Ren §2828 to be §2831, add §2832, Pub Health L; amd §2343, Ins L
Directs the commissioner of health to approve 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6895B
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 courses for eligible physicians, nurses and other emergency.
department staff that covers strategies 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 an approved
course for eligible physicians, nurses and other emergency department
staff that covers risk management strategies for visits by individuals
with a developmental or intellectual 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 courses for eligible
physicians and other emergency department staff that covers risk manage-
ment strategies for visits by individuals with a developmental or intel-
lectual 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.
STATE OF NEW YORK
________________________________________________________________________
6895--B
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 -- recommitted to the Committee on People with Disabilities in
accordance with Assembly Rule 3, sec. 2 -- 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 courses for eligible physicians, nurses and
12 other staff as provided in subdivision four of this section, that covers
13 risk management strategies in emergency department visits for individ-
14 uals with a developmental or intellectual disability as such term is
15 defined in section 1.03 of the mental hygiene law, as described in
16 subdivision two of this section. Such risk management strategies courses
17 shall be subject to such standards as the commissioner, in consultation
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10725-05-4
A. 6895--B 2
1 with the office for people with developmental disabilities, may
2 prescribe by regulation.
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 addressing risks associated with
9 emergency visits by individuals with a developmental or intellectual
10 disability. Course options shall be determined by the commissioner in
11 consultation with the office for people with developmental disabilities.
12 3. Attendance at any course approved by the commissioner pursuant to
13 this section shall be in person.
14 4. Physicians who are board certified, nurses and other staff from an
15 emergency department in a general hospital shall be eligible for a disa-
16 bilities risk management strategies course.
17 5. The commissioner, in consultation with the office for people with
18 developmental disabilities, shall be authorized to prescribe any rules
19 and regulations necessary to implement this section. In prescribing such
20 rules and regulations, the commissioner shall consider the rules and
21 regulations promulgated by the superintendent of financial services
22 pursuant to subsection (e) of section two thousand three hundred forty-
23 three of the insurance law and may consult with the superintendent of
24 financial services.
25 § 2. Subsection (e) of section 2343 of the insurance law, as added by
26 chapter 642 of the laws of 1990, is amended and a new subsection (f) is
27 added to read as follows:
28 (e) The superintendent may approve an appropriate premium reduction
29 for: (1) an insured physician who successfully completes a risk manage-
30 ment course; or (2) an insured physician who successfully completes a
31 course authorized by the commissioner of health pursuant to section
32 twenty-eight hundred thirty-two of the public health law, which must be
33 approved by the superintendent subject to such standards as the super-
34 intendent may prescribe by regulation. In prescribing such regulation
35 the superintendent may consult with the commissioner of health.
36 (f) An insured physician who successfully completes a course author-
37 ized by the commissioner of health under section twenty-eight hundred
38 thirty-two of the public health law shall not, during the period set
39 forth in the superintendent's regulations prescribing standards for the
40 premium reduction, also be eligible for additional premium reduction for
41 an insured physician medical malpractice insurance policy for successful
42 completion of a risk management course approved by the superintendent
43 under part one hundred fifty-two of title eleven of the New York code of
44 rules and regulations.
45 § 3. This act shall take effect one year after it shall have become a
46 law and shall apply to all insurance policies and contracts issued,
47 renewed, modified or altered on and after such effective date. The
48 commissioner of health and the superintendent of financial services are
49 authorized to adopt, amend, suspend or repeal regulations and take other
50 actions necessary for the implementation of this act prior to such
51 effective date; provided, however, that such adoption, amendment,
52 suspension or repeal of regulations shall not have legal effect until
53 this act takes effect.
