•  Summary 
  •  
  •  Actions 
  •  
  •  Votes 
  •  
  •  Memo 
  •  
  •  Text 

A02922 Summary:

BILL NO    A02922 

SAME AS    No same as 

SPONSOR    Peoples-Stokes

COSPNSR    Barron, Robinson, Joyner

MLTSPNSR   Simon

Amd SS210 & 4323, Ins L; amd S206, add Art 2 Title 3-A SS245 - 249, Pub Health
L

Establishes a health care disparities data collection system.
Go to top

A02922 Text:

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

                                         2922

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 20, 2015
                                      ___________

       Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
         Committee on Mental Health

       AN ACT to amend the insurance law and the public health law, in relation
         to establishing a health care disparities data collection system

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

    1    Section  1.  Subsections  (d)  and (e) of section 210 of the insurance
    2  law, as added by chapter 579 of the laws of 1998, are amended to read as
    3  follows:
    4    (d) BEGINNING NO LATER THAN SEPTEMBER FIRST OF THE YEAR FOLLOWING  THE
    5  EFFECTIVE DATE OF THE RULES AND REGULATIONS ESTABLISHING THE HEALTH CARE
    6  DISPARITIES DATA COLLECTION SYSTEM, PURSUANT TO TITLE THREE-A OF ARTICLE
    7  TWO  OF  THE  PUBLIC HEALTH LAW, AND ON SEPTEMBER FIRST OF THE PRECEDING
    8  YEAR  IF  PRACTICABLE,  IN  ADDITION  TO  THE  INFORMATION  REQUIRED  IN
    9  SUBSECTIONS  (A),  (B) AND (C) OF THIS SECTION, THE SUPERINTENDENT SHALL
   10  INCLUDE IN SUCH GUIDE AND SELECTION  OF  THE  DATA  APPLICABLE  TO  EACH
   11  INSURER  OR  ENTITY  FROM  THE  HEALTH  CARE DISPARITIES DATA COLLECTION
   12  SYSTEM. SUCH DATA SHALL INCLUDE DATA COLLECTED OR COMPILED IN REGARD  TO
   13  HEALTH CARE QUALITY AND HEALTH OUTCOMES PURSUANT TO SECTION TWO THOUSAND
   14  NINE  HUNDRED  NINETY-FIVE-C OF THE PUBLIC HEALTH LAW OR OTHER DATA THAT
   15  IS GENERALLY RECOGNIZED AS AUTHORITATIVE AND RELIABLE.
   16    (E) Health insurers and entities certified pursuant to article  forty-
   17  four  of the public health law shall provide annually to the superinten-
   18  dent and the commissioner of health,  and  the  commissioner  of  health
   19  shall  provide  to  the superintendent, all of the information necessary
   20  for the superintendent to produce the annual  consumer  guide,  PROVIDED
   21  THAT  THIS  REQUIREMENT  SHALL  NOT APPLY TO INFORMATION PROVIDED FOR IN
   22  SUBSECTION (D) OF THIS SECTION IF THE SUPERINTENDENT  ALREADY  POSSESSES
   23  SUCH  INFORMATION  AS PART OF THE DATA COLLECTION SYSTEM PROVIDED FOR IN
   24  TITLE THREE-A OF ARTICLE TWO OF THE PUBLIC HEALTH LAW. In compiling  the
   25  guide,  the  superintendent  shall  make every effort to ensure that the

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01341-01-5
       A. 2922                             2

