senate Bill S277

2009-2010 Legislative Session

Requires reimbursement for surgical first assistant services

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to insurance
Jan 07, 2009 referred to insurance

S277 - Bill Details

Current Committee:
Senate Insurance
Law Section:
Insurance Law

S277 - Bill Texts

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BILL NUMBER: S277

TITLE OF BILL :
An act to amend the insurance law, the social services law and the
workers' compensation law, in relation to reimbursement for surgical
first assistant services


PURPOSE :
Provides for coverage for a licensed person qualified by experience
and training who performs surgical first assistant services within his
or her scope of practice in every policy of insurance in instances in
which reimbursement for surgical first assistant services is provided

SUMMARY OF PROVISIONS :
Section 1 amends subsection (i) of section 3216 of the insurance law
to provide for coverage for a licensed person qualified by experience
and training who performs surgical first assistant services within his
or her scope of practice in every policy of insurance in instances in
which reimbursement for surgical first assistant services is provided.

Section 2 amends subsection (k) of section 3221 of the insurance law
to provide for coverage for a licensed person qualified by experience
and training who performs surgical first assistant services within his
or her scope of practice in every policy of insurance in instances in
which reimbursement for surgical first assistant services is provided.

Section 3 amends subparagraphs (G) and (H) of paragraph 4 of
subsection (f) of section 4235 and adds a new subparagraph (I) to
include any surgical first assistant services provided by a licensed
person qualified by experience and training who performs such services
within his or her scope of practice for a licensed person qualified by
experience and training who performs surgical first assistant services
within his or her scope of practice.

Section 4 adds a new subsection (ff) to section 4303 of the insurance
law to require that every contract issued by a health service
corporation or a medical expense indemnity corporation which provides
for reimbursement for surgical first assistant services shall provide
for coverage for a licensed person qualified by experience and
training who performs surgical first assistant services within his or
her scope of practice.

Section 5 amends subdivision 2 of section 365-a of the social services
law by adding a new paragraph (q) to include care and services for
surgical first assistant services for a licensed person qualified by
experience and training who performs surgical first assistant services
within his or her scope of practice.

Section 6 amends subparagraphs (xv) and (xvi) of paragraph (e) of
subdivision 1 of section 369-ee of the social services law and adds a
new subparagraph (xvii) to include surgical first assistant services
performed by a licensed person qualified by experience and training
who performs surgical first assistant services within his or her scope
of practice.

Section 7 amends the opening paragraph of subdivision (a) of section
13 of the workers' compensation law to include all surgical services
covered by this article, including coverage for surgical first
assistant services, shall include care and services furnished in all
covered settings provided by a licensed person qualified by experience
and training who performs surgical first assistant services within his
or her scope of practice.

Section 8 sets the effective date.

JUSTIFICATION :
Registered professional nurses are authorized to diagnose and treat
patients through such services as case-finding, health teaching,
health counseling, and provision of care supportive to or restorative
of life and well-being. The registered nurse first assistant is a
registered professional nurse who provides supportive and restorative
patient care by performing as a first assistant at surgery under the
direction of a licensed physician or legally authorized licensed
health care provider under State Education Law and in accordance with
scope of practice qualifications.

The extraordinary capabilities of those nurses providing such services
and their invaluable contributions to New York's health care delivery
system are a matter of fact. These learned professionals work
predominantly in sensitive pre-operative, intra-operative and
postoperative environments and are a vital liaison between surgeon and
patient. The diminishment of surgical resident availability has
enhanced the need for the registered nurse first assistant to function
as a vital link in the provision of quality patient care.

Typically, first assistant at surgery services are routinely
reimbursed by health insurers for the services of other non physician,
licensed professionals, who, within their scope of practice, perform,
as first assistants at surgery. However, the first assistant at
surgery services provided by the qualified registered nurse are not
routinely reimbursed by insurers.

This bill will rectify that disparity. It will ensure that first
assistant at surgery services, provided by a registered nurse first
assistant, will be routinely reimbursed by insurers. This bill ensures
the equitability of the provision and distribution of reimbursement
for services already designated as reimbursable.

As a matter of fact, this bill describes a cost-effective approach
since the reimbursement for a non-physician, licensed professional who
functions as a first assistant is already established as a cost saving
measure. Additionally, this bill also serves as an incentive for
retention and recruitment of nursing professionals.

LEGISLATIVE HISTORY :
2008: S.5367-A Insurance; A.7894 Insurance

EFFECTIVE DATE :
This act shall take effect on the one hundred and eightieth day after
it shall have become law and shall apply to all policies and contracts
issued, renewed, modified, altered or amended after such a date.
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