S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4835
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2025
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on People with Disabilities
 
 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 2832 and a new section
 2833 is added to read as follows:
   § 2833. 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01025-01-5
              

 A. 4835                             2
 
 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-THREE OF THE PUBLIC HEALTH LAW,  which  must
 be  approved  by  the  superintendent  subject  to such standards as the
 superintendent may prescribe by regulation. In  prescribing  such  regu-
 lation 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-THREE  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.