assembly Bill A9933

2009-2010 Legislative Session

Relates to referrals of patients for health related items or services

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Assembly


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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 26, 2010 referred to health
delivered to senate
passed assembly
Apr 15, 2010 advanced to third reading cal.785
Apr 13, 2010 reported
Feb 12, 2010 referred to health

A9933 - Details

See Senate Version of this Bill:
S6955
Law Section:
Public Health Law
Laws Affected:
Amd §238-a, Pub Health L

A9933 - Summary

Relates to referrals of patients for health related items or services.

A9933 - Sponsor Memo

A9933 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9933

                          I N  A S S E M B L Y

                            February 12, 2010
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
  Committee on Health

AN ACT to amend the public health  law,  in  relation  to  referrals  of
  patients for health or health related items or services

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (g) of subdivision 2  of  section  238-a  of  the
public  health  law,  as  added  by  chapter 803 of the laws of 1992, is
amended to read as follows:
  (g) [in the case of any other financial relationship which the  public
health  council  determines  and  specifies  in  regulations, subject to
approval by the commissioner, does not pose a substantial risk of  payor
or  patient  abuse  in  relation  to patient benefits consistent, to the
extent practicable, with  financial  relationships  specified  in  regu-
lations  adopted  pursuant  to  federal  law applicable to reimbursement
pursuant to title XVIII of the federal social  security  act  (medicare)
for  clinical  laboratory  services  provided  to beneficiaries of title
XVIII of the federal social security  act  (medicare)]  ANY  ARRANGEMENT
THAT, UNDER THE FEDERAL STATUTORY PROHIBITION ON CERTAIN REFERRALS CODI-
FIED  AT  42 U.S.C. 1395NN AND REGULATIONS PROMULGATED THEREUNDER, WOULD
BE AN ARRANGEMENT BETWEEN A PRACTITIONER (OR  IMMEDIATE  FAMILY  MEMBER)
AND A HEALTH CARE PROVIDER THAT:
  (I) WOULD NOT BE A FINANCIAL RELATIONSHIP IF EXISTING BETWEEN A PHYSI-
CIAN  AND AN ENTITY, AS SUCH TERMS ARE DEFINED UNDER SUCH FEDERAL LAW OR
REGULATIONS; OR
  (II) WOULD SATISFY THE REQUIREMENTS OF AN EXCEPTION RELATING TO FINAN-
CIAL RELATIONSHIPS PROVIDED UNDER SUCH FEDERAL  LAW  OR  REGULATIONS  IF
EXISTING  BETWEEN  A  PHYSICIAN AND AN ENTITY, AS SUCH TERMS ARE DEFINED
UNDER SUCH FEDERAL LAW OR REGULATIONS.
  AN ARRANGEMENT SHALL NOT BE EXCEPTED UNDER THIS PARAGRAPH IF IT  IS  A
PARTICULAR  TYPE OF FINANCIAL RELATIONSHIP THAT WOULD POSE A SUBSTANTIAL
RISK OF PAYOR OR PATIENT ABUSE,  AS  DETERMINED  AND  SPECIFIED  BY  THE
PUBLIC HEALTH COUNCIL IN REGULATIONS, SUBJECT TO APPROVAL BY THE COMMIS-
SIONER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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