BILL NUMBER: S5638
SPONSOR: JACKSON
 
TITLE OF BILL:
An act to amend the financial services law, in relation to preserving
the ability of health care providers to access the independent dispute
resolution process
 
PURPOSE:
The purpose of this bill is to ensure that participants in the New York
State Health Insurance Program continue to have fair and equitable
access to critical emergency care and out-of-network physicians.
 
SUMMARY OF PROVISIONS:
Section 1 amends subsection (c) of Section 603 of the Financial Services
Law to amend the definition of "health care plan" to include any
provision of health benefits under Section 162 of the Civil Service Law.
Section 2 amends Section 604 of the Financial Services Law to change the
definition of subdivision (f) and remove subdivision (g).
Section 3 is the effective date.
 
JUSTIFICATION:
The purpose of this bill is to ensure that participants in the New York
State Health Insurance Program/The Empire Plan are fairly and equitably
treated when critical care needs arise by clarifying that the term
"Health Plan" in the Financial Services Law to include the New York
State Health Insurance Program/The Empire Plan. This bill will restore
the integrity of the New York State Emergency and Surprise Bills Law
through removal of the Qualifying Payment Amount as a factor to consider
in the New York Independent Dispute Resolution process.
 
LEGISLATIVE HISTORY:
New bill.  
STATE AND LOCAL FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S5638: 603 financial services law, 603(c) financial services law, 604 financial services law