    1  information is presented in a clear, understandable fashion which facil-
    2  itates comparisons among individual insurers  and  entities,  and  in  a
    3  format which lends itself to the widest possible distribution to consum-
    4  ers.  The  superintendent  shall either include the information from the
    5  annual consumer  guide  in  the  consumer  shopping  guide  required  by
    6  subsection  (a)  of  section four thousand three hundred twenty-three of
    7  this chapter or combine the two guides as long as consumers in the indi-
    8  vidual market are provided with the information required  by  subsection
    9  (a) of section four thousand three hundred twenty-three of this chapter.
   10    [(e)]  (F) The superintendent shall contract with a national organiza-
   11  tion for the purposes of drafting and designing the guide, including the
   12  preparation of relevant explanatory material.  Such  organization  shall
   13  have  actual  experience  in  preparing a similar guide for at least one
   14  other state. The superintendent, in consultation with  the  commissioner
   15  of  health, may also contract with one or more national organizations to
   16  assist such commissioner in the collection of data and the analysis  and
   17  auditing  of  the  clinical  measurers. Such organizations shall consult
   18  periodically with associations representing health insurers  and  health
   19  maintenance  organizations  as  well as with consumer representatives in
   20  New York in preparing the consumer guide. IN REGARD TO INFORMATION ADDED
   21  TO THE CONSUMER GUIDE OR GUIDES  PURSUANT  TO  SUBSECTION  (D)  OF  THIS
   22  SECTION,  THE DATA SELECTED AS WELL AS THE FORMAT SHALL BE DETERMINED BY
   23  THE SUPERINTENDENT IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, WITH
   24  CONSIDERATION GIVEN TO THE VIEWS EXPRESSED BY STAKEHOLDERS IN THE REVIEW
   25  AND COMMENT PROCESS HELD PURSUANT TO SUBDIVISION ELEVEN OF  SECTION  TWO
   26  HUNDRED FORTY-SEVEN OF THE PUBLIC HEALTH LAW.
   27    S  2.  Subsection (a) of section 4323 of the insurance law, as amended
   28  by chapter 1 of the laws of 1999, is amended to read as follows:
   29    (a) All health  maintenance  organizations  issued  a  certificate  of
   30  authority  under article forty-four of the public health law or licensed
   31  under this article shall prepare, in conjunction  with  the  superinten-
   32  dent, and shall participate in and share the cost of the publication and
   33  dissemination of a consumer's shopping guide for standardized individual
   34  health  plans  issued  pursuant  to sections four thousand three hundred
   35  twenty-one and four thousand three hundred twenty-two  of  this  article
   36  and a separate consumer shopping guide for standardized qualifying indi-
   37  vidual  health  insurance  contracts  and  standardized qualifying group
   38  health insurance contracts issued  pursuant  to  section  four  thousand
   39  three hundred twenty-six of this article. The consumer's shopping guides
   40  shall  be  published annually and shall include the names, addresses and
   41  telephone numbers of all health maintenance organizations offering  such
   42  coverage  as  well  as  a description of the plan design and premiums in
   43  such a manner that facilitates consumer comparison. SUCH CONSUMER GUIDES
   44  SHALL ALSO CONTAIN, IN A MANNER THAT FACILITATES CONSUMER COMPARISON,  A
   45  SELECTION  OF THE DATA APPLICABLE TO EACH SUCH HEALTH MAINTENANCE ORGAN-
   46  IZATION FROM THE HEALTH CARE DISPARITIES DATA COLLECTION  SYSTEM  ESTAB-
   47  LISHED  UNDER TITLE THREE-A OF ARTICLE TWO OF THE PUBLIC HEALTH LAW. THE
   48  DATA SELECTED AS WELL AS THE FORMAT SHALL BE DETERMINED  BY  THE  SUPER-
   49  INTENDENT  IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, WITH CONSID-
   50  ERATION GIVEN TO THE VIEWS EXPRESSED BY STAKEHOLDERS IN THE  REVIEW  AND
   51  COMMENT  PROCESS  HELD  PURSUANT  TO  SUBDIVISION  ELEVEN OF SECTION TWO
   52  HUNDRED FORTY-SEVEN OF THE PUBLIC HEALTH LAW.
   53    S 3. Subdivision 1 of section 206 of the public health law is  amended
   54  by adding a new subdivision (v) to read as follows:
   55    (V) ESTABLISH, ADMINISTER AND ENFORCE THE HEALTH CARE DISPARITIES DATA
   56  COLLECTION SYSTEM ESTABLISHED UNDER TITLE THREE-A OF THIS ARTICLE.
       A. 2922                             3

