BILL NUMBER: S9283
SPONSOR: KRUEGER
 
TITLE OF BILL:
An act to amend the insurance law, in relation to scheduling for certain
providers through the directory
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill would require insurance companies to ensure that provider
availability is up-to-date and accurate, striving towards the elimi-
nation of ghost networks.
 
SUMMARY OF PROVISIONS:
Section 1 amends subparagraph (A) of paragraph 17 of subsection (a) of
section 3217-a of the insurance law to indicate whether a provider is
accepting new patients and to display said provider's nearest available
appointment, which may be done through a system that allows enrollees or
their designees to schedule appointments directly through the directory.
Section 2 provides the effective date.
 
JUSTIFICATION:
New York State law already requires health insurers to maintain provider
directories and indicate whether providers are accepting new patients,
but this standard has proven to be insufficient to ensure real access to
care. In practice, provider directories often operate as static compli-
ance tools rather than reliable ways for patients to obtain appoint-
ments, resulting in widespread "ghost networks" that frustrate consumers
and delay treatment.
Recent evidence highlights the scope of the problem. A 2025 secret-shop-
per survey found that provider directory searches in New York failed to
yield an actual appointment in most cases, even though many available
appointments could be booked through existing real-time scheduling plat-
forms. These findings align with the New York Attorney General's 2023
investigation, which concluded that information concerning most listed
mental health providers was inaccurate or unavailable and that ghost
networks undermine access, worsen disparities, and weaken enforcement of
network adequacy requirements.
The core issue is that the current legal standard considers only whether
a provider is willing to accept new patients, not whether they have
concrete appointment availability. This bill addresses that gap by
requiring provider directories to disclose nearest availability or
enable direct appointment scheduling. By shifting from theoretical
access to actionable access, the bill modernizes provider directories,
strengthens oversight, and ensures that coverage translates into timely
care for New Yorkers.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

Statutes affected:
S9283: 3217-a insurance law, 3217-a(a) insurance law