NY State Senate Bill 2023-S6351

Senate Bill S6351

2023-2024 Legislative Session

Provides a premium reduction for physicians who complete a training strategies course relating to emergency department visits for individuals with a developmental or intellectual disability

download bill text pdf

Current Bill Status - In Senate Committee Rules 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2024	committed to rules
May 20, 2024	advanced to third reading
May 16, 2024	2nd report cal.
May 15, 2024	1st report cal.1172
Mar 25, 2024	print number 6351b
Mar 25, 2024	amend and recommit to health
Jan 03, 2024	referred to health
Jun 01, 2023	print number 6351a
Jun 01, 2023	amend (t) and recommit to finance
May 17, 2023	reported and committed to finance
Apr 17, 2023	referred to health

Votes

- May 15, 2024 - Health Committee Vote
  S6351
  
  12
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 15, 2024
      
      aye (12)
      
      Ashby
      
      Brouk
      
      Felder
      
      Hoylman-Sigal
      
      Mannion
      
      Martins
      
      May
      
      Myrie
      
      Rivera
      
      Salazar
      
      Thomas
      
      Webb
      
      aye wr (3)
      
      Gallivan
      
      Rhoads
      
      Stec
  May 17, 2023 - Health Committee Vote
  S6351
  
  12
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 17, 2023
      
      aye (12)
      
      Ashby
      
      Brouk
      
      Felder
      
      Hoylman-Sigal
      
      Mannion
      
      Martins
      
      May
      
      Myrie
      
      Rivera
      
      Salazar
      
      Thomas
      
      Webb
      
      aye wr (3)
      
      Gallivan
      
      Rhoads
      
      Stec

Bill Amendments

Original

B (Active)

co-Sponsors

2023-S6351 - Details

See Assembly Version of this Bill:: A6895
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Ren §2828 to be §2831, add §2832, Pub Health L; amd §2343, Ins L

2023-S6351 - Summary

Directs the commissioner of health to approve courses for eligible physicians, nurses and other staff that covers risk management strategies in emergency department visits for individuals with a developmental or intellectual disability; provides a premium reduction for physicians who complete such risk management strategies course.

2023-S6351 - Sponsor Memo

                                 
BILL NUMBER: S6351

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the public health law and the insurance law, in relation
to a premium reduction for physicians, nurses and other staff who
complete a risk management strategies course relating to emergency
department visits for individuals with a developmental or intellectual
disability

 
PURPOSE:

The purpose of this bill is to require the Commissioner of Health to
approve professional education courses for eligible physicians, nurses
and other emergency department staff that covers risk management strate-
gies for visits by individuals with a developmental or intellectual
disability.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would amend new section 2832, which would:

*require the Commissioner the Public Health Law by adding a approve
professional of Health to education courses for eligible physicians,
nurses and other emergency department staff that covers risk management
strategies for visits by individuals with a developmental or intellectu-
al disability;

*require that the risk management courses shall promote evidence-based
clinical guidelines and patient safety protocols;

*specify that attendance for each course may be in person;

*establish eligibility for a disabilities risk management strategies
course; and

*authorize the Commissioner of Health to prescribe any rules and regu-
lations.

Section 2 of this bill would amend subsection (e) of section 2343 of the
Insurance Law by authorizing the superintendent to approve an appropri-
ate premium reduction for an insured physician, nurse or other emergency
department staff who successfully completes a risk management course
authorized by the Commissioner of Health.

Section 3 of this bill provides that the effective date shall take
effect one year after it shall have become a law and shall apply to all
insurance policies and contracts issued, renewed, modified or altered on
and after such effective date. The commissioner of health and the super-
intendent of financial services are authorized and directed to adopt,
amend, suspend or repeal regulations and take other actions necessary
for the implementation of this act prior to such effective date;
provided, however, that such adoption, amendment, suspension or repeal
of regulations shall not have legal effect until this act takes effect.

 
JUSTIFICATION:


Every year, thousands of individuals with disabilities go to the emer-
gency room suffering from a medical emergency. Currently, Emergency Room
(ER) staff members do not have the option to take a training program
designed to teach them how to care for individuals with disabilities.
The lack of access to information regarding disabilities .care has
resulted in inadequate treatment of patients with disabilities.

