NY State Senate Bill 2025-S3364

Senate Bill S3364

2025-2026 Legislative Session

Establishes an office of the state medical fund ombudsperson and a medical indemnity fund advisory panel

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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
Jan 27, 2025	referred to health

co-Sponsors

2025-S3364 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §§2999-k & 2999-l, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6948
2019-2020: S4811
2021-2022: S2527
2023-2024: S5958

2025-S3364 (ACTIVE) - Summary

Establishes an office of the state medical indemnity fund ombudsperson and a medical indemnity fund advisory panel to advocate for, assist and represent the interests of qualified plaintiffs.

2025-S3364 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3364

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to establishing an
office of the state medical indemnity fund ombudsperson and a medical
indemnity fund advisory panel

 
PURPOSE:

To establish an office of the state medical fund ombudsman and a medical
indemnity fund advisory panel.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the Public Health Law by adding new sections 2999-k and
2999-1 to establish the Medical Indemnity Fund Ombudsman and the Medical
Indemnity Fund Advisory Panel. This section provides language that
establishes the duties and responsibilities of each program. The medical
indemnity fund ombudsman will help identify, investigate, and resolve
complaints that are made by or on behalf of qualified plaintiffs. The

medical indemnity fund advisory panel serves to bring stakeholders
together to draft and amend regulations, guidelines, or policies in a
way that helps improve the fund.

Section 2 provides the effective date.

 
JUSTIFICATION:

The Medical Indemnity Fund (MIF) was created in 2011 to provide a fund-
ing source for future healthcare costs associated with birth-related
neurological injuries and to reduce medical malpractice insurance premi-
ums. MIF enrollees have either settled or won a judgment in a malprac-
tice action. Rather than receiving damages for future health care costs,
the law requires these children to be enrolled in the MIF to cover said
costs. A few years after implementation, issues began to arise regarding
reimbursement rates, access to care, coverage, and appeals within the
fund. Accordingly, the Legislature enacted Ch. 517 of 2016 to address
these concerns.  Amendments to this Chapter were negotiated (Ch. 4 of
2017) at the behest of the Executive. The final result was legislation
that:  clarified qualifying health care costs could not be denied on the
grounds they may incidentally benefit others in the household; increased
reimbursement rates until December 21, 2019; and required a report to be
issued by the Executive to the Legislature on or before April 1, 2017
detailing the financial condition of the MIF. The purpose of this report
was to educate the Legislature on how to proceed with any future amend-
ments to the MIF. On June 12, 2017, two da ys prior to the Senate
roundtable on the MIF, said the report was released.

At the June 14, 2017 Senate roundtable parents, attorneys, and providers
recounted their experiences and challenges with the MIF.  One parent,
who is a lawyer by trade, testified to the need for a patient advocate
to educate and assist parents trying to navigate the MIF. Additionally,
many concerns were raised regarding the potential disruption that may be
caused by the transition to a new administrator scheduled to occur a few
months later. While all were assured by the Departments of Health and
Financial Services that there was a plan in the works to ensure a smooth
transition, months later complaints began coming in. The new administra-
tor was not reimbursing claims, families were unable to obtain supplies,
claims were being paid cents on the dollar, families were forced to
obtain new providers, and the new administrator was seemingly applying
new policy guidelines that were unknown to providers, enrollees, and
their families. The families with children enrolled in the MIF struggle
with enough challenges to obtain quality care for their child and they
should not have to deal with administrative hurdles and changing poli-
cies in order to obtain services and supplies needed to keep their child
alive. This legislation establishes an ombudsman to serve as a much
needed advocate for the MIF families to ensure they are educated and
able to access the services, supplies, and modifications to which they
are entitled.

Another issue raised at the roundtable by many was the need to continue
conversations, to take a deeper look into the data, and have an ongoing
process to address concerns regarding the functioning of the MIF. Much
like the workgroup proposed in the original Chapter from 2016, this
legislation establishes a MIF stakeholder advisory panel that will meet
at a minimum of twice annually to discuss ongoing issues and make recom-
mendations.

Together these protections will help ensure the MIF is functioning as
originally intended and that families are getting the care they are
entitled to and need for their children.

 
LEGISLATIVE HISTORY:

2017-18: S6948-A Hannon/A9018-A Abinanti

2019-2020: S4811/A2347 Abinanti

2021-2022: S2527-A/A4958-A Abinanti

2023-2024: S5958/A9994 Buttenschon

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it becomes law.

2025-S3364 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3364
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2025
                                ___________
 
 Introduced  by  Sens.  RIVERA,  KRUEGER, MAYER -- 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  establishing  an
   office  of the state medical indemnity fund ombudsperson and a medical
   indemnity fund advisory panel

