BILL NUMBER: S7684
SPONSOR: MAYER
 
TITLE OF BILL:
An act to amend the public health law, in relation to the New York state
medical indemnity fund account payments; and to amend chapter 517 of the
laws of 2016, amending the public health law relating to payments from
the New York state medical indemnity fund, in relation to the effective-
ness thereof; and providing for the repeal of certain provisions of the
public health law upon the expiration thereof
 
SUMMARY OF PROVISIONS:
Section 1 of the bill guarantees that current qualified beneficiaries of
the medical indemnity fund will be authorized to receive payments. The
comptroller is empowered to make payments to qualified recipients even
if the total expenditure for the year exceeds the appropriation authori-
ty. The comptroller is further empowered to transfer from the State
treasury enough funds to support continued enrollment each fiscal year
until March 31, 2027.
Section 2 removes the 2025 sunset date from the rates set forth in 2017
and guarantees those rates for qualified MIF enrollees.
Section 3 sets forth the effective date
 
JUSTIFICATION:
The New York State Medical Indemnity Fund ("MI F") was a Medicaid Rede-
sign Team Initiative enacted in 2011, to provide a funding source for
future health care costs for infants who sustained birth-related neuro-
logical injuries, in order to reduce medical malpractice premium costs.
MIF Enrollees are plaintiffs in medical malpractice actions who have
received either court-approved settlements or judgments deeming the
plaintiffs' neurological impairments to be birth-related. Participation
in the MIF is mandatory.
In 2016, MIF statute was amended to address several issues related to
MIF administration and improve access to care, including increasing
reimbursement rates that were inadequate for certain health care
services and stipulating that the MIF should pay qualifying health care
costs that have an ancillary benefit to other members of the household.
Children who have sustained birth-related neurological injuries due to
malpractice should have necessary health care services paid for by the
MIF, particularly since they are required to participate in the fund.
The provisions of this bill will help keep the MIF open to new recipi-
ents until March 31, 2026 and guarantee that the State will make
payments to recipients at current rates.
 
LEGISLATIVE HISTORY:
A.10425, referred to health / Same as S.9694, referred to health.
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately and be deemed force and effect on
April 1, 2025; provided however, subdivision 6 of section 2999-i of the
public health one of this act, shall expire and be deemed repealed to
have been in full paragraph (e) of law, as added by section on March 31,
2027.

Statutes affected:
S7684: 2999-i public health law, 2999-i(6) public health law