    1    S  4.  Article  2  of the public health law is amended by adding a new
    2  title 3-A to read as follows:
    3                                 TITLE III-A
    4               HEALTH CARE DISPARITIES DATA COLLECTION SYSTEM
    5  SECTION 245. LEGISLATIVE INTENT.
    6          246. DEFINITIONS.
    7          247. ESTABLISHMENT  OF  HEALTH  CARE DISPARITIES DATA COLLECTION
    8                 SYSTEM.
    9          248. DISSEMINATION  OF  HEALTH  CARE  DISPARITIES  DATA  TO  THE
   10                 PUBLIC.
   11          249. ENFORCEMENT.
   12    S  245.  LEGISLATIVE  INTENT.  THE LEGISLATURE FINDS AND DECLARES THAT
   13  SUBSTANTIAL DISPARITIES EXIST AS TO HEALTH CARE OUTCOMES BASED ON  RACE,
   14  ETHNICITY,  SEX,  PRIMARY LANGUAGE, DISABILITY STATUS, AND SEXUAL ORIEN-
   15  TATION IN THIS STATE AND IN THE NATION. THE INTENT OF THIS TITLE  IS  TO
   16  ESTABLISH  A UNIFORM DATA HEALTH CARE DISPARITIES DATA COLLECTION SYSTEM
   17  IN THIS STATE WHICH WILL  ENABLE  HEALTH  CARE  CONSUMERS  TO  BE  FULLY
   18  INFORMED  AS  TO THE RECORD OF HEALTH PLANS AND HEALTH CARE INSTITUTIONS
   19  IN ADDRESSING DISPARITIES BASED  ON  THESE  FACTORS  IN  ORDER  TO  MAKE
   20  INFORMED  HEALTH  CARE  CHOICES  AND  FOR  STATE POLICYMAKERS TO ADDRESS
   21  DISPARITIES. THE DATA COLLECTION SYSTEM  ESTABLISHED  UNDER  THIS  TITLE
   22  SHALL  INCORPORATE  THE  DISPARITIES  DATA  COLLECTED  UNDER THE PATIENT
   23  PROTECTION AND AFFORDABLE CARE ACT, EXISTING STATE AND FEDERAL LAWS  AND
   24  REGULATIONS,  AND  THE  ADDITIONAL  REQUIREMENTS  ESTABLISHED UNDER THIS
   25  TITLE. IT IS FURTHER THE INTENT OF THIS TITLE THAT THE DEPARTMENT ASSEM-
   26  BLE HEALTH DISPARITIES DATA FROM ALL STATE  AND  FEDERAL  AGENCIES  THAT
   27  PRESENTLY  COLLECT  SUCH  DATA OR THAT WILL BE REQUIRED TO COLLECT IT IN
   28  THE FUTURE AND COMPILE THIS DATA IN A FORMAT THAT IS  EASILY  ACCESSIBLE
   29  AND AVAILABLE TO THE PUBLIC AT NO CHARGE.
   30    S  246.  DEFINITIONS. THE FOLLOWING WORDS AND PHRASES, AS USED IN THIS
   31  TITLE, SHALL HAVE  THE  FOLLOWING  MEANINGS:  1.  "ARTICLE  TWENTY-EIGHT
   32  FACILITY"  MEANS ANY ENTITY REGULATED UNDER ARTICLE TWENTY-EIGHT OF THIS
   33  CHAPTER, INCLUDING A HOSPITAL, NURSING HOME, OR RESIDENTIAL HEALTH  CARE
   34  FACILITY.
   35    2.  "DATA  PROVIDER"  MEANS  AN  ARTICLE TWENTY-EIGHT FACILITY DEFINED
   36  PURSUANT TO SUBDIVISION ONE OF THIS SECTION OR A HEALTH INSURER  DEFINED
   37  PURSUANT TO SUBDIVISION FOUR OF THIS SECTION.
   38    3.   "HEALTH   CARE  DISPARITIES  DATA  COLLECTION  SYSTEM"  OR  "DATA
   39  COLLECTION SYSTEM" MEANS THE  COLLECTION  OF  INFORMATION  IN  THE  FORM
   40  ESTABLISHED IN THIS TITLE.
   41    4.  "HEALTH  INSURER" MEANS A HEALTH MAINTENANCE ORGANIZATION ISSUED A
   42  CERTIFICATE OF AUTHORITY UNDER ARTICLE FORTY-FOUR OF  THIS  CHAPTER,  AN
   43  ENTITY LICENSED UNDER ARTICLE FORTY-THREE OR FORTY-FOUR OF THE INSURANCE
   44  LAW,  OR  A PERSON, FIRM OR CORPORATION PROVIDING HEALTH INSURANCE POLI-
   45  CIES UNDER ARTICLE THIRTY-TWO OF THE  INSURANCE  LAW.  SUCH  TERM  SHALL
   46  INCLUDE A PUBLIC INSURANCE PROGRAM.
   47    5.  "PATIENT  PROTECTION  AND AFFORDABLE CARE ACT" OR "AFFORDABLE CARE
   48  ACT" MEANS PUBLIC LAW 111-148 AND PUBLIC LAW 111-152, AS SUCH  LAWS  MAY
   49  FROM TIME TO TIME BE AMENDED.
   50    6. "PUBLIC INSURANCE PROGRAM" INCLUDES AN APPROVED ORGANIZATION PURSU-
   51  ANT  TO  TITLE ONE-A OF ARTICLE TWENTY-FIVE OF THIS CHAPTER, AN APPROVED
   52  ORGANIZATION PURSUANT TO SECTION  THREE  HUNDRED  SIXTY-NINE-EE  OF  THE
   53  SOCIAL SERVICES LAW, AND A PARTICIPANT IN THE PROGRAM CREATED BY SECTION
   54  FOUR  THOUSAND  THREE HUNDRED TWENTY-SIX OF THE INSURANCE LAW. SUCH TERM
   55  SHALL ALSO INCLUDE MEDICAL ASSISTANCE  FOR  NEEDY  PERSONS  PURSUANT  TO
   56  TITLE ELEVEN OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW.
       A. 2922                             4

