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A05143 Summary:

BILL NO    A05143 

SAME AS    SAME AS S02788

SPONSOR    Gottfried (MS)

COSPNSR    Jacobs, Galef, Gunther, Rosenthal, Scarborough, Heastie, Kavanagh,
           Colton, Quart

MLTSPNSR   Abbate, Brennan, Clark, Cook, Cusick, Cymbrowitz, Dinowitz,
           Englebright, Glick, Hikind, Hooper, Kellner, Lifton, Magnarelli,
           Markey, Millman, Ortiz, Paulin, Perry, Sweeney, Titus

Add SS11-108 & 11-109, Gen Ob L; amd S1602, CPLR; amd S4410, Pub Health L

Provides for accountability of "health care organizations" (i.e., entities,
other than a health care provider, that approve, provide, arrange for or pay
for health care services, including a health plan's preferred provider
organization): provides that whenever health care organizations delay, fail or
refuse to approve, provide, arrange for, or pay for in a timely manner any
health care service that it is contractually obligated to provide or cover for
a person, it shall be liable for any personal injury, death or damages caused
by delay, failure or refusal; provides that an organization shall be liable for
acts by an agent, contractor, etc., for which the organization would be liable
if the act were committed by the organization; imposes upon all health plans
(including workers compensation and casualty insurers) the duty to exercise
reasonable care when making decisions that affect the health care service of an
enrollee, and in selecting and exerting influence over its employees, agents,
etc., who act on its behalf regarding decisions that affect the quality of an
enrollee's diagnosis, care or treatment; prohibits organizations from requiring
a health care provider to indemnify or hold it harmless for its liability;
related provisions.
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