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S03472 Summary:

Amd §2995-a, Pub Health L
Provides that health care plan participation by physicians shall be reported, for purposes of physician profiles, by the health care plans; requires physicians to periodically submit information for his or her physician profile within 6 months of his or her triennial re-registration to practice; authorizes physicians to designate a designee to submit his or her information for the physician profile.
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S03472 Actions:

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S03472 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                    IN SENATE
                                    January 31, 2023
        Introduced  by  Sens.  RIVERA,  MANNION,  MAY  -- read twice and ordered
          printed, and when printed to be committed to the Committee on Health
        AN ACT to amend the public health law,  in  relation  to  submission  of
          information to the department of health for physician profiles

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (q) of subdivision 1 of  section  2995-a  of  the
     2  public  health  law,  as  added  by  chapter 542 of the laws of 2000, is
     3  amended to read as follows:
     4    (q) health care plans with which the licensee has  contracts,  employ-
     5  ment, or other affiliation; provided that the reporting of such informa-
     6  tion  shall  not  be  the  responsibility of the physician, but shall be
     7  included and  updated  by  the  department  utilizing  provider  network
     8  participation  information,  or  other  reliable  sources of information
     9  submitted by health care plans.
    10    § 2. Subdivision 4 of section 2995-a of  the  public  health  law,  as
    11  amended  by  section  3  of part A of chapter 57 of the laws of 2015, is
    12  amended to read as follows:
    13    4. Each physician shall periodically report to the department on forms
    14  and in the time and manner required by the commissioner any other infor-
    15  mation as is required by the department for the development of  profiles
    16  under  this  section  which  is  not otherwise reasonably obtainable. In
    17  addition to such periodic reports and providing  the  same  information,
    18  each  physician  shall  update his or her profile information within the
    19  six months prior to the [expiration date of such  physician's  registra-
    20  tion  period] submission of the re-registration application, as a condi-
    21  tion of registration renewal under article one hundred thirty-one of the
    22  education law. Except  for  optional  information  provided,  physicians
    23  shall  notify  the  department  of any change in the profile information
    24  within thirty days of such change.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 3472                             2
     1    § 3. Subdivision 6 of section 2995-a of  the  public  health  law,  as
     2  added by chapter 542 of the laws of 2000, is amended to read as follows:
     3    6.  A  physician  may  elect  to  have his or her profile omit certain
     4  information provided pursuant to paragraphs (l),  (m)[,]  and  (n)  [and
     5  (q)]  of  subdivision one of this section. In collecting information for
     6  such profiles and disseminating the same, the  department  shall  inform
     7  physicians that they may choose not to provide such information required
     8  pursuant  to paragraphs (l), (m)[,] and (n) [and (q)] of subdivision one
     9  of this section.
    10    § 4. Section 2995-a of the public health law is amended  by  adding  a
    11  new subdivision 7-a  to read as follows:
    12    7-a.  For purposes of this section, a physician may authorize a desig-
    13  nee to register, transmit, enter or update information  on  his  or  her
    14  behalf, provided that:
    15    (a)  the  designee  so  authorized is employed by the physician or the
    16  same professional practice or is under contract with such practice;
    17    (b) the physician takes reasonable steps to ensure that such  designee
    18  is sufficiently competent in the profile requirements; and
    19    (c) the physician remains responsible for ensuring the accuracy of the
    20  information  provided  and  for any failure to provide accurate informa-
    21  tion.
    22    The commissioner shall establish in regulation  reasonable  parameters
    23  with  regard to a physician's ability to authorize designees pursuant to
    24  this section, which shall  include  processes  necessary  to  allow  the
    25  department  to:  (i)  grant access to the profile in a reasonably prompt
    26  manner to designees authorized by physicians; (ii) require  that  physi-
    27  cians  notify  the  department upon terminating the authorization of any
    28  designee; and (iii) establish a mechanism  to  prevent  such  terminated
    29  designees  from  accessing  the  profile  in  a reasonably prompt manner
    30  following such notification.
    31    § 5. This act shall take effect on the ninetieth day  after  it  shall
    32  have become a law.
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