    1    7.  "RACE  AND  ETHNICITY" MEANS ALL RACIAL CATEGORIES COMPILED BY THE
    2  UNITED STATES CENSUS, PROVIDED THAT THE "ASIAN" RACIAL CATEGORY SHALL BE
    3  BROKEN DOWN FURTHER INTO THE SUBCATEGORIES  DESIGNATED  BY  THE  CENSUS,
    4  INCLUDING  "ASIAN  INDIAN," "CHINESE," "FILIPINO," "JAPANESE," "KOREAN,"
    5  "VIETNAMESE," AND "OTHER ASIAN."
    6    8. "RETENTION RATE" MEANS THE PERCENTAGE OF THOSE ENROLLED IN A PUBLIC
    7  INSURANCE  PROGRAM  THAT ARE ASKED TO RENEW OR RECERTIFY AND DO RENEW OR
    8  RECERTIFY AS OF TWO MONTHS AFTER THE EXPIRATION OF THEIR PREVIOUS HEALTH
    9  INSURANCE COVERAGE.
   10    9. "TAKE UP RATE" MEANS THE PERCENTAGE OF THOSE ELIGIBLE FOR A  PUBLIC
   11  INSURANCE PROGRAM THAT ENROLL IN THE PROGRAM.
   12    S  247.  ESTABLISHMENT  OF  HEALTH  CARE  DISPARITIES  DATA COLLECTION
   13  SYSTEM.  1. THE DEPARTMENT SHALL ESTABLISH BY RULEMAKING A  HEALTH  CARE
   14  DISPARITIES  DATA COLLECTION SYSTEM. ONCE ESTABLISHED, THE DATA INCLUDED
   15  IN SUCH SYSTEM SHALL BE MADE AVAILABLE TO THE  PUBLIC  UNDER  THE  TERMS
   16  ESTABLISHED IN THIS TITLE.
   17    2.  ALL  DATA PROVIDERS SHALL BE REQUIRED TO FURNISH THE DATA MANDATED
   18  TO BE SUBMITTED UNDER SUBDIVISION THREE OF THIS SECTION  AND  ANY  OTHER
   19  DATA  WHICH THE DEPARTMENT SHALL PRESCRIBE, AND OTHERWISE PARTICIPATE IN
   20  THE HEALTH CARE DISPARITIES COLLECTION  SYSTEM  ESTABLISHED  UNDER  THIS
   21  TITLE.
   22    3.  THE  DATA  COLLECTION  SYSTEM SHALL INCLUDE AT LEAST THE FOLLOWING
   23  DATA SETS DISAGGREGATED BY RACE AND ETHNICITY,  SEX,  PRIMARY  LANGUAGE,
   24  DISABILITY STATUS, AND SEXUAL ORIENTATION:
   25    A.  IN THE CASE OF HEALTH INSURERS, THE NUMBER OF SUBSCRIBERS, COVERED
   26  PERSONS (INCLUDING SPOUSES AND CHILDREN IN THE CASE OF FAMILY COVERAGE),
   27  AND APPLICANTS;
   28    B. IN THE CASE OF  ARTICLE  TWENTY-EIGHT  FACILITIES,  THE  NUMBER  OF
   29  PATIENTS  AND  DATA  CONCERNING  HEALTH CARE QUALITY AND HEALTH OUTCOMES
   30  COLLECTED AND/OR DISSEMINATED PURSUANT  TO  SECTION  TWO  THOUSAND  NINE
   31  HUNDRED  NINETY-FIVE-B  OF THIS CHAPTER, AND/OR ANY OTHER DATA IN REGARD
   32  TO HEALTH CARE QUALITY AND HEALTH OUTCOMES SELECTED  BY  THE  DEPARTMENT
   33  THAT IS GENERALLY RECOGNIZED AS AUTHORITATIVE AND RELIABLE;
   34    C.  IN  THE  CASE  OF  PUBLIC  INSURANCE  PROGRAMS,  TAKE UP RATES AND
   35  RETENTION RATES;
   36    D. DATA COLLECTED OR COMPILED PURSUANT TO SECTION  TWO  THOUSAND  NINE
   37  HUNDRED NINETY-FIVE-C OF THIS CHAPTER;
   38    E. ANY DATA IN ADDITION TO THE DATA REFERRED TO IN PARAGRAPHS B, C AND
   39  D  OF  THIS  SUBDIVISION  IN  REGARD TO HEALTH CARE QUALITY AND OUTCOMES
   40  WHICH IS REQUIRED TO BE DISCLOSED OR FURNISHED TO ANY  STATE  AGENCY  BY
   41  ANY  PROVISION  OF  LAW,  THAT  IS  ALREADY DISAGGREGATED BY RACE AND/OR
   42  ETHNICITY, SEX,  PRIMARY  LANGUAGE,  DISABILITY  STATUS,  AND/OR  SEXUAL
   43  ORIENTATION, OR FOR WHICH IT IS PRACTICABLE TO DISAGGREGATE SUCH DATA BY
   44  SUCH FACTORS;
   45    F.  ANY  DATA THAT IS REQUIRED TO BE REPORTED IN REGARD TO APPLICANTS,
   46  RECIPIENTS OR PARTICIPANTS UNDER TITLE ONE OF THE PATIENT PROTECTION AND
   47  AFFORDABLE CARE ACT (42 U.S.C. 300K) AND ITS  IMPLEMENTING  REGULATIONS,
   48  AS SUCH REGULATIONS MAY FROM TIME TO TIME BE AMENDED; AND
   49    G.  ANY  OTHER DATA OR DATA METHODOLOGY THAT THE DEPARTMENT DETERMINES
   50  WOULD MEET THE GOALS OF THIS TITLE, INCLUDING DATA PRODUCED OR COLLECTED
   51  BY THE FEDERAL GOVERNMENT.
   52    4. UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, FOR THE PURPOSES OF
   53  PARAGRAPH F OF SUBDIVISION THREE OF THIS SECTION, THE TERMS "APPLICANT,"
   54  "RECIPIENT" OR "PARTICIPANT" SHALL HAVE THE SAME MEANING AS  SUCH  TERMS
   55  ARE  GIVEN  IN THE AFFORDABLE CARE ACT AND ITS IMPLEMENTING REGULATIONS,
   56  AS SUCH ACT AND REGULATIONS SHALL FROM TIME TO TIME BE AMENDED.
       A. 2922                             5

