|SAME AS||SAME AS S05675|
|COSPNSR||Jaffee, Steck, Brindisi, Fahy, Sepulveda|
|Amd §§3217-e & 4306-d, Ins L; amd §4403, Pub Health L|
|Requires health insurers to offer coverage of health care provided by out-of-network providers.|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7671 SPONSOR: Rosenthal
TITLE OF BILL: An act to amend the public health law and the insur- ance law, in relation to requiring health care insurers to offer cover- age for health care provided by out-of-network providers   PURPOSE: Ensures consumer choice by providing for continued access to out-of-net- work insurance coverage.   SUMMARY OF PROVISIONS: This bill amends Public Health Law § 4403 and Insurance Law §§ 3217-e and 4306-d to require that every insurer offer, both inside and outside of the exchange, out-of-network coverage in at least one policy option and as an optional rider. It provides an effective date of January next succeeding the date of enactment.   JUSTIFICATION: Across the state, individuals accessing insurance through the statewide health benefit exchange, "the New York State of Health," and outside of the exchange are finding plans no longer include out-of-network cover- age. Citing concerns of keeping plan costs affordable and predictable, the New York State of Health did not require plans sold on the exchange offer out-of-network coverage. Rather, in establishing the New York State of Health, the only condition regulators imposed on insurers regarding out-of-network coverage was the requirement that if they offer out-of-network coverage to individuals purchasing insurance directly, they must also offer it through the exchange. While the Department of Health had indicated that the 2015 exchange invitation would include a requirement for out-of-network benefits, the final invitation did not include such requirement. Instead the 2015 invitation continued the requirement that if the applicant offered an out-of-network product outside of the exchange, it must also offer such within the exchange at platinum and silver levels. Further, the invitation encouraged insurers to offer such products within the exchange if they do not offer such outside of the exchange. As insurance carriers put into effect cost saving measures, coverage the Affordable Care Act does not mandate, such as out-of-network coverage, is being eliminated. Insurers across the state faced concerns that competitors would not offer out-of-network coverage, leaving them to attract the sickest, most costly patients if they did offer this cover- age. The result has been most insurers chose to eliminate the out-of- network option in all their plans marketed to individuals. This coverage remains an option in a handful of counties in the state. This situation is compounded by recent reports that the plans being offered on the exchange have very limited networks. The Wall Street Journal reported results of a McKinsey report which looked at federal and state-run exchanges in 20 cities, finding that 60% of health plans offered coverage at fewer hospitals compared to current individual plans. Narrow networks restrict access and further illustrate the need for an out-of-network coverage option. While the 2014-15 Budget did include monumental changes protecting consumers from surprise medical bills resulting from out-of-network care, those provisions did not address access to out-of-network coverage in the individual market. While policies containing out-of-network coverage will likely cost more than those that do not provide this coverage, for individuals facing certain illnesses or having specific health care needs, this is affordable and necessary option that must be made available. Additionally, for individuals who previously sought care by a particular provider no longer included within their network, this added option may be well worth the extra expense. By requiring insurers to provide out-of-network coverage as an option, this legislation will provide and protect consumer choice, and ensure patients can maintain access to the provider of their choice.   LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: The first of January next succeeding the date on which it shall become law, and shall apply to contracts and policies issued, renewed, modified or amended on or after such date.
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STATE OF NEW YORK ________________________________________________________________________ 7671 2017-2018 Regular Sessions IN ASSEMBLY May 8, 2017 ___________ Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Insurance AN ACT to amend the public health law and the insurance law, in relation to requiring health care insurers to offer coverage for health care provided by out-of-network providers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 4403 of the public health law is amended by adding 2 a new subdivision 9 to read as follows: 3 9. Every health maintenance organization shall offer out-of-network 4 coverage as an optional rider to any contract and shall offer at least 5 one contract option that includes out-of-network coverage. These options 6 shall be made available both within the statewide health benefit 7 exchange and outside of the health benefit exchange. 8 § 2. Section 3217-e of the insurance law, as added by chapter 219 of 9 the laws of 2011, is amended to read as follows: 10 § 3217-e. Choice of health care provider. (a) An insurer that is 11 subject to this article and requires or provides for designation by an 12 insured of a participating primary care provider shall permit the 13 insured to designate any participating primary care provider who is 14 available to accept such individual, and in the case of a child, shall 15 permit the insured to designate a physician (allopathic or osteopathic) 16 who specializes in pediatrics as the child's primary care provider if 17 such provider participates in the network of the insurer. 18 (b) Every insurer that offers health insurance and is subject to the 19 provisions of this article, shall offer out-of-network coverage as an 20 optional rider to any policy and shall offer at least one policy option 21 that includes out-of-network coverage. These options shall be made 22 available both within the statewide health benefit exchange and outside 23 of the health benefit exchange. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01720-02-7A. 7671 2 1 § 3. Section 4306-d of the insurance law, as added by chapter 219 of 2 the laws of 2011, is amended to read as follows: 3 § 4306-d. Choice of health care provider. (a) A corporation that is 4 subject to the provisions of this article and requires or provides for 5 designation by a subscriber of a participating primary care provider 6 shall permit the subscriber to designate any participating primary care 7 provider who is available to accept such individual, and in the case of 8 a child, shall permit the subscriber to designate a physician (allopath- 9 ic or osteopathic) who specializes in pediatrics as the child's primary 10 care provider if such provider participates in the network of the corpo- 11 ration. 12 (b) Every corporation that is subject to the provisions of this arti- 13 cle, shall offer out-of-network coverage as an optional rider to any 14 contract and shall offer at least one contract option that includes 15 out-of-network coverage. These options shall be made available both 16 within the statewide health benefit exchange and outside of the health 17 benefit exchange. 18 § 4. This act shall take effect on the first of January next succeed- 19 ing the date on which it shall have become a law, and shall apply to 20 contracts and policies issued, renewed, modified or amended on or after 21 such date.