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A00378 Summary:

BILL NOA00378
 
SAME ASSAME AS S00986
 
SPONSORAbinanti
 
COSPNSR
 
MLTSPNSR
 
Rpld §2999-j subs 2-a & 7-a, §2999-k, amd §§2999-j & 2999-h, Pub Health L; amd §5, Chap of 2016 (as proposed in S.7837-B & A.9835-B)
 
Relates to the state medical indemnity fund and consumer and stakeholder workgroups.
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A00378 Actions:

BILL NOA00378
 
01/05/2017referred to health
01/17/2017reported referred to codes
01/17/2017reported referred to rules
01/17/2017reported
01/17/2017rules report cal.9
01/17/2017ordered to third reading rules cal.9
01/18/2017passed assembly
01/18/2017delivered to senate
01/17/2017REFERRED TO RULES
01/23/2017SUBSTITUTED FOR S986
01/23/20173RD READING CAL.19
01/23/2017PASSED SENATE
01/23/2017RETURNED TO ASSEMBLY
01/24/2017delivered to governor
02/01/2017signed chap.4
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A00378 Committee Votes:

HEALTH Chair:Gottfried DATE:01/17/2017AYE/NAY:26/0 Action: Favorable refer to committee Codes
GottfriedAyeRaiaAye
SchimmingerAyeMcDonoughAye
GalefAyeRaAye
DinowitzAyeWalterAye
CahillAyeGarbarinoAye
PaulinAyeByrneAye
CymbrowitzAyeNorrisAye
GuntherAye
RosenthalAye
HevesiAye
LavineAye
TitoneAye
MayerAye
JaffeeAye
SteckAye
AbinantiAye
BraunsteinAye
KimAye
SolagesAye

RULES Chair:Heastie DATE:01/17/2017AYE/NAY:29/0 Action: Favorable
HeastieAyeKolbAye
GottfriedAyeOaksAye
LentolAyeButlerAye
FarrellAyeCrouchAye
GanttAyeFinchAye
NolanAyeBarclayAye
WeinsteinAyeRaiaAye
HooperAyeHawleyAye
OrtizAye
PretlowAye
CookAye
GlickAye
MorelleAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonExcused
MagnarelliAye
PerryExcused
GalefAye
PaulinAye
TitusAye
Peoples-StokesAye

CODES Chair:Lentol DATE:01/17/2017AYE/NAY:21/0 Action: Favorable refer to committee Rules
LentolAyeGrafAye
SchimmingerAyeGiglioAye
WeinsteinAyeMcKevittAye
PretlowAyeMontesanoAye
CookAyeRaAye
CymbrowitzAyeMorinelloAye
TitusAye
O'DonnellAye
LavineAye
PerryExcused
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye
HevesiAye
FahyAye

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A00378 Floor Votes:

DATE:01/18/2017Assembly Vote  YEA/NAY: 143/0
AbbateYCrouchYGoodellYLiftonYO'DonnellYSepulvedaY
AbinantiYCurranYGottfriedYLopezYOrtizYSimanowitzY
ArroyoERCusickYGrafYLupardoYOtisYSimonY
AubryYCymbrowitzYGuntherYLupinacciYPalmesanoYSimotasY
BarclayERDavilaYHarrisYMageeYPalumboYSkartadosY
BarnwellYDe La RosaYHawleyYMagnarelliYPaulinYSkoufisY
BarrettYDenDekkerYHevesiYMalliotakisYPeoples-StokesYSolagesY
BarronYDickensYHikindYMayerERPerryYStecY
BenedettoYDilanYHooperYMcDonaldYPheffer AmatoYSteckY
BichotteERDinowitzYHunterYMcDonoughYPichardoYStirpeY
BlakeYDiPietroERHyndmanYMcKevittYPretlowYThieleY
BlankenbushYD'UrsoYJaffeeYMcLaughlinYQuartYTitoneY
BrabenecYEnglebrightYJean-PierreYMiller B YRaYTitusY
BraunsteinYErrigoYJenneYMiller MGYRaiaYVanelY
BrindisiYFahyYJohnsYMiller MLYRamosYWalkerY
BronsonYFarrellYJonesYMontesanoYRichardsonYWallaceY
BuchwaldYFinchYJoynerYMorelleYRiveraYWalshY
ButlerYFitzpatrickYKavanaghYMorinelloYRodriguezYWalterY
ByrneYFriendYKearnsYMosleyYRosenthalYWeinsteinY
CahillYGalefYKimYMoyaYRozicYWeprinY
CarrollYGanttYKolbYMurrayYRyanYWilliamsER
CastorinaYGarbarinoYLalorYNiouYSaladinoYWoernerY
ColtonYGiglioYLavineYNolanYSantabarbaraYWrightY
CookYGjonajYLawrenceYNorrisYSchimmingerYZebrowskiY
CrespoYGlickYLentolYOaksERSeawrightYMr. SpeakerY