    1    5. THE DEPARTMENT SHALL REQUIRE DATA  PROVIDERS  TO  UPDATE  AT  LEAST
    2  ANNUALLY  ANY  DATA  THAT  IS  FURNISHED UNDER SUBDIVISION THREE OF THIS
    3  SECTION. NOTWITHSTANDING THE PRECEDING SENTENCE, FOR ANY DATA  COLLECTED
    4  PURSUANT  TO  ANY  OTHER  PROVISION  OF LAW WHICH REQUIRES UPDATING MORE
    5  FREQUENTLY  THAN  ANNUALLY, THE FREQUENCY PROVIDED FOR IN SUCH PROVISION
    6  SHALL APPLY.
    7    6.  ANY  STATE  AGENCY,  INCLUDING  ANY  HEALTH  BENEFIT  EXCHANGE  OR
    8  EXCHANGES  CREATED  IN  THE  STATE  UNDER  THE AFFORDABLE CARE ACT WHICH
    9  OBTAINS OR POSSESSES DATA WHICH  IS  SUBJECT  TO  THIS  TITLE  SHALL  BE
   10  REQUIRED  TO  FURNISH  SUCH  DATA TO THE DEPARTMENT UPON REQUEST, IN THE
   11  FORMAT AND MANNER REQUESTED BY THE DEPARTMENT.  SUCH  AGENCY  OR  ENTITY
   12  SHALL  ALSO  BE  REQUIRED TO COOPERATE WITH THE DEPARTMENT IN THE ESTAB-
   13  LISHMENT AND MAINTENANCE OF THE DATA COLLECTION SYSTEM.
   14    7. A. THE DEPARTMENT IS AUTHORIZED TO ENTER INTO  ANY  AGREEMENT  WITH
   15  THE  FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES OR ANY OTHER ENTITY
   16  THAT IS NECESSARY TO OBTAIN THE DATA OBTAINED BY THE FEDERAL  DEPARTMENT
   17  OF  HEALTH  AND HUMAN SERVICES FROM ANY FEDERALLY CONDUCTED OR SUPPORTED
   18  HEALTH CARE OR PUBLIC HEALTH PROGRAM, ACTIVITY  OR  SURVEY  PURSUANT  TO
   19  TITLE  XXXI  OF  THE AFFORDABLE CARE ACT (42 U.S.C. 300K) AND ITS IMPLE-
   20  MENTING REGULATIONS FOR INCLUSION IN THE DATA COLLECTION SYSTEM.
   21    B. THE COMMISSIONER IS AUTHORIZED TO CONTRACT WITH ONE OR  MORE  ENTI-
   22  TIES  TO OPERATE ANY PART OF THE HEALTH CARE DISPARITIES DATA COLLECTION
   23  SYSTEM, AND TO ACCEPT GRANTS AND ENTER INTO CONTRACTS AS MAY  BE  NECES-
   24  SARY TO PROVIDE FUNDING FOR SUCH DATA COLLECTION SYSTEM.
   25    8.  THE  DEPARTMENT  SHALL  PRESCRIBE  FORMS OR QUESTIONNAIRES FOR THE
   26  COLLECTION OF DATA FROM DATA PROVIDERS THAT ARE NECESSARY FOR  THE  DATA
   27  COLLECTION  SYSTEM,  ALONG  WITH  APPROPRIATE  INSTRUCTIONS  FOR PERSONS
   28  COMPLETING THE FORM  OR  QUESTIONNAIRE.  NOTWITHSTANDING  THE  PRECEDING
   29  SENTENCE,  THE  DEPARTMENT  SHALL  BE AUTHORIZED TO USE MEANS OTHER THAN
   30  SUCH FORM OR QUESTIONNAIRE IF DATA NEEDED FOR THE DATA COLLECTION SYSTEM
   31  IS OTHERWISE REASONABLY OBTAINABLE BY OTHER MEANS,  INCLUDING  FROM  THE
   32  DEPARTMENT  OF HEALTH AND HUMAN SERVICES PURSUANT TO THE AFFORDABLE CARE
   33  ACT. IN ORDER TO REDUCE THE COSTS  OR  ADMINISTRATIVE  BURDENS  ON  DATA
   34  PROVIDERS,  PATIENTS,  APPLICANTS,  OR OTHER PERSONS, THE DEPARTMENT MAY
   35  ALTERNATIVELY INCLUDE QUESTIONS ELICITING  THE  DATA  MANDATED  BY  THIS
   36  TITLE ON A QUESTIONNAIRE OR FORM DEVELOPED FOR PURPOSES OTHER THAN SPEC-
   37  IFIED IN THIS TITLE.
   38    9.  UNLESS  REQUIRED BY ANY OTHER PROVISION OF LAW, IT SHALL BE VOLUN-
   39  TARY FOR ANY PATIENT, APPLICANT OR ANY OTHER PERSON RECEIVING OR SEEKING
   40  SERVICES FROM A DATA PROVIDER TO PROVIDE INFORMATION IN REGARD TO  THEIR
   41  RACE,  ETHNICITY,  SEX,  PRIMARY  LANGUAGE, DISABILITY STATUS, OR SEXUAL
   42  ORIENTATION, AND NO PATIENT, APPLICANT OR ANY OTHER SUCH PERSON SHALL BE
   43  DENIED SERVICES OR IN ANY WAY DISCRIMINATED AGAINST IN  THE  RECEIPT  OF
   44  SERVICES  FOR  FAILURE TO ANSWER ANY SUCH QUESTION. THE DEPARTMENT SHALL
   45  INCLUDE A STATEMENT EXPLAINING THAT THE INFORMATION REQUESTED IS  VOLUN-
   46  TARY IN ALL QUESTIONNAIRES OR FORMS PROVIDED FOR IN SUBDIVISION EIGHT OF
   47  THIS SECTION.
   48    10.  IN  ADMINISTERING  THIS TITLE, THE DEPARTMENT SHALL SEEK TO AVOID
   49  DUPLICATIVE REQUIREMENTS ON DATA PROVIDERS, STATE  AGENCIES,  AND  STATE
   50  ENTITIES,  SO  LONG  AS THE METHODOLOGY SELECTED MEETS THE GOALS OF THIS
   51  TITLE.
   52    11. STAKEHOLDERS SELECTED BY THE COMMISSIONER, INCLUDING  HEALTH  CARE
   53  CONSUMER  ORGANIZATIONS,  ORGANIZATIONS THAT REPRESENT RACIAL AND ETHNIC
   54  MINORITIES, WOMEN, THOSE WHOSE FIRST LANGUAGE  IS  NOT  ENGLISH,  PEOPLE
   55  WITH  DISABILITIES,  AND  GAY AND LESBIAN DATA PROVIDERS, AS WELL AS THE
   56  SUPERINTENDENT OF FINANCIAL SERVICES, SHALL BE PROVIDED WITH THE  OPPOR-
       A. 2922                             6

