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A06895 Summary:

BILL NOA06895A
 
SAME ASSAME AS S06351-A
 
SPONSORSeawright
 
COSPNSR
 
MLTSPNSR
 
Ren 2828 to be 2831, add 2832, Pub Health L; amd 2343, Ins L
 
Directs the commissioner of health to approve professional education courses for eligible physicians, nurses and other staff that covers risk management strategies in emergency department visits for individuals with a developmental or intellectual disability; provides a premium reduction for physicians who complete such risk management strategies course.
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A06895 Actions:

BILL NOA06895A
 
05/08/2023referred to people with disabilities
06/02/2023amend (t) and recommit to people with disabilities
06/02/2023print number 6895a
01/03/2024referred to people with disabilities
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A06895 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6895A
 
SPONSOR: Seawright
  TITLE OF BILL: An act to amend the public health law and the insurance law, in relation to a premium reduction for physicians who complete a risk management strategies course relating to emergency department visits for individ- uals with a developmental or intellectual disability   PURPOSE: The purpose of this bill is to require the Commissioner of Health to approve professional education courses for eligible physicians, nurses and other emergency. department staff that covers risk management strat- egies for visits by individuals with a developmental or intellectual disability.   SUMMARY OF PROVISIONS: Section 1 of this bill would amend new section 2832, which would: * require the Commissioner the Public Health Law by adding a approve professional of Health to education courses for eligible physicians, nurses and other emergency department staff that covers risk management strategies for visits by individuals with a developmental or intellectu- al disability; * require that the risk management courses shall promote evidence-based clinical guidelines and patient safety protocols; * specify that attendance for each course may be in person; * establish eligibility for a disabilities risk management strategies course; and * authorize the Commissioner of Health to prescribe any rules and regu- lations. Section 2 of this bill would amend subsection (e) of section 2343 of the Insurance Law by authorizing the superintendent to approve an appropri- ate premium reduction for an insured physician, nurse or other emergency department staff who successfully completes a risk management course authorized by the Commissioner of Health. Section 3 of this bill provides that the effective date shall take effect one year after it shall have become a law and shall apply to all insurance policies and contracts issued, renewed, modified or altered on and after such effective date. The commissioner of health and the super- intendent of financial services are authorized and directed to adopt, amend, suspend or repeal regulations and take other actions-necessary for the implementation of this act prior to such effective date; provided, however, that such adoption, amendment, suspension or repeal of regulations shall not have legal effect until this act takes effect.   JUSTIFICATION: Every year, thousands of individuals with disabilities go to.the emer- gency room suffering from a medical emergency. Currently, Emergency Room (ER) staff members do not have the option to take a training program designed to teach them how to care for individuals with disabilities. The lack of access to information regarding disabilities care has resulted in inadequate treatment of patients with disabilities. Individuals with disabilities are more likely to visit the ER or an urgent care center. Individuals with a disability are also more likely to return to the emergency department multiple times in one year. According to the CDC, disability-related healthcare expenses in the State total at over $71 billion, which accounts for around 39% of healthcare spending from State residents. Individuals with a disability often have to dedicate a sizable amount of their income to healthcare- related expenses, including emergency room visits, throughout life. Additional training. would contribute to enhanced outcomes for disabled patients presenting at the emergency department by promoting expanded education of ER staff regarding disabilities care. This bill would require the Commissioner of Health to approve professional education courses for eligible physicians and other emergency department staff that covers risk management strategies for visits by individuals with a developmental or intellectual disability.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect one year after it shall have become a law and shall apply to all insurance policies and contracts issued, renewed, modified or altered on and after such effective date. The commissioner of health and the superintendent of financial services are authorized and directed to adopt, amend, suspend or repeal regulations and take other actions necessary for the implementation of this act prior to such effective date; provided, however, that such adoption, amendment, suspension or repeal of regulations shall not have legal effect until this act takes effect.
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A06895 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6895--A
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 8, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
          Committee on People with Disabilities --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        AN ACT to amend the public health law and the insurance law, in relation
          to a premium reduction for physicians who complete a  risk  management
          strategies course relating to emergency department visits for individ-
          uals with a developmental or intellectual disability
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 2828 of the public health law, as added by  chapter
     2  689  of  the  laws of 2021, is renumbered section 2831 and a new section
     3  2832 is added to read as follows:
     4    § 2832. Individuals with disabilities training strategies. 1. In order
     5  to improve patient safety and outcomes, minimize health inequity,  build
     6  the capacity of staff to understand the needs of individuals with intel-
     7  lectual and developmental disabilities and to promote informed consulta-
     8  tion  by  patients  with their physicians, nurses and other staff during
     9  visits to an emergency department in a general hospital, the commission-
    10  er, in consultation with the office for people with developmental  disa-
    11  bilities,  shall  approve  professional  education  courses for eligible
    12  physicians, nurses and other staff as provided in  subdivision  four  of
    13  this  section,  that  covers  risk  management  strategies  in emergency
    14  department visits for individuals with a developmental  or  intellectual
    15  disability as such term is defined in section 1.03 of the mental hygiene
    16  law,  as described in subdivision two of this section. Such risk manage-
    17  ment strategies courses shall  be  subject  to  such  standards  as  the
    18  commissioner,  in  consultation with the office for people with develop-
    19  mental disabilities, may prescribe by regulation. An eligible physician,
    20  nurse or other staff who successfully  completes  such  risk  management
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10725-04-3

