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A00733 Summary:

BILL NOA00733A
 
SAME ASSAME AS S01003-A
 
SPONSORRozic
 
COSPNSRReyes, Stirpe, Carroll, Simon, Gonzalez-Rojas, Fahy, Hevesi, Dinowitz, Seawright, Jacobson, Aubry, Wallace, Kelles, Steck, Glick, Rosenthal L, Barrett, Otis, Solages, Gallagher, Ardila, Raga, Epstein, Burgos, Lavine, Cunningham, Bores, Shimsky, Woerner, Santabarbara, Dickens, Simone, Hunter, Levenberg, Burdick, Tapia, Gunther
 
MLTSPNSR
 
Add §2803-bb, amd §2803, Pub Health L; amd §§3217-a & 4324, Ins L
 
Relates to providing information to patients and the public on policy-based exclusions; requires the commissioner of health to collect from each health care facility a list of its policy-based exclusions and publish such information on the department's website.
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A00733 Actions:

BILL NOA00733A
 
01/11/2023referred to health
01/17/2023reported referred to ways and means
01/25/2023amend and recommit to ways and means
01/25/2023print number 733a
05/17/2023reported referred to rules
05/24/2023reported
05/24/2023rules report cal.207
05/24/2023substituted by s1003a
 S01003 AMEND=A HINCHEY
 01/09/2023REFERRED TO HEALTH
 01/17/2023REPORTED AND COMMITTED TO RULES
 01/20/2023AMEND AND RECOMMIT TO RULES
 01/20/2023PRINT NUMBER 1003A
 01/23/2023ORDERED TO THIRD READING CAL.152
 01/24/2023PASSED SENATE
 01/24/2023DELIVERED TO ASSEMBLY
 01/24/2023referred to health
 05/24/2023substituted for a733a
 05/24/2023ordered to third reading rules cal.207
 01/03/2024died in assembly
 01/03/2024returned to senate
 01/03/2024REFERRED TO HEALTH
 01/08/20241ST REPORT CAL.79
 01/09/20242ND REPORT CAL.
 01/16/2024ADVANCED TO THIRD READING
 01/22/2024PASSED SENATE
 01/22/2024DELIVERED TO ASSEMBLY
 01/22/2024referred to ways and means
 01/24/2024substituted for a733a
 01/24/2024ordered to third reading cal.24
 01/24/2024passed assembly
 01/24/2024returned to senate
 01/03/2024ordered to third reading cal.24
 01/24/2024substituted by s1003a
  S01003 AMEND=A HINCHEY
  01/09/2023REFERRED TO HEALTH
  01/17/2023REPORTED AND COMMITTED TO RULES
  01/20/2023AMEND AND RECOMMIT TO RULES
  01/20/2023PRINT NUMBER 1003A
  01/23/2023ORDERED TO THIRD READING CAL.152
  01/24/2023PASSED SENATE
  01/24/2023DELIVERED TO ASSEMBLY
  01/24/2023referred to health
  05/24/2023substituted for a733a
  05/24/2023ordered to third reading rules cal.207
  01/03/2024died in assembly
  01/03/2024returned to senate
  01/03/2024REFERRED TO HEALTH
  01/08/20241ST REPORT CAL.79
  01/09/20242ND REPORT CAL.
  01/16/2024ADVANCED TO THIRD READING
  01/22/2024PASSED SENATE
  01/22/2024DELIVERED TO ASSEMBLY
  01/22/2024referred to ways and means
  01/24/2024substituted for a733a
  01/24/2024ordered to third reading cal.24
  01/24/2024passed assembly
  01/24/2024returned to senate
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A00733 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A733A
 
