S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7214
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 15, 2023
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee 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.
                                                            LBD06144-01-3
 A. 7214                             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.