    1  TUNITY TO REVIEW AND COMMENT ON THE METHODOLOGY USED TO COMPLY WITH THIS
    2  TITLE,  INCLUDING  COLLECTION METHODS, ANALYSIS, FORMATTING, AND METHODS
    3  AND MEANS FOR RELEASE AND DISSEMINATION. SUCH OPPORTUNITY TO REVIEW  AND
    4  COMMENT  SHALL  INCLUDE,  BUT  NOT  BE  LIMITED  TO, WHETHER THE DATA IS
    5  FORMATTED IN A MANNER SO AS TO ENABLE CONSUMERS TO MAKE INFORMED CHOICES
    6  OF HEALTH INSURERS AND ARTICLE TWENTY-EIGHT FACILITIES AND THE USABILITY
    7  OF THE WEBSITE UNDER SECTION TWO HUNDRED FORTY-EIGHT OF THIS TITLE.  THE
    8  OPPORTUNITY FOR REVIEW AND COMMENT SHALL INCLUDE AT LEAST ONE MEETING OF
    9  SUCH STAKEHOLDERS PRIOR TO THE DEVELOPMENT OF THE REGULATIONS PROMULGAT-
   10  ED  PURSUANT TO THIS TITLE, AND AT LEAST ONE MEETING ANNUALLY THEREAFTER
   11  SO THAT MODIFICATIONS TO THE DATA COLLECTION SYSTEM MAY BE CONSIDERED BY
   12  THE DEPARTMENT. THE DEPARTMENT SHALL REPORT THE RESULTS OF  SUCH  REVIEW
   13  AND COMMENT PROCESS TO THE SUPERINTENDENT OF FINANCIAL SERVICES.
   14    S 248. DISSEMINATION OF HEALTH CARE DISPARITIES DATA TO THE PUBLIC. 1.
   15  AS  EARLY AS PRACTICABLE AFTER THE RECEIPT BY THE DEPARTMENT OF ANY DATA
   16  WHICH IS A COMPONENT OF THE DATA COLLECTION SYSTEM AND IN NO CASE LONGER
   17  THAN NINETY DAYS AFTER RECEIPT, THE DEPARTMENT SHALL POST SUCH DATA ON A
   18  WEBSITE MAINTAINED BY THE DEPARTMENT WHICH IS EASILY ACCESSIBLE  TO  THE
   19  PUBLIC  AND DOWNLOADABLE USING A SPREADSHEET PROGRAM USED BY SUBSTANTIAL
   20  NUMBERS OF THE GENERAL PUBLIC THAT  PERMITS  MANIPULATION  OF  THE  DATA
   21  AFTER  DOWNLOADING.  THE  DEPARTMENT  SHALL  ENSURE  THAT  THE  DATA  IS
   22  DISPLAYED IN A CLEAR FORMAT WHICH IS EASILY  UNDERSTANDABLE,  AND  WHICH
   23  FACILITATES CONSUMER COMPARISON IN SUCH A MANNER SO AS TO ENABLE CONSUM-
   24  ERS  TO MAKE INFORMED CHOICES OF HEALTH INSURERS OR ARTICLE TWENTY-EIGHT
   25  FACILITIES.  THE  WEBSITE  SHALL  ALSO  INCLUDE  EASILY   UNDERSTANDABLE
   26  INSTRUCTIONS  ON  HOW  TO  ACCESS  THE DATA, AND A GLOSSARY OF THE TERMS
   27  USED. THE DATA SHALL BE MADE AVAILABLE TO THE PUBLIC ON THE  WEBSITE  AT
   28  NO CHARGE.
