NY State Senate Bill 2023-S9694

Current Bill Status - In Senate Committee Health 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 21, 2024	referred to health

2023-S9694 (ACTIVE) - Details

See Assembly Version of this Bill:: A10425
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2999-i, Pub Health L; amd §5, Chap 517 of 2016

2023-S9694 (ACTIVE) - Summary

Relates to the New York State medical indemnity fund account payments; extends provisions relating to payments from the New York state medical indemnity fund; provides for the repeal of certain provisions upon the expiration thereof.

2023-S9694 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9694

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the public health law, in relation to the New York state
medical indemnity fund account payments; and to amend chapter 517 of the
laws of 2016, amending the public health law relating to payments from
the New York state medical indemnity fund, in relation to the effective-
ness thereof; and providing for the repeal of certain provisions of the
public health law upon the expiration thereof

 
SUMMARY OF PROVISIONS:

Section 1 of the bill guarantees that current qualified beneficiaries of
the medical indemnity fund will be authorized to receive payments.  The
comptroller is empowered to make payments to qualified recipients even
if the total expenditure for the year exceeds the appropriation authori-
ty. The comptroller is further empowered to transfer from the State
treasury enough funds to support continued enrollment each fiscal year
until March 31, 2026.

Section 2 removes the 2025 sunset date from the rates set forth in 2017

and guarantees those rates for qualified MIF enrollees.

Section 3 effective date

 
JUSTIFICATION:

The New York State Medical Indemnity Fund ("MIF") was a Medicaid Rede-
sign Team Initiative enacted in 2011, to provide a funding source for
future health care costs for infants who sustained birth-related neuro-
logical injuries, in order to reduce medical malpractice premium costs.
MIF Enrollees are plaintiffs in medical malpractice actions who have
received either court-approved settlements or judgments deeming the
plaintiffs' neurological impairments to be birth-related.  Participation
in the MIF is mandatory.

In 2016, MIF statute was amended to address several issues related to
MIF administration and improve access to care, including increasing
reimbursement rates that were inadequate for certain health care
services and stipulating that the MIF should pay for qualifying health
care costs that have an ancillary benefit to other members of the house-
hold.

Children who have sustained birth-related neurological injuries due to
malpractice should have necessary health care services paid for by the
MIF, particularly since they are required to participate in the fund.
The provisions of this bill will help keep the MIF open to new recipi-
ents until March 31, 2026 and guarantees that the State will make
payments to recipients at current rates.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately and be deemed to have been in
full force and effect on April 1, 2024; provided however, paragraph (e)
of subdivision 6 of section 2999-i of the public health law, as added by
section one of this act, shall expire and be deemed repealed on March
31, 2026.

2023-S9694 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9694
 
                             I N  S E N A T E
 
                               May 21, 2024
                                ___________
 
 Introduced  by  Sen. KRUEGER -- 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 the New York state
   medical indemnity fund account payments; and to amend chapter  517  of
   the  laws of 2016, amending the public health law relating to payments
   from the New York state medical indemnity fund,  in  relation  to  the
   effectiveness  thereof;  and  providing  for  the  repeal  of  certain
   provisions of the public health law upon the expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (d)  of subdivision 6 of section 2999-i of the
 public health law, as amended by section 2 of part K of  chapter  57  of
 the laws of 2019, is amended and a new paragraph (e) is added to read as
 follows:
   (d)  The  suspension  of  enrollment pursuant to paragraph (a) of this
 subdivision shall not impact payment under the fund  for  any  qualified
 plaintiffs  already enrolled in the fund FOR THE REMAINDER OF THE QUALI-
 FIED PLAINTIFF'S LIFE.  NOTWITHSTANDING ANY PROVISION OF  LAW,  RULE  OR
 REGULATION  TO  THE CONTRARY, THE FUND ACCOUNT IS AUTHORIZED TO MAINTAIN
 PAYMENTS FOR QUALIFIED PLAINTIFFS ALREADY ENROLLED IN THE FUND  FOR  THE
 ENTIRE  STATE  FISCAL  YEAR  EVEN IF TOTAL EXPENDITURES EXCEED AVAILABLE
 APPROPRIATION AUTHORITY.
   (E) NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR  REGULATION  TO  THE
 CONTRARY, ON OR AFTER APRIL FIRST, TWO THOUSAND TWENTY-FOUR AND ANNUALLY
 THEREAFTER,  THE  STATE  COMPTROLLER SHALL TRANSFER MONEY FROM THE STATE
 TREASURY INTO THE FUND ACCOUNT IN AN AMOUNT WHICH SHALL BE SUFFICIENT TO
 AVOID SUSPENSION OF NEW ENROLLMENT FOR THE  ENTIRE  STATE  FISCAL  YEAR.
 NOTWITHSTANDING  ANY PROVISION OF LAW, RULE OR REGULATION TO THE CONTRA-
 RY, ANY APPROPRIATION(S) IN THE ENACTED  STATE  BUDGET  THAT  AUTHORIZES
 DISBURSEMENT  OF FUNDS FROM THE FUND ACCOUNT SHALL INCREASE BY AN AMOUNT
 THAT IS EQUAL TO THE AMOUNT NECESSARY TO SUPPORT  SUCH  DISBURSEMENT  OF
 MONEY  IN  THE FUND ACCOUNT THAT WILL AVOID SUSPENSION OF NEW ENROLLMENT
 FOR THE ENTIRE STATE FISCAL YEAR.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15721-01-4

 S. 9694                             2
 
   § 2. Section 5 of chapter 517 of the laws of 2016, amending the public
 health law relating to payments from the New York state  medical  indem-
 nity  fund, as amended by chapter 112 of the laws of 2023, is amended to
 read as follows:
   §  5. This act shall take effect on the forty-fifth day after it shall
 have become a law, provided that the  amendments  to  subdivision  4  of
 section  2999-j of the public health law made by section two of this act
 shall take effect on June 30, 2017  [and  shall  expire  and  be  deemed
 repealed December 31, 2025].
   § 3. This act shall take effect immediately and be deemed to have been
 in  full  force and effect on April 1, 2024; provided however, paragraph
 (e) of subdivision 6 of section 2999-i of  the  public  health  law,  as
 added by section one of this act, shall expire and be deemed repealed on
 March 31, 2026.

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Senate Bill S9694

Sponsored By

Current Bill Status - In Senate Committee Health Committee

2023-S9694 (ACTIVE) - Details

2023-S9694 (ACTIVE) - Summary

2023-S9694 (ACTIVE) - Sponsor Memo

2023-S9694 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9694

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Sponsored By

Liz Krueger

Current Bill Status - In Senate Committee Health Committee

2023-S9694 (ACTIVE) - Details

2023-S9694 (ACTIVE) - Summary

2023-S9694 (ACTIVE) - Sponsor Memo

2023-S9694 (ACTIVE) - Bill Text download pdf

Comments