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S01911 Summary:

BILL NOS01911C
 
SAME ASSAME AS A08052-B
 
SPONSORRIVERA
 
COSPNSRCLEARE, WEBB
 
MLTSPNSR
 
Amd §4406-d, Pub Health L; amd §4803, Ins L
 
Provides that notices of non-renewal provided by a health care plan to a health care professional shall include an explanation of the reasons for such non-renewal and information for the health care professional to respond to such determination.
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S01911 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1911--C
            Cal. No. 556
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    January 14, 2025
                                       ___________
 
        Introduced  by  Sens.  RIVERA,  CLEARE,  WEBB  -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Health
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee -- recommitted to the  Committee  on
          Health  in accordance with Senate Rule 6, sec. 8 -- reported favorably
          from said committee, ordered to first and second report, ordered to  a
          third  reading,  amended and ordered reprinted, retaining its place in
          the order of third reading -- again  amended  and  ordered  reprinted,
          retaining its place in the order of third reading
 
        AN ACT to amend the public health law and the insurance law, in relation
          to  notices of non-renewal provided to a health care professional by a
          health care plan
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision 3 of section 4406-d of the public health law,
     2  as added by chapter 705 of the laws of  1996,  is  amended  to  read  as
     3  follows:
     4    3.  (a) Either party to a contract may exercise a right of non-renewal
     5  at the expiration of the contract period set forth  therein  or,  for  a
     6  contract  without  a  specific  expiration  date,  on each January first
     7  occurring after the contract has been in effect for at least  one  year,
     8  upon  sixty  days notice to the other party; provided, however, that any
     9  non-renewal shall not constitute a  termination  for  purposes  of  this
    10  section.
    11    (b)  (i)  A  health  care  plan  shall,  in the notice of non-renewal,
    12  provide an explanation of  its  determination.  Such  explanation  shall
    13  specify  the  reason  or reasons for the non-renewal, which may include:
    14  the reimbursement rate paid for health care  services;  the  quality  of
    15  care  provided by the health care professional to enrollees; utilization
    16  rates; credentialing requirements; or clinical  appropriateness  of  the
    17  health care services rendered by the health care professional.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03549-06-6

        S. 1911--C                          2
 
     1    (ii)  The  notice of non-renewal shall provide instructions on how the
     2  health care professional may submit information to the health care  plan
     3  to  respond  to the reason provided in the notice for the non-renewal of
     4  the contract, including instructions on how the health care professional
     5  may  request  reconsideration  of  the  determination by the health care
     6  plan.
     7    § 2. Subsection (c) of section 4803 of the insurance law, as added  by
     8  chapter 705 of the laws of 1996, is amended to read as follows:
     9    (c) (1) Either party to a contract for participation in the in-network
    10  benefits  portion of an insurer's network for a managed care product may
    11  exercise a right of non-renewal at the expiration of the contract period
    12  set forth therein or, for a contract without a specific expiration date,
    13  on each January first occurring after the contract has  been  in  effect
    14  for  at  least  one  year,  upon  sixty  days notice to the other party;
    15  provided, however, that any non-renewal shall not  constitute  a  termi-
    16  nation for purposes of this section.
    17    (2)  (i)  An  insurer  shall, in the notice of non-renewal, provide an
    18  explanation of its determination. Such  explanation  shall  specify  the
    19  reason or reasons for the non-renewal, which may include: the reimburse-
    20  ment rate paid for health care services; the quality of care provided by
    21  the  health  care  professional to enrollees; utilization rates; creden-
    22  tialing requirements; or clinical appropriateness  of  the  health  care
    23  services rendered by the health care professional.
    24    (ii)  The  notice of non-renewal shall provide instructions on how the
    25  health care professional  may  submit  information  to  the  insurer  to
    26  respond  to  the rationale provided in the notice for the non-renewal of
    27  the contract, including instructions on how the health care professional
    28  may request reconsideration of the  determination  by  the  health  care
    29  plan.
    30    §  3.  This  act shall take effect on the ninetieth day after it shall
    31  have become a law.
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