        A. 6895--A                          2
 
     1  strategies  course  pursuant  to  this  section shall receive continuing
     2  medical education credit and a certificate of completion.
     3    2.  Courses  on  risk management strategies during emergency visits by
     4  those with a developmental  or  intellectual  disability  shall  promote
     5  evidence-based clinical guidelines and patient safety protocols, with an
     6  emphasis on perspectives from those with a developmental or intellectual
     7  disability. Options for courses should be appropriate for the respective
     8  profession  and  may  include information and education addressing risks
     9  associated with emergency visits by individuals with a developmental  or
    10  intellectual  disability.  Course  options  shall  be  determined by the
    11  commissioner in consultation with the office for  people  with  develop-
    12  mental disabilities.
    13    3.  Attendance  at any course approved by the commissioner pursuant to
    14  this section shall be in person.
    15    4. Physicians who are board certified, nurses and other staff from  an
    16  emergency department in a general hospital shall be eligible for a disa-
    17  bilities risk management strategies course.
    18    5.  The  commissioner, in consultation with the office for people with
    19  developmental disabilities, shall be authorized to prescribe  any  rules
    20  and regulations necessary to implement this section. In prescribing such
    21  rules  and  regulations,  the  commissioner shall consider the rules and
    22  regulations promulgated by  the  superintendent  of  financial  services
    23  pursuant  to subsection (e) of section two thousand three hundred forty-
    24  three of the insurance law and may consult with  the  superintendent  of
    25  financial services.
    26    §  2. Subsection (e) of section 2343 of the insurance law, as added by
    27  chapter 642 of the laws of 1990, is amended and a new subsection (f)  is
    28  added to read as follows:
    29    (e)  The  superintendent  may approve an appropriate premium reduction
    30  for: (1) an insured physician who successfully completes a risk  manage-
    31  ment  course;  or  (2) an insured physician who successfully completes a
    32  course authorized by the commissioner  of  health  pursuant  to  section
    33  twenty-eight  hundred thirty-two of the public health law, which must be
    34  approved by the superintendent subject to such standards as  the  super-
    35  intendent  may  prescribe  by regulation. In prescribing such regulation
    36  the superintendent may consult with the commissioner of health.
    37    (f) An insured physician who successfully completes a  course  author-
    38  ized  by  the  commissioner of health under section twenty-eight hundred
    39  thirty-two of the public health law shall not,  during  the  period  set
    40  forth  in the superintendent's regulations prescribing standards for the
    41  premium reduction, also be eligible for additional premium reduction for
    42  an insured physician medical malpractice insurance policy for successful
    43  completion of a risk management course approved  by  the  superintendent
    44  under part one hundred fifty-two of title eleven of the New York code of
    45  rules and regulations.
    46    §  3. This act shall take effect one year after it shall have become a
    47  law and shall apply to all  insurance  policies  and  contracts  issued,
    48  renewed,  modified  or  altered  on  and  after such effective date. The
    49  commissioner of health and the superintendent of financial services  are
    50  authorized to adopt, amend, suspend or repeal regulations and take other
    51  actions  necessary  for  the  implementation  of  this act prior to such
    52  effective  date;  provided,  however,  that  such  adoption,  amendment,
    53  suspension  or  repeal  of regulations shall not have legal effect until
    54  this act takes effect.
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