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding two new sections
 2999-k and 2999-l to read as follows:
   §  2999-K.  MEDICAL  INDEMNITY FUND OMBUDSPERSON.   1. THERE IS HEREBY
 ESTABLISHED AN OFFICE OF THE STATE MEDICAL INDEMNITY  FUND  OMBUDSPERSON
 FOR  THE  PURPOSE OF RECEIVING AND RESOLVING COMPLAINTS AFFECTING QUALI-
 FIED PLAINTIFFS, WHERE APPROPRIATE, REFERRING  SUCH  COMPLAINTS  TO  THE
 APPROPRIATE  AGENCIES  AND  ACTING  IN  CONCERT  WITH SUCH AGENCIES. THE
 COMMISSIONER SHALL APPOINT A FULL-TIME MEDICAL INDEMNITY FUND OMBUDSPER-
 SON TO ADMINISTER AND SUPERVISE THE OFFICE OF THE STATE  MEDICAL  INDEM-
 NITY  FUND OMBUDSPERSON.   THE MEDICAL INDEMNITY FUND OMBUDSPERSON SHALL
 BE SELECTED FROM AMONG INDIVIDUALS WITH EXPERTISE AND EXPERIENCE IN  THE
 FIELD  OF NEUROLOGICAL INJURIES AND ADVOCACY, AND WITH SUCH OTHER QUALI-
 FICATIONS AS SHALL BE DETERMINED BY THE COMMISSIONER.  SUCH OMBUDSPERSON
 MAY, WITH APPROVAL OF THE COMMISSIONER, APPOINT ONE OR  MORE  AUTHORIZED
 DEPUTIES  TO  ASSIST IN THEIR DUTIES PURSUANT TO THIS SECTION; PROVIDED,
 HOWEVER, THAT NO SUCH DEPUTY SHALL HAVE ANY CONFLICT OF INTEREST, OR  BE
 EMPLOYED  BY  THE  FUND  ADMINISTRATOR  OR  OTHER  PARTY INVOLVED IN THE
 MANAGEMENT OF THE FUND. THE MEDICAL INDEMNITY FUND  OMBUDSPERSON  SHALL,
 PERSONALLY OR THROUGH AUTHORIZED DEPUTIES:
   (A)  IDENTIFY,  INVESTIGATE AND RESOLVE COMPLAINTS THAT ARE MADE BY OR
 ON BEHALF OF QUALIFIED PLAINTIFFS, AND THAT RELATE TO ACTIONS, INACTIONS
 OR DECISIONS THAT MAY ADVERSELY AFFECT THE HEALTH,  SAFETY,  WELFARE  OR
 RIGHTS OF QUALIFIED PLAINTIFFS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07011-01-5
 S. 3364                             2

 
   (B)  PROVIDE  SERVICES TO ASSIST QUALIFIED PLAINTIFFS, OR THEIR REPRE-
 SENTATIVES, IN NAVIGATING THE FUND AND UNDERSTANDING  THE  FUND'S  REGU-
 LATIONS, GUIDELINES AND PROCEDURES;
   (C)  INFORM  QUALIFIED  PLAINTIFFS, OR THEIR REPRESENTATIVES, OF THEIR
 RIGHTS AND MEANS OF OBTAINING THE SERVICES, SUPPLIES  AND  MODIFICATIONS
 TO WHICH THEY ARE ENTITLED;
   (D)  ANALYZE  AND  MONITOR  IMPLEMENTATION OF THE LAWS AND REGULATIONS
 RELATING TO THE FUND; AND
   (E) CARRY OUT OTHER SUCH ACTIVITIES AS THE COMMISSIONER  SHALL  DETER-
 MINE APPROPRIATE.
   2.  NEITHER  THE MEDICAL INDEMNITY FUND OMBUDSPERSON, NOR ANY OF THEIR
 DEPUTIES SHALL DISCLOSE TO ANY PERSON OUTSIDE THE OFFICE  OF  THE  STATE
 MEDICAL  INDEMNITY  FUND  OMBUDSPERSON  ANY  INFORMATION OBTAINED FROM A
 QUALIFIED PLAINTIFF'S RECORDS  WITHOUT  THE  CONSENT  OF  THE  QUALIFIED
 PLAINTIFF OR THEIR REPRESENTATIVE.
   3. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, AND ANNUALLY
 THEREAFTER,  THE MEDICAL INDEMNITY FUND OMBUDSPERSON SHALL SUBMIT TO THE
 COMMISSIONER, THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF
 THE SENATE, A REPORT WHICH SHALL INCLUDE,  BUT  NOT  BE  LIMITED  TO,  A
 DETAILED  SUMMARY  OF  THE ACTIVITIES OF THE OFFICE OF THE STATE MEDICAL
 INDEMNITY FUND OMBUDSPERSON, DATA REGARDING THE  COMPLAINTS  AND  ISSUES
 WITHIN  THE  FUND, THE PROCESS USED IN RESOLVING ISSUES, AND RECOMMENDA-
 TIONS FOR LEGISLATIVE OR REGULATORY AMENDMENTS TO IMPROVE THE FUND.
   § 2999-L. MEDICAL INDEMNITY  FUND  ADVISORY  PANEL.  THERE  IS  HEREBY
 ESTABLISHED AN ADVISORY PANEL TO BE COMPRISED OF THE COMMISSIONER, QUAL-
 IFIED PLAINTIFFS OR REPRESENTATIVES OF QUALIFIED PLAINTIFFS, PHYSICIANS,
 MEDICAL  SUPPLIERS, ADVOCATES AND OTHER INTERESTED PARTIES. THE ADVISORY
 PANEL SHALL BE CHAIRED BY THE COMMISSIONER AND SHALL BE COMPOSED OF  NOT
 LESS  THAN  NINE  ADDITIONAL MEMBERS APPOINTED BY THE GOVERNOR, OF WHICH
 TWO SHALL BE APPOINTED UPON RECOMMENDATION OF THE TEMPORARY PRESIDENT OF
 THE SENATE AND TWO SHALL BE APPOINTED UPON  THE  RECOMMENDATION  OF  THE
 SPEAKER  OF THE ASSEMBLY. THE ADVISORY PANEL SHALL MEET BIANNUALLY, WITH
 THE FIRST MEETING OCCURRING WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFEC-
 TIVE DATE OF THIS SECTION, TO DISCUSS THE FUNCTIONING OF  THE  FUND  AND
 ANY  RELEVANT  ISSUES.  THE  COMMISSIONER  SHALL  CONSIDER THE INPUT AND
 COMMENTS OF THE ADVISORY PANEL IN  DRAFTING  AND  AMENDING  REGULATIONS,
 GUIDELINES OR POLICIES PERTAINING TO THE FUND ADMINISTRATION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.

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Senate Bill S3364

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Sponsored By

Gustavo Rivera