BILL NUMBER:A10416
TITLE OF BILL: An act to amend the insurance law and the public health
law, in relation to prohibiting the disruption of health services by any
third party
PURPOSE OR GENERAL IDEA OF THE BILL: This bill will prohibit the
disruption of care of a patient from a third party.
SUMMARY OF PROVISIONS: This bill amends section 3224-d of the insurance
law and section I2-e of the public health law by adding a new section to
read as follows:
Third party disruption of care prohibited. No third party including but
not limited to any insurance provider, shall cause a disruption in
health services or suggest a disruption in services by requiring any
patient to use a specific health care provider. Patients, guardians of
patients or attorneys of patients shall have the sole and exclusive
right to choose the patient's health care provider. A fine of not more
than one thousand dollars per violation shall be imposed for violation
of this section.
JUSTIFICATION: Many patients have complained of their health services
being disrupted or insurance providers requiring them to change health
care providers. This is especially prevalent in immigrant communities.
This legislation will make this impossible for this to happen with out
S T A T E O F N E W Y O R K
________________________________________________________________________
10416
I N A S S E M B L Y
March 25, 2010
___________
Introduced by M. of A. CASTRO -- read once and referred to the Committee
on Insurance
AN ACT to amend the insurance law and the public health law, in relation
to prohibiting the disruption of health services by any third party
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The insurance law is amended by adding a new section 3224-d
to read as follows:
S 3224-D. THIRD PARTY DISRUPTION OF CARE PROHIBITED. (A) NO THIRD
PARTY, INCLUDING BUT NOT LIMITED TO ANY INSURANCE PROVIDER, SHALL CAUSE
A DISRUPTION IN HEALTH SERVICES OR SUGGEST A DISRUPTION IN SERVICES BY
REQUIRING ANY PATIENT TO USE A SPECIFIC HEALTH CARE PROVIDER. PATIENTS,
GUARDIANS OF PATIENTS OR ATTORNEYS OF PATIENTS SHALL HAVE THE SOLE AND
EXCLUSIVE RIGHT TO CHOOSE THE PATIENT'S HEALTH CARE PROVIDER.
(B) A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS PER VIOLATION SHALL
BE IMPOSED FOR VIOLATIONS OF THIS SECTION.
S 2. The public health law is amended by adding a new section 12-e to
read as follows:
S 12-E. THIRD PARTY DISRUPTION OF CARE PROHIBITED. 1. NO THIRD PARTY,
INCLUDING BUT NOT LIMITED TO ANY INSURANCE PROVIDER, HOSPITAL OR
SCHOOL-APPROVED ORGANIZATION, SHALL CAUSE A DISRUPTION IN HEALTH
SERVICES OR SUGGEST A DISRUPTION IN SERVICES BY REQUIRING ANY PATIENT TO
USE A SPECIFIC HEALTH CARE PROVIDER. PATIENTS, GUARDIANS OF PATIENTS OR
ATTORNEYS OF PATIENTS SHALL HAVE THE SOLE AND EXCLUSIVE RIGHT TO CHOOSE
THE PATIENT'S HEALTH CARE PROVIDER.
2. A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS PER VIOLATION SHALL BE
IMPOSED FOR VIOLATIONS OF THIS SECTION.
S 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16159-03-0
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