Individuals with disabilities are more likely to visit the ER or an
urgent care center. Individuals with a disability are also more likely
to return to the emergency department multiple times in one year.
According to the CDC, disability-related healthcare expenses in the
State total at over $71 billion, which accounts for around 39% of
healthcare spending from State residents. Individuals with a disability
often have to dedicate a sizable amount of their income to healthcare-
related expenses, including emergency room visits, throughout life.

Additional training would contribute to enhanced outcomes for disabled
patients presenting at the emergency department by promoting expanded
education of ER staff regarding disabilities care. This bill would
require the Commissioner of Health to approve professional education
courses for eligible physicians and other emergency department staff
that covers risk management strategies for visits by individuals with a
developmental or intellectual disability.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law and
shall apply to all insurance policies and contracts issued, renewed,
modified or altered on and after such effective date. The commissioner
of health and the superintendent of financial services are authorized
and directed to adopt, amend, suspend or repeal regulations and take
other actions necessary for the implementation of this act prior to such
effective date; provided, however, that such adoption, amendment,
suspension or repeal of regulations shall not have legal effect until
this act takes effect.

2023-S6351 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6351
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 17, 2023
                                ___________
 
 Introduced  by  Sen. MANNION -- 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 a premium reduction for physicians,  nurses  and  other  staff  who
   complete  a  risk  management  strategies course relating to emergency
   department visits for individuals with a developmental or intellectual
   disability
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 2828 of the public health law, as added by chapter
 689 of the laws of 2021, is renumbered section 2831 and  a  new  section
 2832 is added to read as follows:
   § 2832. INDIVIDUALS WITH DISABILITIES TRAINING STRATEGIES. 1. IN ORDER
 TO  IMPROVE PATIENT SAFETY AND OUTCOMES, MINIMIZE HEALTH INEQUITY, BUILD
 THE CAPACITY OF STAFF TO UNDERSTAND THE NEEDS OF INDIVIDUALS WITH INTEL-
 LECTUAL AND DEVELOPMENTAL DISABILITIES AND TO PROMOTE INFORMED CONSULTA-
 TION BY PATIENTS WITH THEIR PHYSICIANS, NURSES AND  OTHER  STAFF  DURING
 VISITS TO AN EMERGENCY DEPARTMENT IN A GENERAL HOSPITAL, THE COMMISSION-
 ER,  IN CONSULTATION WITH THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISA-
 BILITIES, SHALL APPROVE  PROFESSIONAL  EDUCATION  COURSES  FOR  ELIGIBLE
 PHYSICIANS,  NURSES  AND  OTHER STAFF AS PROVIDED IN SUBDIVISION FOUR OF
 THIS SECTION,  THAT  COVERS  RISK  MANAGEMENT  STRATEGIES  IN  EMERGENCY
 DEPARTMENT  VISITS  FOR INDIVIDUALS WITH A DEVELOPMENTAL OR INTELLECTUAL
 DISABILITY AS SUCH TERM IS DEFINED IN SECTION 1.03 OF THE MENTAL HYGIENE
 LAW, AS DESCRIBED IN SUBDIVISION TWO OF THIS SECTION. SUCH RISK  MANAGE-
 MENT  STRATEGIES  COURSES  SHALL  BE  SUBJECT  TO  SUCH STANDARDS AS THE
 COMMISSIONER, IN CONSULTATION WITH THE OFFICE FOR PEOPLE  WITH  DEVELOP-
 MENTAL DISABILITIES, MAY PRESCRIBE BY REGULATION. AN ELIGIBLE PHYSICIAN,
 NURSE  OR  OTHER  STAFF  WHO SUCCESSFULLY COMPLETES SUCH RISK MANAGEMENT
 STRATEGIES COURSE PURSUANT TO  THIS  SECTION  SHALL  RECEIVE  CONTINUING
 MEDICAL EDUCATION CREDIT AND A CERTIFICATE OF COMPLETION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10725-02-3

