NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8278
SPONSOR: Peoples-Stokes TITLE OF BILL: An act to amend the insurance law and the public
health law, in relation to establishing a health care disparities data
collection system
PURPOSE OR GENERAL IDEA OF BILL: To mandate that the Superintendent
of financial services include data as to the health disparities records
of HMOs in the state consumer guides to health insurance that it
currently produces, using the data collected under the new health care
disparities data collection system created by this legislation.
SUMMARY OF SPECIFIC PROVISIONS: Sections 1 and 2 of the bill amend 55
210 and 4323 of the Insurance Law to mandate that the Superintendent of
Financial Services (i.e., the head of the new state agency that is the
merger of the Insurance and Banking Departments) include data as to the
health disparities records of HMOs in the state in the state consumer
guides to health insurance that it currently produces, using the data
collected under the new health care disparities data collection system
created by this bill.
Section 3 adds a new subdivision (c) to Public Health Law S 206 to clar-
ify that administration and enforcement of the disparities data
collection system is a duty of the New York State Health Commissioner.
Section 245 of new Title 2-G sets forth the legislative intent, noting
that substantial disparities exist as to health care outcomes based on
race and the other factors in the bill. It expresses the legislative
intent that the State Department of Health (SOON} incorporate the
disparities data that will be collected under the federal Patient
Protection and Affordable Care Act and pursuant to other state and
federal laws and regulations into a comprehensive data collection system
administered by SDOH that will disseminate data on health disparities to
the public in an easily accessible form at no charge.
The data collection system operated by SOON will have data sets disag-
gregated by race and ethnicity broken down by the U.S. Census catego-
ries, gender, primary language, disability status, and sexual orien-
tation.
JUSTIFICATION: This bill would create a comprehensive system of
reporting and public dissemination of health care outcomes by race and
ethnicity, gender and other factors, building on the federal Affordable
Care Act (ACA) and existing state efforts. Here in New York, the state
already collects data by race and ethnicity on the records of public
health care plans as to certain measures of quality like child asthma
management and managing diabetes.
Data has consistently shown disparities as to health outcomes based on
race, ethnicity and gender. For example, African American and Hispanic
New Yorkers die prematurely at rates nearly twice that of whites, the
infant mortality rate among African Americans is nearly 2.5 times higher
than that of whites and cardiovascular disease is disproportionately
prevalent among African Americans. Hispanic New Yorkers die from
diabetes at a rate almost 50% higher than whites, and 55% of those dying
from cardiovascular disease in New York City are women.
State policymakers and health advocates need access to data on health
care disparities to develop solutions and to hold health plans and
health care institutions accountable. Clear data will also give policy-
makers guidance in determining which programs are the most effective, so
that scarce state resources are used wisely,
PRIOR LEGISLATIVE HISTORY: NONE
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect 3 months after the effec-
tive date of regulations implementing Title XXXI of the patient
protection and affordable care act (42 U.S.C. 300k) or July 1, 2012
whichever is later.