SPONSOR: Rozic
  TITLE OF BILL: An act to amend the public health law and the insurance law, in relation to providing information to patients and the public on policy-based exclusions   PURPOSE: The purpose of this legislation is to ensure that individuals have access to information about whether the hospital, or hospitals, in their area provides the care they seek prior to admission and to identify health care deserts in regions of the state.   SUMMARY OF PROVISIONS: Section 1 of the legislation includes legislative findings explaining the problem this legislation seeks to address and making clear that some healthcare denials violate existing state and federal law. Section 2 of the legislation requires the Department of Health to collect a list of policy-based exclusions from each healthcare facility; to publish a list of the healthcare facilities that have policy-based exclusions, and the specific policy-based exclusions for each, on its website; to update the website annually; and to ensure that the website is readily understandable to patients, prospective patients, and members of the public. In addition, this section requires the Department of Health to provide to the Senate and Assembly, and publish on its website, every four years a report regarding policy-based exclusions in the state and the impact of such policy-based exclusions on patients' ability to access quality, comprehensive, affordable care near their residences and whether and how access to care varies by community, as well as by race, ethnicity, sexual orientation, gender identity and socioeconomic status, across the state. Finally, this section defines policy-based exclusions. Section 3 of the legislation requires that the statement regarding patients' rights and responsibilities that healthcare facilities are already required to provide to each patient include information about policy-based exclusions, as well as a link to the Department's website. This section also requires healthcare facilities websites to include a link to the Department's website. Sections 4 and 5 of the legislation require that the disclosure each insurer provides to each prospective insured prior to enrollment includes information about policy-based exclusions, as well as a link to the Department's website. Section 6 of the legislation makes clear that nothing in the bill shall be construed to permit or authorize denials of care or discrimination in the provision of health care or health insurance and that compliance with the bill does not reduce or limit any liability for healthcare facilities in connection with policy-based exclusions, including violations of state or federal law. Section 7 of the legislation is a severability clause. Section 8 sets forth the effective date.   JUSTIFICATION: Since 2003, more than 40 community hospitals in New York have closed. As a result, large health care systems now control more than 70 percent of acute hospital beds, and hospital mergers in New York continue apace. Unfortunately, these large hospital systems sometimes remove categories of care from local hospitals, leaving patients in regions of the state without access to particular types of care, including some types of emergency care. Too often, patients do not have the ability to determine whether the Hospitals or healthcare facilities in their area provides the care they seek, because information about how healthcare facilities' restrictions impact options for care is too difficult to obtain. Worse still, denials of care can lead to serious adverse health impacts that jeopardize individuals' lives and wellbeing. And, some denials of care violate state and federal law. It is incumbent on New York to identify whether and where there are health care deserts in the state where particular types of care are unavailable and to understand the impacts of such gaps on communities and individuals statewide. It is equally imperative to give prospective patients the tools they need to determine whether the hospital, or healthcare facilities, in their area provides the care they seek prior to admission. Access to this information is lifesaving it permits patients to make informed decisions about where to seek the health care they need.   LEGISLATIVE YITSTORY: 2022: A6334 (Rozic) - Health 2021: A6334 (Rozic) - Health   FISCAL IMPACT ON STATE: To be determined.   EFFECTIVE DATE: This act shall take effect one year after it shall have become a law. Effective immediately, the addition, amendment, and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
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A00733 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         733--A
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 11, 2023
                                       ___________
 
        Introduced   by   M.   of  A.  ROZIC,  REYES,  STIRPE,  CARROLL,  SIMON,
          GONZALEZ-ROJAS, FAHY, HEVESI, DINOWITZ,  SEAWRIGHT,  JACOBSON,  AUBRY,
          WALLACE,  KELLES,  STECK, GLICK, L. ROSENTHAL, BARRETT, OTIS, SOLAGES,
          GALLAGHER, ARDILA, RAGA -- read once and referred to the Committee  on
          Health  -- reported and referred to the Committee on Ways and Means --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
 
        AN ACT to amend the public health law and the insurance law, in relation
          to  providing  information  to patients and the public on policy-based
          exclusions
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative findings. The legislature finds that since 2003
     2  more than 40 community hospitals in New York state have closed.
     3    The  legislature  additionally  finds  that  as  a  result of hospital
     4  consolidation, large health  care  systems  now  control  more  than  70
     5  percent of acute hospital beds in the state and that these systems some-
     6  times  remove  categories of care from local hospitals, leaving patients
     7  in regions of the state without access  to  particular  types  of  care,
     8  including some types of emergency care.
     9    The legislature further finds that patients do not have the ability to
    10  determine  whether health care facilities in their area provide the care
    11  they seek, because information about how  facility  restrictions  impact
    12  options for care is too difficult to obtain.
    13    The  legislature  also  finds that denials and poor access to care can
    14  lead to serious adverse  health  impacts  that  jeopardize  individuals'
    15  lives  and  wellbeing  and that New York needs to understand health care
    16  gaps and their impact statewide.
    17    Finally, the legislature finds that some denials of care violate state
    18  and federal law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02598-05-3