 S. 6351                             2
 
   2.  COURSES  ON  RISK MANAGEMENT STRATEGIES DURING EMERGENCY VISITS BY
 THOSE WITH A DEVELOPMENTAL  OR  INTELLECTUAL  DISABILITY  SHALL  PROMOTE
 EVIDENCE-BASED CLINICAL GUIDELINES AND PATIENT SAFETY PROTOCOLS, WITH AN
 EMPHASIS ON PERSPECTIVES FROM THOSE WITH A DEVELOPMENTAL OR INTELLECTUAL
 DISABILITY. OPTIONS FOR COURSES SHOULD BE APPROPRIATE FOR THE RESPECTIVE
 PROFESSION  AND  MAY  INCLUDE INFORMATION AND EDUCATION ADDRESSING RISKS
 ASSOCIATED WITH EMERGENCY VISITS BY INDIVIDUALS WITH A DEVELOPMENTAL  OR
 INTELLECTUAL  DISABILITY.  COURSE  OPTIONS  SHALL  BE  DETERMINED BY THE
 COMMISSIONER IN CONSULTATION WITH THE OFFICE FOR  PEOPLE  WITH  DEVELOP-
 MENTAL DISABILITIES.
   3.  ATTENDANCE  AT ANY COURSE APPROVED BY THE COMMISSIONER PURSUANT TO
 THIS SECTION SHALL BE IN PERSON.
   4. PHYSICIANS WHO ARE BOARD CERTIFIED, NURSES AND OTHER STAFF FROM  AN
 EMERGENCY  DEPARTMENT  IN  A  GENERAL  HOSPITAL, SHALL BE ELIGIBLE FOR A
 DISABILITIES RISK MANAGEMENT STRATEGIES COURSE.
   5. THE COMMISSIONER, IN CONSULTATION WITH THE OFFICE FOR  PEOPLE  WITH
 DEVELOPMENTAL  DISABILITIES,  SHALL BE AUTHORIZED TO PRESCRIBE ANY RULES
 AND REGULATIONS NECESSARY TO IMPLEMENT THIS SECTION. IN PRESCRIBING SUCH
 RULES AND REGULATIONS, THE COMMISSIONER SHALL  CONSIDER  THE  RULES  AND
 REGULATIONS  PROMULGATED  BY  THE  SUPERINTENDENT  OF FINANCIAL SERVICES
 PURSUANT TO SUBSECTION (E) OF SECTION TWO THOUSAND THREE HUNDRED  FORTY-
 THREE  OF  THE  INSURANCE LAW AND MAY CONSULT WITH THE SUPERINTENDENT OF
 FINANCIAL SERVICES.
   § 2. Subsection (e) of section 2343 of the insurance law, as added  by
 chapter 642 of the laws of 1990, is amended to read as follows:
   (e)  The  superintendent  may approve an appropriate premium reduction
 for: (1) an insured physician who successfully completes a risk  manage-
 ment  course;  OR (2) AN INSURED PHYSICIAN, NURSE OR OTHER STAFF FROM AN
 EMERGENCY DEPARTMENT IN A GENERAL HOSPITAL WHO SUCCESSFULLY COMPLETES  A
 COURSE  AUTHORIZED  BY  THE  COMMISSIONER  OF HEALTH PURSUANT TO SECTION
 TWENTY-EIGHT HUNDRED THIRTY-TWO OF THE PUBLIC HEALTH LAW, which must  be
 approved  by  the superintendent subject to such standards as the super-
 intendent may prescribe by regulation. In  prescribing  such  regulation
 the superintendent may consult with the commissioner of health.
   §  3. This act shall take effect one year after it shall have become a
 law and shall apply to all  insurance  policies  and  contracts  issued,
 renewed,  modified  or  altered  on  and  after such effective date. The
 commissioner of health and the superintendent of financial services  are
 authorized to adopt, amend, suspend or repeal regulations and take other
 actions  necessary  for  the  implementation  of  this act prior to such
 effective  date;  provided,  however,  that  such  adoption,  amendment,
 suspension  or  repeal  of regulations shall not have legal effect until
 this act takes effect.

co-Sponsors

2023-S6351A - Details

See Assembly Version of this Bill:: A6895
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Ren §2828 to be §2831, add §2832, Pub Health L; amd §2343, Ins L

2023-S6351A - Summary

2023-S6351A - Sponsor Memo

                                 
BILL NUMBER: S6351A

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the public health law and the insurance law, in relation
to a premium reduction for physicians who complete a risk management
strategies course relating to emergency department visits for individ-
uals with a developmental or intellectual disability

 
PURPOSE:

The purpose of this bill is to require the Commissioner of Health to
approve professional education courses for eligible physicians, nurses
and other emergency department staff that covers risk management strate-
gies for visits by individuals with a developmental or intellectual
disability.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would amend the Public Health Law by adding a new
section 2832, which would:

*require the Commissioner of Health to approve professional education
courses for eligible physicians, nurses and other emergency department
staff that covers risk management strategies for visits by individuals
with a developmental or intellectual disability;

*require that the risk management courses shall promote evidence-based
clinical guidelines and patient safety protocols;

*specify that attendance for each course may be in person;

*establish eligibility for a disabilities risk management strategies
course; and

*authorize the Commissioner of Health to prescribe any rules and regu-
lations.

