S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        8836--A

                              2009-2010 Regular Sessions

                                 I N  A S S E M B L Y

                                     June 11, 2009
                                      ___________

       Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
         on Health -- committee discharged, bill amended, ordered reprinted  as
         amended and recommitted to said committee

       AN  ACT  to amend the public health law, in relation to providing access
         to diagnostic laboratories by patients in health maintenance organiza-
         tions

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Section  4406-c  of  the  public health law is amended by
    2  adding a new subdivision 4-a to read as follows:
    3    4-A. NO NOT-FOR-PROFIT, FOR  PROFIT  HEALTH  MAINTENANCE  ORGANIZATION
    4  (HMO),  PREFERRED PROVIDER ORGANIZATION (PPO), POINT OF SERVICE (POS) OR
    5  GOVERNMENT SUBSIDIZED HEALTH CARE PLAN SHALL BY CONTRACT, WRITTEN POLICY
    6  OR WRITTEN PROCEDURE ESTABLISH AN EXCLUSIVE ARRANGEMENT OF ANY KIND WITH
    7  A DIAGNOSTIC LABORATORY, PROHIBIT OR RESTRICT ANY DIAGNOSTIC  LABORATORY
    8  MARKET  ACCESS  TO  SUCH HEALTH CARE PROVIDER OR OTHERWISE LIMIT PATIENT
    9  CHOICE TO DIAGNOSTIC LABORATORY SERVICES.  AT A MINIMUM, MANAGED  HEALTH
   10  CARE PLANS SHALL INCLUDE FOR PARTICIPATION, WITHIN ITS NETWORK, AT LEAST
   11  THREE  FULL  SERVICE LABORATORIES IN AUGMENTING AND FACILITATING PATIENT
   12  CHOICE AND ACCESS.
   13    S 2. This act shall take effect on the thirtieth day  after  it  shall
   14  have become a law.




        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14273-02-9