   29    2. A. THE DEPARTMENT SHALL COMPILE THE DATA COLLECTED UNDER THIS TITLE
   30  AND  POST IT ON THE WEBSITE ON A STATEWIDE BASIS AND ALSO IN A FORM THAT
   31  IS DISAGGREGATED BY GROUP FACTORS.  IN  ADDITION,  SUCH  DATA  COLLECTED
   32  SHALL  BE  FURTHER  DISAGGREGATED  ON  A  COUNTY  AND AN INDUSTRY BASIS,
   33  PROVIDED THAT FOR ANY CITY WITH A POPULATION OF ONE MILLION RESIDENTS OR
   34  MORE, SUCH DATA SHALL ALSO BE FURTHER DISAGGREGATED ON A CITYWIDE BASIS.
   35  THE DEPARTMENT SHALL CONSIDER THE FEASIBILITY OF INCLUDING OTHER METHODS
   36  OF PRESENTING THE DATA OTHER THAN THAT AS MANDATED IN  THIS  TITLE  THAT
   37  MIGHT PROMOTE THE GOALS OF THIS TITLE OF HELPING CONSUMERS MAKE INFORMED
   38  HEALTH CARE CHOICES AND STATE POLICYMAKERS IN ADDRESSING DISPARITIES.
   39    B. FOR THE PURPOSES OF PARAGRAPH A OF THIS SUBDIVISION:
   40    I. TO "COMPILE THE DATA COLLECTED" MEANS TO CALCULATE THE TOTAL NUMBER
   41  OF  PATIENTS,  SUBSCRIBERS,  APPLICANTS  OR  OTHER  PERSONS RECEIVING OR
   42  APPLYING FOR SERVICES, AS APPLICABLE, AND THE PERCENTAGE  OF  THE  TOTAL
   43  FOR EACH DATA ELEMENT;
   44    II.  TO  DISAGGREGATE  BY "GROUP FACTORS" MEANS BY RACE AND ETHNICITY,
   45  SEX, PRIMARY LANGUAGE, DISABILITY STATUS, AND SEXUAL ORIENTATION; AND
   46    III. TO DISAGGREGATE BY "INDUSTRY" MEANS TO DISAGGREGATE THE DATA INTO
   47  AT LEAST THE FOLLOWING CATEGORIES: GENERAL HOSPITALS, NURSING HOMES  AND
   48  RESIDENTIAL  CARE FACILITIES IN THE CASE OF ARTICLE TWENTY-EIGHT FACILI-
   49  TIES, AND COMMERCIAL INSURERS,  HEALTH  MAINTENANCE  ORGANIZATIONS,  AND
   50  PUBLIC INSURANCE PROGRAMS IN THE CASE OF HEALTH INSURERS. IN THE CASE OF
   51  PUBLIC  INSURANCE  PROGRAMS, THE DATA SHALL ALSO BE BROKEN DOWN FURTHER,
   52  INTO THE FOLLOWING CATEGORIES: ALL APPROVED  ORGANIZATIONS  PURSUANT  TO
   53  TITLE  ONE-A OF ARTICLE TWENTY-FIVE OF THIS CHAPTER, ALL APPROVED ORGAN-
   54  IZATIONS PURSUANT TO SECTION THREE HUNDRED SIXTY-NINE-EE OF  THE  SOCIAL
   55  SERVICES  LAW,  ALL  PARTICIPANTS IN THE PROGRAM CREATED BY SECTION FOUR
   56  THOUSAND THREE HUNDRED TWENTY-SIX OF THE INSURANCE LAW, AND ALL DATA  IN
       A. 2922                             7