Section 2 of this bill would amend section 2343 of the Insurance Law to
create a premium reduction for an insured physician who successfully
completes a risk management course authorized by the Commissioner of
Health.

Section 3 of this bill provides that the effective date shall take
effect one year after it shall have become a law and shall apply to all
insurance policies and contracts issued, renewed, modified or altered on
and after such effective date. The commissioner of health and the super-
intendent of financial services are authorized and directed to adopt,
amend, suspend or repeal regulations and take other actions necessary
for the implementation of this act prior to such effective date;
provided, however, that such adoption, amendment, suspension or repeal
of regulations shall not have legal effect until this act takes effect.

 
JUSTIFICATION:

Every year, thousands of individuals with disabilities go to the emer-
gency room suffering from a medical emergency. Currently, Emergency Room
(ER) staff members do not have the option to take a training program
designed to teach them how to care for individuals with disabilities.
The lack of access to information regarding disabilities care has
resulted in inadequate treatment of patients with disabilities.

Individuals with disabilities are more likely to visit the ER or an
urgent care center. Individuals with a disability are also more likely
to return to the emergency department multiple times in one year.
According to the CDC, disability-related healthcare expenses in the
State total at over $71 billion, which accounts for around 39% of
healthcare spending from State residents. Individuals with a disability
often have to dedicate a sizable amount of their income to healthcare-
related expenses, including emergency room visits, throughout life.

Additional training would contribute to enhanced outcomes for disabled
patients presenting at the emergency department by promoting expanded
education of ER staff regarding disabilities care. This bill would
require the Commissioner of Health to approve professional education
courses for eligible physicians and other emergency department staff
that covers risk management strategies for visits by individuals with a
developmental or intellectual disability.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law and
shall apply to all insurance policies and contracts issued, renewed,
modified or altered on and after such effective date. The commissioner
of health and the superintendent of financial services are authorized
and directed to adopt, amend, suspend or repeal regulations and take
other actions necessary for the implementation of this act prior to such
effective date; provided, however, that such adoption, amendment,
suspension or repeal of regulations shall not have legal effect until
this act takes effect.

2023-S6351A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6351--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 17, 2023
                                ___________
 
 Introduced by Sens. MANNION, SCARCELLA-SPANTON -- read twice and ordered
   printed,  and  when printed to be committed to the Committee on Health
   -- reported favorably from said committee and committed to the Commit-
   tee  on  Finance  --  committee  discharged,  bill  amended,   ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the public health law and the insurance law, in relation
   to  a  premium reduction for physicians who complete a risk management
   strategies course relating to emergency department visits for individ-
   uals with a developmental or intellectual disability
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 2828 of the public health law, as added by chapter
 689 of the laws of 2021, is renumbered section 2831 and  a  new  section
 2832 is added to read as follows:
   § 2832. INDIVIDUALS WITH DISABILITIES TRAINING STRATEGIES. 1. IN ORDER
 TO  IMPROVE PATIENT SAFETY AND OUTCOMES, MINIMIZE HEALTH INEQUITY, BUILD
 THE CAPACITY OF STAFF TO UNDERSTAND THE NEEDS OF INDIVIDUALS WITH INTEL-
 LECTUAL AND DEVELOPMENTAL DISABILITIES AND TO PROMOTE INFORMED CONSULTA-
 TION BY PATIENTS WITH THEIR PHYSICIANS, NURSES AND  OTHER  STAFF  DURING
 VISITS TO AN EMERGENCY DEPARTMENT IN A GENERAL HOSPITAL, THE COMMISSION-
 ER,  IN CONSULTATION WITH THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISA-
 BILITIES, SHALL APPROVE  PROFESSIONAL  EDUCATION  COURSES  FOR  ELIGIBLE
 PHYSICIANS,  NURSES  AND  OTHER STAFF AS PROVIDED IN SUBDIVISION FOUR OF
 THIS SECTION,  THAT  COVERS  RISK  MANAGEMENT  STRATEGIES  IN  EMERGENCY
 DEPARTMENT  VISITS  FOR INDIVIDUALS WITH A DEVELOPMENTAL OR INTELLECTUAL
 DISABILITY AS SUCH TERM IS DEFINED IN SECTION 1.03 OF THE MENTAL HYGIENE
 LAW, AS DESCRIBED IN SUBDIVISION TWO OF THIS SECTION. SUCH RISK  MANAGE-
 MENT  STRATEGIES  COURSES  SHALL  BE  SUBJECT  TO  SUCH STANDARDS AS THE
 COMMISSIONER, IN CONSULTATION WITH THE OFFICE FOR PEOPLE  WITH  DEVELOP-
 MENTAL DISABILITIES, MAY PRESCRIBE BY REGULATION. AN ELIGIBLE PHYSICIAN,
 NURSE  OR  OTHER  STAFF  WHO SUCCESSFULLY COMPLETES SUCH RISK MANAGEMENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10725-03-3

