S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3753
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sens. SERINO, AKSHAR, HELMING, KENNEDY, O'MARA, RITCHIE,
   TEDISCO -- read twice and ordered printed,  and  when  printed  to  be
   committed 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:
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07839-01-1

 S. 3753                             2
 
 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
 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 TWENTY-TWO.
   § 2. This act shall take effect immediately.