    1  REGARD  TO  PROVIDING  MEDICAL  ASSISTANCE FOR NEEDY PERSONS PURSUANT TO
    2  TITLE ELEVEN OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW.
    3    3.  NOTWITHSTANDING  ANY  OTHER PROVISION OF STATE OR FEDERAL LAW, THE
    4  DEPARTMENT SHALL RESTRICT DISSEMINATION OF  ANY  DATA  SUBJECT  TO  THIS
    5  TITLE  IF  SUCH DISSEMINATION WOULD REVEAL ANY DATA AS TO ANY INDIVIDUAL
    6  CONSUMER, INCLUDING BUT NOT LIMITED TO HIS OR HER RACE AND/OR ETHNICITY,
    7  PRIMARY LANGUAGE, DISABILITY STATUS, OR SEXUAL ORIENTATION.
    8    4. FOR ALL DATA COMPILED BY THE DEPARTMENT  PURSUANT  TO  SECTION  TWO
    9  HUNDRED  FORTY-SEVEN  OF  THIS  TITLE  OR  DISSEMINATED PURSUANT TO THIS
   10  SECTION, DATA IN REGARD TO THE ASIAN RACIAL CATEGORY SHALL  BE  COMPILED
   11  AND  DISSEMINATED  AS  TO  ALL ASIANS, AND ALSO FOR THE SUBCATEGORIES OF
   12  ASIANS  PROVIDED  FOR  IN  SUBDIVISION  SEVEN  OF  SECTION  TWO  HUNDRED
   13  FORTY-SIX  OF  THIS  TITLE.  HISPANICS  SHALL BE LISTED BOTH UNDER THEIR
   14  RACE, AND SEPARATE DATA SHALL BE COMPILED AND DISSEMINATED FOR HISPANICS
   15  OF ALL RACES.
   16    S 249. ENFORCEMENT. IN ADDITION TO THE  PENALTIES  OTHERWISE  PROVIDED
   17  UNDER  THIS CHAPTER, ANY VIOLATION OF THIS TITLE BY AN AUTHORIZED INSUR-
   18  ER, REPRESENTATIVE OF  THE  INSURER,  OR  ANY  OTHER  PERSON  OR  ENTITY
   19  LICENSED, CERTIFIED, REGISTERED, OR AUTHORIZED PURSUANT TO THE INSURANCE
   20  LAW,  THE  SUPERINTENDENT  OF  FINANCIAL SERVICES SHALL BE AUTHORIZED TO
   21  SEEK THE REMEDIES PROVIDED IN SECTION ONE HUNDRED NINE OF THE  INSURANCE
   22  LAW.    NOTHING  IN  THIS TITLE SHALL IN ANY WAY CONTRAVENE OR LIMIT THE
   23  RIGHTS OR REMEDIES THAT ARE OTHERWISE AVAILABLE TO A STATE AGENCY  OR  A
   24  CONSUMER UNDER ANY OTHER PROVISION OF LAW.
   25    S  5. This act shall take effect three months after the effective date
   26  of regulations implementing Title XXXI of  the  patient  protection  and
   27  affordable  care  act  (42  U.S.C.  300k)  or July 1, 2015, whichever is
   28  later; provided,  however  that  effective  immediately,  the  addition,
   29  amendment  and/or  repeal  of  any  rule or regulation necessary for the
   30  implementation of this act on its  effective  date  are  authorized  and
   31  directed  to be made and completed on or before such effective date, and
   32  provided further, that any state agency may gather information  or  take
   33  any  other  action  necessary  for the implementation of this act on its
   34  effective date; provided, further, however,  that  the  commissioner  of
   35  health  shall  notify  the legislative bill drafting commission upon the
   36  occurrence of the issuance of the regulations implementing Title XXXI of
   37  the patient protection and affordable care act in order that the commis-
   38  sion may maintain an accurate and timely  effective  data  base  of  the
   39  official  text  of  the  laws of the state of New York in furtherance of
   40  effectuating the provisions of section 44 of  the  legislative  law  and
   41  section 70-b of the public officers law.
Go to top
Page display time = 0.1518 sec