 S. 6351--A                          2
 
 STRATEGIES COURSE PURSUANT TO  THIS  SECTION  SHALL  RECEIVE  CONTINUING
 MEDICAL EDUCATION CREDIT AND A CERTIFICATE OF COMPLETION.
   2.  COURSES  ON  RISK MANAGEMENT STRATEGIES DURING EMERGENCY VISITS BY
 THOSE WITH A DEVELOPMENTAL  OR  INTELLECTUAL  DISABILITY  SHALL  PROMOTE
 EVIDENCE-BASED CLINICAL GUIDELINES AND PATIENT SAFETY PROTOCOLS, WITH AN
 EMPHASIS ON PERSPECTIVES FROM THOSE WITH A DEVELOPMENTAL OR INTELLECTUAL
 DISABILITY. OPTIONS FOR COURSES SHOULD BE APPROPRIATE FOR THE RESPECTIVE
 PROFESSION  AND  MAY  INCLUDE INFORMATION AND EDUCATION ADDRESSING RISKS
 ASSOCIATED WITH EMERGENCY VISITS BY INDIVIDUALS WITH A DEVELOPMENTAL  OR
 INTELLECTUAL  DISABILITY.  COURSE  OPTIONS  SHALL  BE  DETERMINED BY THE
 COMMISSIONER IN CONSULTATION WITH THE OFFICE FOR  PEOPLE  WITH  DEVELOP-
 MENTAL DISABILITIES.
   3.  ATTENDANCE  AT ANY COURSE APPROVED BY THE COMMISSIONER PURSUANT TO
 THIS SECTION SHALL BE IN PERSON.
   4. PHYSICIANS WHO ARE BOARD CERTIFIED, NURSES AND OTHER STAFF FROM  AN
 EMERGENCY DEPARTMENT IN A GENERAL HOSPITAL SHALL BE ELIGIBLE FOR A DISA-
 BILITIES RISK MANAGEMENT STRATEGIES COURSE.
   5.  THE  COMMISSIONER, IN CONSULTATION WITH THE OFFICE FOR PEOPLE WITH
 DEVELOPMENTAL DISABILITIES, SHALL BE AUTHORIZED TO PRESCRIBE  ANY  RULES
 AND REGULATIONS NECESSARY TO IMPLEMENT THIS SECTION. IN PRESCRIBING SUCH
 RULES  AND  REGULATIONS,  THE  COMMISSIONER SHALL CONSIDER THE RULES AND
 REGULATIONS PROMULGATED BY  THE  SUPERINTENDENT  OF  FINANCIAL  SERVICES
 PURSUANT  TO SUBSECTION (E) OF SECTION TWO THOUSAND THREE HUNDRED FORTY-
 THREE OF THE INSURANCE LAW AND MAY CONSULT WITH  THE  SUPERINTENDENT  OF
 FINANCIAL SERVICES.
   §  2. Subsection (e) of section 2343 of the insurance law, as added by
 chapter 642 of the laws of 1990, is amended and a new subsection (f)  is
 added to read as follows:
   (e)  The  superintendent  may approve an appropriate premium reduction
 for: (1) an insured physician who successfully completes a risk  manage-
 ment  course;  OR  (2) AN INSURED PHYSICIAN WHO SUCCESSFULLY COMPLETES A
 COURSE AUTHORIZED BY THE COMMISSIONER  OF  HEALTH  PURSUANT  TO  SECTION
 TWENTY-EIGHT  HUNDRED THIRTY-TWO OF THE PUBLIC HEALTH LAW, which must be
 approved by the superintendent subject to such standards as  the  super-
 intendent  may  prescribe  by regulation. In prescribing such regulation
 the superintendent may consult with the commissioner of health.
   (F) AN INSURED PHYSICIAN WHO SUCCESSFULLY COMPLETES A  COURSE  AUTHOR-
 IZED  BY  THE  COMMISSIONER OF HEALTH UNDER SECTION TWENTY-EIGHT HUNDRED
 THIRTY-TWO OF THE PUBLIC HEALTH LAW SHALL NOT,  DURING  THE  PERIOD  SET
 FORTH  IN THE SUPERINTENDENT'S REGULATIONS PRESCRIBING STANDARDS FOR THE
 PREMIUM REDUCTION, ALSO BE ELIGIBLE FOR ADDITIONAL PREMIUM REDUCTION FOR
 AN INSURED PHYSICIAN MEDICAL MALPRACTICE INSURANCE POLICY FOR SUCCESSFUL
 COMPLETION OF A RISK MANAGEMENT COURSE APPROVED  BY  THE  SUPERINTENDENT
 UNDER PART ONE HUNDRED FIFTY-TWO OF TITLE ELEVEN OF THE NEW YORK CODE OF
 RULES AND REGULATIONS.
   §  3. This act shall take effect one year after it shall have become a
 law and shall apply to all  insurance  policies  and  contracts  issued,
 renewed,  modified  or  altered  on  and  after such effective date. The
 commissioner of health and the superintendent of financial services  are
 authorized to adopt, amend, suspend or repeal regulations and take other
 actions  necessary  for  the  implementation  of  this act prior to such
 effective  date;  provided,  however,  that  such  adoption,  amendment,
 suspension  or  repeal  of regulations shall not have legal effect until
 this act takes effect.