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A00378 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A378
 
SPONSOR: Abinanti
  TITLE OF BILL: An act to amend the public health law, in relation to the state medical indemnity fund; to amend a chapter 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 to repeal subdivisions 2-a and 7-a of section 2999-j and section 2999-k of the public health law, relating to requests for denials of claims and denials of requests for prior authorizations and consumer and stakeholder workgroups   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill to make modifications to the Medical Indemnity Fund (MIF).   SUMMARY OF SPECIFIC PROVISIONS: Section 1 repeals subdivisions 2-a and 7-a of section 2999-j of the public health law. Section 2 amends paragraph (c) of subdivision 2 of section 2999-j of the public health law to clarify that the Department of Health is prohibited from promulgating regulations disqualifying certain health care costs. Section 3 amends subdivision 3 of section 2999-h of the public health law to delete from the definition of "qualifying health care costs" the phrase "including other therapeutic benefit." Section 4 repeals section 2999-k of the public health law. Section 5 directs the Superintendent of Financial Services to issue a report to the Governor and the Legislature on the financial state of the Medical Indemnity Fund by April 1, 2017. Section 6 modifies the effective date of chapter 517 of the laws of 2016 as it pertains to increased reimbursement rates. The rates will take effect on June 30, 2017, and shall expire and be deemed repealed on December 31, 2019. Section 7 is the effective date.   JUSTIFICATION: The Medical Indemnity Fund (MIF) was designed to ensure that children with birth-related neurological injuries are able to have their medical needs met, and access services that they need to improve their quality of life. In furtherance of that goal, the bill that created chapter 517 of the laws of 2016 as well this bill make changes to the MIF to allow children to better access such services. This bill clarifies that where a benefit has been determined to be medically necessary for the injured individual, no regulation may permit the denial of payment because someone else in the household may also benefit. The new language makes it clear that the determining factor is whether the individual benefits, and if so, it may not be prohibited where, incidentally, someone else benefits. Additionally, the phrase "including other therapeutic benefits" was deleted from the definition of "qualifying health care cost," as that is duplicative of other services delineated in such definition, such as rehabilitation and habilitation. Rehabilitation traditionally provides for various types of therapies to facilitate the recovery process, while habilitation provides for a broad range of therapies to build on such recovery and further improve activities of daily life. These therapies help individuals recover and improve physically, socially, cognitively, communicatively, and intellectually in order to maximize independence and enhance the overall quality of life.   PRIOR LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS: Undetermined.   EFFECTIVE DATE: This act shall take effect immediately; provided, however, that sections one, two, three and four of this act shall take effect on the same date and in the same manner as a chapter of the laws of 2016, amending the public health law relating to payments from the New York state medical indemnity fund, as proposed in legislative bills numbers S.7873-B and A.9835-B, takes effect.
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A00378 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           378
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 5, 2017
                                       ___________
 
        Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
          tee on Health
 
        AN  ACT to amend the public health law, in relation to the state medical
          indemnity fund; to amend a chapter 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 to
          repeal subdivisions 2-a and 7-a of section 2999-j and  section  2999-k
          of  the  public health law, relating to requests for denials of claims
          and denials of requests for  prior  authorizations  and  consumer  and
          stakeholder workgroups
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  Subdivisions 2-a and 7-a of section 2999-j of  the  public
     2  health  law,  as  added  by  a chapter of the laws of 2016, amending the
     3  public health law relating to payments from the New York  state  medical
     4  indemnity  fund,  as  proposed in legislative bills numbers S.7873-B and
     5  A.9835-B, are REPEALED.
     6    § 2. Paragraph (c) of subdivision 2 of section 2999-j  of  the  public
     7  health  law,  as  added  by  a chapter of the laws of 2016, amending the
     8  public health law relating to payments from the New York  state  medical
     9  indemnity  fund,  as  proposed in legislative bills numbers S.7873-B and
    10  A.9835-B, is amended to read as follows:
    11    (c) such regulations shall not prohibit qualifying health  care  costs
    12  on  the  grounds that the qualifying health care cost [is not limited to
    13  the direct need of the  patient  and]  may  incidentally  benefit  other
    14  members  of  the  household, provided that whether the qualifying health
    15  care cost primarily benefits the patient may be considered.
    16    § 3. Subdivision 3 of section 2999-h of  the  public  health  law,  as
    17  amended by a chapter of the laws of 2016, amending the public health law
    18  relating  to payments from the New York state medical indemnity fund, as
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06718-04-7

        A. 378                              2
 
     1  proposed in legislative bills numbers S.7873-B and A.9835-B, is  amended
     2  to read as follows:
     3    3.  "Qualifying health care costs" means the future medical, hospital,
     4  surgical, nursing, dental, rehabilitation, habilitation, respite, custo-
     5  dial, durable medical equipment, home modifications, assistive technolo-
     6  gy, vehicle modifications, transportation for purposes  of  health  care
     7  related appointments, prescription and non-prescription medications, and
     8  other  health  care costs actually incurred for services rendered to and
     9  supplies utilized by qualified plaintiffs, which are necessary  to  meet
    10  their  health  care needs, [including providing therapeutic benefit,] as
    11  determined by their treating physicians, physician assistants, or  nurse
    12  practitioners  and  as  otherwise  defined  by the commissioner in regu-
    13  lation.
    14    § 4. Section 2999-k of the public health law, as added by a chapter of
    15  the laws of 2016, amending the public health law  relating  to  payments
    16  from  the New York state medical indemnity fund, as proposed in legisla-
    17  tive bills numbers S.7873-B and A.9835-B, is REPEALED.
    18    § 5. On or before April  1,  2017,  the  superintendent  of  financial
    19  services  shall  issue  a  report  to  the  governor and the legislature
    20  addressing the financial condition of the state medical indemnity  fund,
    21  the  future solvency of such fund, and any issues relating to the opera-
    22  tion  of  such  fund  that  the  superintendent,  in  his  or  her  sole
    23  discretion,  elects  to  include in the report. In preparing the report,
    24  the superintendent may  consult  with  qualified  plaintiffs,  represen-
    25  tatives  of  qualified  plaintiffs, and physicians, advocates, and other
    26  interested parties.
    27    § 6. Section 5 of a chapter of the laws of 2016, amending  the  public
    28  health  law  relating to payments from the New York state medical indem-
    29  nity fund,  as  proposed  in  legislative  bills  numbers  S.7873-B  and
    30  A.9835-B, is amended to read as follows:
    31    §  5. This act shall take effect on the forty-fifth day after it shall
    32  have become a law, provided that the  amendments  to  subdivision  4  of
    33  section  2999-j of the public health law made by section two of this act
    34  shall take effect on June 30,  2017  and  shall  expire  and  be  deemed
    35  repealed December 31, 2019.
    36    §  7.  This act shall take effect immediately; provided, however, that
    37  sections one, two, three and four of this act shall take effect  on  the
    38  same  date  and  in  the  same  manner as a chapter of the laws of 2016,
    39  amending the public health law relating to payments from  the  New  York
    40  state  medical  indemnity fund, as proposed in legislative bills numbers
    41  S.7873-B and A.9835-B, takes effect.
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A00378 Chamber Video/Transcript:

1-18-17Video (@ 00:25:10)
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