        A. 733--A                           2
 
     1    § 2. The public health law is amended by adding a new section  2803-bb
     2  to read as follows:
     3    §  2803-bb.  Policy-based exclusions.  1. Definitions. As used in this
     4  section:  (a) "Health care facility" means a general hospital as defined
     5  in subdivision ten of section twenty-eight hundred one of this article.
     6    (b) "Policy-based exclusions" means any criteria, rules, or  policies,
     7  whether  written  or unwritten, formally adopted or drafted, endorsed by
     8  the health care facility or  followed  from  an  external  source,  that
     9  restrict  medical  personnel at that health care facility from providing
    10  types of care that the medical personnel is licensed to provide and that
    11  the health care facility is licensed to provide  or  that  restrict  the
    12  provision  of care to categories of patients on the basis of any charac-
    13  teristic protected under section two hundred ninety-six of the executive
    14  law that the health care facility is licensed to provide.  "Policy-based
    15  exclusions" shall include, but  not  be  limited  to,  objections  under
    16  section  twenty-nine  hundred eighty-four or twenty-nine hundred ninety-
    17  four-n of this chapter.   "Policy-based exclusions"  shall  not  include
    18  restrictions  based  on  lack  of  equipment, available bed space in the
    19  facility, or insurance denial.
    20    2. (a) The commissioner shall collect from each health care facility a
    21  list of its policy-based exclusions on an annual basis.
    22    (b) The commissioner shall  publish  on  the  department's  website  a
    23  current  list  of  all  of  the health care facilities with policy-based
    24  exclusions and the policy-based exclusions for each health care facility
    25  not later than six months after the effective date of this section.  The
    26  commissioner  shall update this list on an annual basis. The commission-
    27  er, in consultation with experts in health care access, patient  advoca-
    28  cy,  types of health care that are frequently inaccessible, and hospital
    29  administration shall promulgate rules and regulations creating standard-
    30  ized language for this list to ensure that it is readily  understandable
    31  to patients, prospective patients, and members of the public.
    32    (c)  Within  one  year of the effective date of this section and every
    33  five years thereafter, the commissioner shall submit  a  report  to  the
    34  temporary  president  of  the  senate  and  the  speaker of the assembly
    35  regarding policy-based exclusions in the state and the  impact  of  such
    36  policy-based  exclusions on patients' ability to access quality, compre-
    37  hensive, affordable care near  their  residences  and  whether  and  how
    38  access to care varies by community, as well as by race, gender, ethnici-
    39  ty,  sexual  orientation,  gender  identity  or  gender  expression, and
    40  socioeconomic status, across the state. The report shall be made public-
    41  ly available on the department's website.
    42    (d) The commissioner shall evaluate and ensure community awareness  of
    43  policy-based  exclusions  and the website required pursuant to paragraph
    44  (b) of this subdivision.
    45    (e) The commissioner may promulgate additional rules  and  regulations
    46  as  may  be necessary and proper to carry out effectively the provisions
    47  of this section.
    48    § 3. Subdivision 1 of section 2803 of the public health law is amended
    49  by adding a new paragraph (m) to read as follows:
    50    (m) The  statement  regarding  patient  rights  and  responsibilities,
    51  required  pursuant to paragraph (g) of this subdivision, shall include a
    52  link to the section of the department's website  required  in  paragraph
    53  (b)  of subdivision two of section twenty-eight hundred three-bb of this
    54  article.  Each health care facility's website shall prominently link  to
    55  the department's website required in paragraph (b) of subdivision two of
    56  section twenty-eight hundred three-bb of this article.  The commissioner

        A. 733--A                           3
 
     1  may  promulgate  rules and regulations as may be necessary and proper to
     2  carry out effectively the provisions of this paragraph.
     3    §  4. Subsection (a) of section 3217-a of the insurance law is amended
     4  by adding a new paragraph 22 to read as follows:
     5    (22)(A) an explanation of policy-based exclusions and  the  fact  that
     6  some health care facilities may have policy-based exclusions, along with
     7  a  link  to  the website required pursuant to subdivision two of section
     8  twenty-eight hundred three-bb of the public health law.
     9    (B) for the purposes  of  this  paragraph,  "policy-based  exclusions"
    10  shall  have the same meaning as in section twenty-eight hundred three-bb
    11  of the public health law.
    12    § 5. Subsection (a) of section 4324 of the insurance law is amended by
    13  adding a new paragraph 23 to read as follows:
    14    (23)(A) an explanation of policy-based exclusions and  the  fact  that
    15  some health care facilities may have policy-based exclusions, along with
    16  a  link  to  the website required pursuant to subdivision two of section
    17  twenty-eight hundred three-bb of the public health law.
    18    (B) for the purposes  of  this  paragraph,  "policy-based  exclusions"
    19  shall  have the same meaning as in section twenty-eight hundred three-bb
    20  of the public health law.
    21    § 6. Nothing in this act shall be construed  to  permit  or  authorize
    22  denials  of  care  or  discrimination in the provision of health care or
    23  health insurance. Compliance with this act does not reduce or limit  any
    24  liability  for  health  care  facilities in connection with policy-based
    25  exclusions, including violations of state or federal law.
    26    § 7. Severability clause.  If any provision of this act, or any appli-
    27  cation of any provision of this act, is held to be invalid, or ruled  to
    28  violate  or  be  inconsistent  with  any applicable federal law or regu-
    29  lation, that shall not affect the validity or effectiveness of any other
    30  provision of this act, or of any other application of any  provision  of
    31  this  act.    It  is hereby declared to be the intent of the legislature
    32  that this act would have been enacted even if  such  invalid  provisions
    33  had not been included herein.
    34    §  8. This act shall take effect one year after it shall have become a
    35  law. Effective immediately, the addition, amendment and/or repeal of any
    36  rule or regulation necessary for the implementation of this act  on  its
    37  effective date are authorized to be made and completed on or before such
    38  effective date.
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