co-Sponsors

2023-S6351B (ACTIVE) - Details

See Assembly Version of this Bill:: A6895
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Ren §2828 to be §2831, add §2832, Pub Health L; amd §2343, Ins L

2023-S6351B (ACTIVE) - Summary

2023-S6351B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6351B

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the public health law and the insurance law, in relation
to a premium reduction for physicians who complete a risk management
strategies course relating to emergency department visits for individ-
uals with a developmental or intellectual disability

 
PURPOSE:

The purpose of this bill is to require the Commissioner of Health to
approve professional education courses for eligible physicians, nurses
and other emergency department staff that covers risk management strate-
gies for visits by individuals with a developmental or intellectual
disability.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would amend the Public Health Law by adding a new
section 2832, which would:

require the Commissioner of Health to approve professional education
courses for eligible physicians, nurses and other emergency department
staff that covers risk management strategies for visits by individuals
with a developmental or intellectual disability;

require that the risk management courses shall promote evidence-based
clinical guidelines and patient safety protocols;

specify that attendance for each course may be in person;

establish eligibility for a disabilities risk management strategies
course; and

authorize the Commissioner of Health to prescribe any rules and regu-
lations.

Section 2 of this bill would amend section 2343 of the Insurance Law to
create a premium reduction for an insured physician who successfully
completes a risk management course authorized by the Commissioner of
Health.

Section 3 of this bill provides that the effective date shall take
effect one year after it shall have become a law and shall apply to all
insurance policies and contracts issued, renewed, modified or altered on
and after such effective date. The commissioner of health and the super-
intendent of financial services are authorized and directed to adopt,
amend, suspend or repeal regulations and take other actions necessary
for the implementation of this act prior to such effective date;
provided, however, that such adoption, amendment, suspension or repeal
of regulations shall not have legal effect until this act takes effect.

 
JUSTIFICATION:

Every year, thousands of individuals with disabilities go to the emer-
gency room suffering from a medical emergency. Currently, Emergency Room
(ER) staff members do not have the option to take a training program
designed to teach them how to care for individuals with disabilities.
The lack of access to information regarding disabilities care has
resulted in inadequate treatment of patients with disabilities.

Individuals with disabilities are more likely to visit the ER or an
urgent care center. Individuals with a disability are also more likely
to return to the emergency department multiple times in one year.
According to the CDC, disability-related healthcare expenses in the
State total at over $71 billion, which accounts for around 39% of
healthcare spending from State residents. Individuals with a disability
often have to dedicate a sizable amount of their income to healthcare-
related expenses, including emergency room visits, throughout life.

