONAL MEMBERS
 APPOINTED  BY  THE GOVERNOR, OF WHICH TWO SHALL BE APPOINTED UPON RECOM-
 MENDATION OF THE TEMPORARY PRESIDENT OF THE  SENATE  AND  TWO  SHALL  BE
 APPOINTED  UPON  THE  RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY. THE
 ADVISORY PANEL SHALL MEET BIANNUALLY, WITH THE FIRST  MEETING  OCCURRING
 WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, TO
 DISCUSS THE FUNCTIONING OF THE FUND AND ANY RELEVANT ISSUES. THE COMMIS-
 SIONER  AND  THE SUPERINTENDENT OF FINANCIAL SERVICES SHALL CONSIDER THE
 INPUT AND COMMENTS OF THE ADVISORY PANEL IN DRAFTING AND AMENDING  REGU-
 LATIONS, GUIDELINES OR POLICIES PERTAINING TO THE FUND ADMINISTRATION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.