Senate Bill S3282A

2023-2024 Legislative Session

Clarifies provisions regarding health care professional applications and terminations

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2023-S3282 - Details

See Assembly Version of this Bill:
A1777
Current Committee:
Assembly Codes
Law Section:
Public Health Law
Laws Affected:
Amd §4406-c, Pub Health L; amd §§3217-b & 4325, Ins L
Versions Introduced in Other Legislative Sessions:
2013-2014: S5762, A6498
2015-2016: S4751, A1212
2017-2018: S3943, A2704
2019-2020: S3463, A2835
2021-2022: S2528, A4177

2023-S3282 - Summary

Clarifies provisions regarding health care professional applications and terminations.

2023-S3282 - Sponsor Memo

2023-S3282 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3282
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced  by  Sens.  RIVERA, CLEARE -- read twice and ordered printed,
   and when printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law and the insurance law, in relation
   to health care professional applications and terminations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 2, 3, 4, 5, 6, 7, 8 and 9 of section 4406-d of
 the  public health law, as added by chapter 705 of the laws of 1996, are
 amended to read as follows:
   2. (a) A health care plan shall not terminate OR NOT RENEW a  contract
 with  a health care professional unless the health care plan provides to
 the health care professional a written explanation of  the  reasons  for
 the  proposed  contract  termination  and an opportunity for a review or
 hearing as hereinafter provided. This section shall not apply  in  cases
 involving  imminent harm to patient care, a determination of fraud, or a
 final disciplinary action by a state licensing board  or  other  govern-
 mental  agency  that  impairs  the health care professional's ability to
 practice.
   (b) The notice of the proposed  contract  termination  OR  NON-RENEWAL
 provided  by  the health care plan to the health care professional shall
 include:
   (i) the reasons for the proposed action;
   (ii) notice that the health care professional has the right to request
 a hearing or review, at the professional's discretion,  before  a  panel
 [appointed  by  the  health  care plan] COMPRISED OF NO FEWER THAN THREE
 HEALTH CARE PROFESSIONALS LICENSED TO PRACTICE IN THE STATE OF NEW YORK;
   (iii) a time limit of not less than thirty days within which a  health
 care professional may request a hearing; and
   (iv)  a time limit for a hearing date which must be held within thirty
 days after the date of receipt of a request for a hearing.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02414-01-3
 S. 3282                             2
              

co-Sponsors

2023-S3282A (ACTIVE) - Details

See Assembly Version of this Bill:
A1777
Current Committee:
Assembly Codes
Law Section:
Public Health Law
Laws Affected:
Amd §4406-c, Pub Health L; amd §§3217-b & 4325, Ins L
Versions Introduced in Other Legislative Sessions:
2013-2014: S5762, A6498
2015-2016: S4751, A1212
2017-2018: S3943, A2704
2019-2020: S3463, A2835
2021-2022: S2528, A4177

2023-S3282A (ACTIVE) - Summary

Clarifies provisions regarding health care professional applications and terminations.

2023-S3282A (ACTIVE) - Sponsor Memo

2023-S3282A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3282--A
     Cal. No. 165
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced  by  Sens.  RIVERA, CLEARE -- read twice and ordered printed,
   and when printed to be committed to the Committee on Health --  recom-
   mitted  to  the  Committee on Health in accordance with Senate Rule 6,
   sec. 8 -- reported favorably from said committee, ordered to first and
   second report,  ordered  to  a  third  reading,  amended  and  ordered
   reprinted, retaining its place in the order of third reading
 
 AN ACT to amend the public health law and the insurance law, in relation
   to health care professional applications and terminations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 5-e of section 4406-c of the public health law,
 as added by chapter 377 of the laws of  2019,  is  amended  to  read  as
 follows:
   5-e.  (A)  At  least sixty days prior to the termination of a contract
 between a hospital and a health care plan, the parties shall  utilize  a
 mutually  agreed  upon  mediator  to assist in resolving any outstanding
 contractual issues. The results of the mediation shall not be binding on
 the parties.
   (B) AT LEAST SIXTY DAYS PRIOR TO THE EXPIRATION OR  NON-RENEWAL  OF  A
 CONTRACT  BETWEEN  A  PHYSICIAN OR PHYSICIAN GROUP PRACTICE AND A HEALTH
 CARE PLAN, A PHYSICIAN OR PHYSICIAN  GROUP  MAY,  AT  THEIR  DISCRETION,
 UTILIZE  A  MUTUALLY  AGREED  UPON  MEDIATOR  TO ASSIST IN RESOLVING ANY
 OUTSTANDING CONTRACTUAL ISSUES. AT LEAST ONE WEEK  PRIOR  TO  THE  MEDI-
 ATION,  THE  PARTIES  SHALL PROVIDE A WRITTEN STATEMENT EXPLAINING THEIR
 RESPECTIVE POSITIONS, INCLUDING BUT NOT LIMITED TO THEIR  RATIONALE  FOR
 THE  DECISION, REGARDING   THE NON-RENEWAL OF THE CONTRACT.  THE RESULTS
 OF THE MEDIATION SHALL NOT BE  BINDING  ON  THE  PARTIES.  A  TERMINATED
 CONTRACT BETWEEN SUCH PARTIES SHALL BE GOVERNED BY SECTION FOUR THOUSAND
 FOUR HUNDRED SIX-D OF THIS ARTICLE.
   §  2.  Subsection (l) of section 3217-b of the insurance law, as added
 by chapter 377 of the laws of 2019, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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