Additional training would contribute to enhanced outcomes for disabled
patients presenting at the emergency department by promoting expanded
education of ER staff regarding disabilities care. This bill would
require the Commissioner of Health to approve professional education
courses for eligible physicians and other emergency department staff
that covers risk management strategies for visits by individuals with a
developmental or intellectual disability.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law and
shall apply to all insurance policies and contracts issued, renewed,
modified or altered on and after such effective date. The commissioner
of health and the superintendent of financial services are authorized
and directed to adopt, amend, suspend or repeal regulations and take
other actions necessary for the implementation of this act prior to such
effective date; provided, however, that such adoption, amendment,
suspension or repeal of regulations shall not have legal effect until
this act takes effect.

2023-S6351B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6351--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 17, 2023
                                ___________
 
 Introduced by Sens. MANNION, SCARCELLA-SPANTON -- read twice and ordered
   printed,  and  when printed to be committed to the Committee on Health
   -- reported favorably from said committee and committed to the Commit-
   tee  on  Finance  --  committee  discharged,  bill  amended,   ordered
   reprinted  as amended and recommitted to said committee -- recommitted
   to the Committee on Health in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN ACT to amend the public health law and the insurance law, in relation
   to  a  premium reduction for physicians who complete a risk management
   strategies course relating to emergency department visits for individ-
   uals with a developmental or intellectual disability
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 2828 of the public health law, as added by chapter
 689 of the laws of 2021, is renumbered section 2831 and  a  new  section
 2832 is added to read as follows:
   § 2832. INDIVIDUALS WITH DISABILITIES TRAINING STRATEGIES. 1. IN ORDER
 TO  IMPROVE PATIENT SAFETY AND OUTCOMES, MINIMIZE HEALTH INEQUITY, BUILD
 THE CAPACITY OF STAFF TO UNDERSTAND THE NEEDS OF INDIVIDUALS WITH INTEL-
 LECTUAL AND DEVELOPMENTAL DISABILITIES AND TO PROMOTE INFORMED CONSULTA-
 TION BY PATIENTS WITH THEIR PHYSICIANS, NURSES AND  OTHER  STAFF  DURING
 VISITS TO AN EMERGENCY DEPARTMENT IN A GENERAL HOSPITAL, THE COMMISSION-
 ER,  IN CONSULTATION WITH THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISA-
 BILITIES, SHALL APPROVE COURSES  FOR  ELIGIBLE  PHYSICIANS,  NURSES  AND
 OTHER STAFF AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION, THAT COVERS
 RISK  MANAGEMENT  STRATEGIES IN EMERGENCY DEPARTMENT VISITS FOR INDIVID-
 UALS WITH A DEVELOPMENTAL OR INTELLECTUAL DISABILITY  AS  SUCH  TERM  IS
 DEFINED  IN  SECTION  1.03  OF  THE  MENTAL HYGIENE LAW, AS DESCRIBED IN
 SUBDIVISION TWO OF THIS SECTION. SUCH RISK MANAGEMENT STRATEGIES COURSES
 SHALL BE SUBJECT TO SUCH STANDARDS AS THE COMMISSIONER, IN  CONSULTATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10725-06-4

