S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5487
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 8, 2021
                                ___________
 
 Introduced  by  Sen.  RIVERA -- 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  submission  of
   information to the department of health for physician profiles
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (q) of subdivision 1 of  section  2995-a  of  the
 public  health  law,  as  added  by  chapter 542 of the laws of 2000, is
 amended to read as follows:
   (q) health care plans with which the licensee has  contracts,  employ-
 ment, or other affiliation; PROVIDED THAT THE REPORTING OF SUCH INFORMA-
 TION  SHALL  NOT  BE  THE  RESPONSIBILITY OF THE PHYSICIAN, BUT SHALL BE
 INCLUDED AND  UPDATED  BY  THE  DEPARTMENT  UTILIZING  PROVIDER  NETWORK
 PARTICIPATION  INFORMATION,  OR  OTHER  RELIABLE  SOURCES OF INFORMATION
 SUBMITTED BY HEALTH CARE PLANS.
   § 2. Subdivision 4 of section 2995-a of  the  public  health  law,  as
 amended  by  section  3  of part A of chapter 57 of the laws of 2015, is
 amended to read as follows:
   4. Each physician shall periodically report to the department on forms
 and in the time and manner required by the commissioner any other infor-
 mation as is required by the department for the development of  profiles
 under  this  section  which  is  not otherwise reasonably obtainable. In
 addition to such periodic reports and providing  the  same  information,
 each  physician  shall  update his or her profile information within the
 six months prior to the [expiration date of such  physician's  registra-
 tion  period] SUBMISSION OF THE RE-REGISTRATION APPLICATION, as a condi-
 tion of registration renewal under article one hundred thirty-one of the
 education law. Except  for  optional  information  provided,  physicians
 shall  notify  the  department  of any change in the profile information
 within thirty days of such change.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10402-01-1
              

 S. 5487                             2
 
   § 3. Subdivision 6 of section 2995-a of  the  public  health  law,  as
 added by chapter 542 of the laws of 2000, is amended to read as follows:
   6.  A  physician  may  elect  to  have his or her profile omit certain
 information provided pursuant to paragraphs (l),  (m)[,]  AND  (n)  [and
 (q)]  of  subdivision one of this section. In collecting information for
 such profiles and disseminating the same, the  department  shall  inform
 physicians that they may choose not to provide such information required
 pursuant  to paragraphs (l), (m)[,] AND (n) [and (q)] of subdivision one
 of this section.
   § 4. Section 2995-a of the public health law is amended  by  adding  a
 new subdivision 7-a  to read as follows:
   7-A.  FOR PURPOSES OF THIS SECTION, A PHYSICIAN MAY AUTHORIZE A DESIG-
 NEE TO REGISTER, TRANSMIT, ENTER OR UPDATE INFORMATION  ON  HIS  OR  HER
 BEHALF, PROVIDED THAT:
   (A)  THE  DESIGNEE  SO  AUTHORIZED IS EMPLOYED BY THE PHYSICIAN OR THE
 SAME PROFESSIONAL PRACTICE OR IS UNDER CONTRACT WITH SUCH PRACTICE;
   (B) THE PHYSICIAN TAKES REASONABLE STEPS TO ENSURE THAT SUCH  DESIGNEE
 IS SUFFICIENTLY COMPETENT IN THE PROFILE REQUIREMENTS; AND
   (C) THE PHYSICIAN REMAINS RESPONSIBLE FOR ENSURING THE ACCURACY OF THE
 INFORMATION  PROVIDED  AND  FOR ANY FAILURE TO PROVIDE ACCURATE INFORMA-
 TION.
   THE COMMISSIONER SHALL ESTABLISH IN REGULATION  REASONABLE  PARAMETERS
 WITH  REGARD TO A PHYSICIAN'S ABILITY TO AUTHORIZE DESIGNEES PURSUANT TO
 THIS SECTION, WHICH SHALL  INCLUDE  PROCESSES  NECESSARY  TO  ALLOW  THE
 DEPARTMENT  TO:  (I)  GRANT ACCESS TO THE PROFILE IN A REASONABLY PROMPT
 MANNER TO DESIGNEES AUTHORIZED BY PHYSICIANS; (II) REQUIRE  THAT  PHYSI-
 CIANS  NOTIFY  THE  DEPARTMENT UPON TERMINATING THE AUTHORIZATION OF ANY
 DESIGNEE; AND (III) ESTABLISH A MECHANISM  TO  PREVENT  SUCH  TERMINATED
 DESIGNEES  FROM  ACCESSING  THE  PROFILE  IN  A REASONABLY PROMPT MANNER
 FOLLOWING SUCH NOTIFICATION.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.