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.
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.