 S. 6351--B                          2
 
 WITH   THE  OFFICE  FOR  PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES,  MAY
 PRESCRIBE BY REGULATION.
   2.  COURSES  ON  RISK MANAGEMENT STRATEGIES DURING EMERGENCY VISITS BY
 THOSE WITH A DEVELOPMENTAL  OR  INTELLECTUAL  DISABILITY  SHALL  PROMOTE
 EVIDENCE-BASED CLINICAL GUIDELINES AND PATIENT SAFETY PROTOCOLS, WITH AN
 EMPHASIS ON PERSPECTIVES FROM THOSE WITH A DEVELOPMENTAL OR INTELLECTUAL
 DISABILITY. OPTIONS FOR COURSES SHOULD BE APPROPRIATE FOR THE RESPECTIVE
 PROFESSION  AND MAY INCLUDE INFORMATION ADDRESSING RISKS ASSOCIATED WITH
 EMERGENCY VISITS BY INDIVIDUALS WITH  A  DEVELOPMENTAL  OR  INTELLECTUAL
 DISABILITY.  COURSE  OPTIONS  SHALL BE DETERMINED BY THE COMMISSIONER IN
 CONSULTATION WITH THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES.
   3. ATTENDANCE AT ANY COURSE APPROVED BY THE COMMISSIONER  PURSUANT  TO
 THIS SECTION SHALL BE IN PERSON.
   4.  PHYSICIANS WHO ARE BOARD CERTIFIED, NURSES AND OTHER STAFF FROM AN
 EMERGENCY DEPARTMENT IN A GENERAL HOSPITAL SHALL BE ELIGIBLE FOR A DISA-
 BILITIES RISK MANAGEMENT STRATEGIES COURSE.
   5. THE COMMISSIONER, IN CONSULTATION WITH THE OFFICE FOR  PEOPLE  WITH
 DEVELOPMENTAL  DISABILITIES,  SHALL BE AUTHORIZED TO PRESCRIBE ANY RULES
 AND REGULATIONS NECESSARY TO IMPLEMENT THIS SECTION. IN PRESCRIBING SUCH
 RULES AND REGULATIONS, THE COMMISSIONER SHALL  CONSIDER  THE  RULES  AND
 REGULATIONS  PROMULGATED  BY  THE  SUPERINTENDENT  OF FINANCIAL SERVICES
 PURSUANT TO SUBSECTION (E) OF SECTION TWO THOUSAND THREE HUNDRED  FORTY-
 THREE  OF  THE  INSURANCE LAW AND MAY CONSULT WITH THE SUPERINTENDENT OF
 FINANCIAL SERVICES.
   § 2. Subsection (e) of section 2343 of the insurance law, as added  by
 chapter  642 of the laws of 1990, is amended and a new subsection (f) is
 added to read as follows:
   (e) The superintendent may approve an  appropriate  premium  reduction
 for:  (1) an insured physician who successfully completes a risk manage-
 ment course; OR (2) AN INSURED PHYSICIAN WHO  SUCCESSFULLY  COMPLETES  A
 COURSE  AUTHORIZED  BY  THE  COMMISSIONER  OF HEALTH PURSUANT TO SECTION
 TWENTY-EIGHT HUNDRED THIRTY-TWO OF THE PUBLIC HEALTH LAW, which must  be
 approved  by  the superintendent subject to such standards as the super-
 intendent may prescribe by regulation. In  prescribing  such  regulation
 the superintendent may consult with the commissioner of health.
   (F)  AN  INSURED PHYSICIAN WHO SUCCESSFULLY COMPLETES A COURSE AUTHOR-
 IZED BY THE COMMISSIONER OF HEALTH UNDER  SECTION  TWENTY-EIGHT  HUNDRED
 THIRTY-TWO  OF  THE  PUBLIC  HEALTH LAW SHALL NOT, DURING THE PERIOD SET
 FORTH IN THE SUPERINTENDENT'S REGULATIONS PRESCRIBING STANDARDS FOR  THE
 PREMIUM REDUCTION, ALSO BE ELIGIBLE FOR ADDITIONAL PREMIUM REDUCTION FOR
 AN INSURED PHYSICIAN MEDICAL MALPRACTICE INSURANCE POLICY FOR SUCCESSFUL
 COMPLETION  OF  A  RISK MANAGEMENT COURSE APPROVED BY THE SUPERINTENDENT
 UNDER PART ONE HUNDRED FIFTY-TWO OF TITLE ELEVEN OF THE NEW YORK CODE OF
 RULES AND REGULATIONS.
   § 3. This act shall take effect one year after it shall have become  a
 law  and  shall  apply  to  all insurance policies and contracts issued,
 renewed, modified or altered on  and  after  such  effective  date.  The
 commissioner  of health and the superintendent of financial services are
 authorized to adopt, amend, suspend or repeal regulations and take other
 actions necessary for the implementation  of  this  act  prior  to  such
 effective  date;  provided,  however,  that  such  adoption,  amendment,
 suspension or repeal of regulations shall not have  legal  effect  until
 this act takes effect.

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Senate Bill S6351

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Sponsored By

John W. Mannion

Current Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

Jessica Scarcella-Spanton

2023-S6351 - Details

2023-S6351 - Summary

2023-S6351 - Sponsor Memo

2023-S6351 - Bill Text download pdf

co-Sponsors

Jessica Scarcella-Spanton

2023-S6351A - Details

2023-S6351A - Summary

2023-S6351A - Sponsor Memo

2023-S6351A - Bill Text download pdf

co-Sponsors

Nathalia Fernandez

Brad Hoylman-Sigal

Jessica Scarcella-Spanton

2023-S6351B (ACTIVE) - Details

2023-S6351B (ACTIVE) - Summary

2023-S6351B (ACTIVE) - Sponsor Memo

2023-S6351B (ACTIVE) - Bill Text download pdf

Comments