NY State Senate Bill 2009-S277

Archive: Last Bill Status - In Senate Committee Insurance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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

2009-S277 (ACTIVE) - Details

Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221, 4235 & 4303, Ins L; amd §§365-a & 369-ee, Soc Serv L; amd §13, Work Comp L

2009-S277 (ACTIVE) - Summary

Requires reimbursement for surgical first assistant services.

2009-S277 (ACTIVE) - Sponsor Memo

                                 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.

2009-S277 (ACTIVE) - Bill Text download pdf

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

                                   277

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Insurance

AN ACT to amend the insurance law, the social services law and the work-
  ers' compensation law, in relation to reimbursement for surgical first
  assistant services

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

  Section  1.  Subsection  (i)  of  section 3216 of the insurance law is
amended by adding a new paragraph 26 to read as follows:
  (26) EVERY POLICY ISSUED PURSUANT TO THIS SECTION WHICH  PROVIDES  FOR
REIMBURSEMENT  FOR  SURGICAL FIRST ASSISTANT SERVICES SHALL PROVIDE SUCH
COVERAGE FOR A LICENSED PERSON QUALIFIED BY EXPERIENCE AND TRAINING  WHO
PERFORMS  SURGICAL  FIRST  ASSISTANT SERVICES WITHIN HIS OR HER SCOPE OF
PRACTICE.
  S 2. Subsection (k) of section 3221 of the insurance law is amended by
adding a new paragraph 15 to read as follows:
  (15) EVERY POLICY ISSUED PURSUANT TO THIS SECTION WHICH  PROVIDES  FOR
REIMBURSEMENT  FOR  SURGICAL FIRST ASSISTANT SERVICES SHALL PROVIDE SUCH
COVERAGE FOR A LICENSED PERSON QUALIFIED BY EXPERIENCE AND TRAINING  WHO
PERFORMS  SURGICAL  FIRST  ASSISTANT SERVICES WITHIN HIS OR HER SCOPE OF
PRACTICE.
  S 3. Subparagraphs (G) and (H) of paragraph 4  of  subsection  (f)  of
section  4235  of the insurance law, as relettered by chapter 456 of the
laws of 1993, are amended and a new subparagraph (I) is added to read as
follows:
  (G) psychiatric or psychological services or  for  the  diagnosis  and
treatment of mental, nervous, or emotional disorders or ailments, howev-
er defined in such policy, a subscriber to such policy shall be entitled
to reimbursement for such psychiatric or psychological services or diag-
nosis  or  treatment whether performed by a physician, psychiatrist or a

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

                                                           LBD00432-01-9

S. 277                              2

certified and registered psychologist when  the  services  rendered  are
within  the  lawful scope of their practice, and when such policy or any
certificate issued thereunder is delivered or issued for delivery  with-
out  this  state  by  an authorized insurer, covered persons residing in
this state shall be entitled to reimbursement  for  such  diagnosis  and
treatment  by  a  physician,  psychiatrist or a certified and registered
psychologist as hereinabove provided; [and]
  (H) any service which is within the lawful  scope  of  practice  of  a
licensed  chiropractor, a subscriber to such policy shall be entitled to
reimbursement for such service when  such  service  is  performed  by  a
licensed chiropractor[.]; AND
  (I)  ANY  SURGICAL  FIRST  ASSISTANT  SERVICES  PROVIDED BY A LICENSED
PERSON QUALIFIED BY EXPERIENCE AND TRAINING WHO PERFORMS SURGICAL  FIRST
ASSISTANT SERVICES WITHIN HIS OR HER SCOPE OF PRACTICE.
  S  4.  Section  4303  of  the insurance law is amended by adding a new
subsection (ff) to read as follows:
  (FF) 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 SUCH COVERAGE FOR  A
LICENSED PERSON QUALIFIED BY EXPERIENCE AND TRAINING WHO PERFORMS SURGI-
CAL FIRST ASSISTANT SERVICES WITHIN HIS OR HER SCOPE OF PRACTICE.
  S  5.  Subdivision  2  of  section 365-a of the social services law is
amended by adding a new paragraph (s) to read as follows:
  (S) CARE AND SERVICES FOR SURGICAL  FIRST  ASSISTANT  SERVICES  FOR  A
LICENSED PERSON QUALIFIED BY EXPERIENCE AND TRAINING WHO PERFORMS SURGI-
CAL FIRST ASSISTANT SERVICES WITHIN HIS OR HER SCOPE OF PRACTICE.
  S 6. Subparagraphs (xv) and (xvi) of paragraph (e) of subdivision 1 of
section  369-ee of the social services law, subparagraph (xv) as amended
and subparagraph (xvi) as added by chapter 526 of the laws of 2002,  are
amended and a new subparagraph (xvii) is added to read as follows:
  (xv) services provided to meet the requirements of 42 U.S.C. 1396d(r);
[and]
  (xvi) hospice services[.]; AND
  (XVII)  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.
  S  7.  The  opening  paragraph of subdivision (a) of section 13 of the
workers' compensation law, as amended by chapter 6 of the laws of  2007,
is amended to read as follows:
  The  employer  shall  promptly  provide  for  an injured employee such
medical, dental, surgical, optometric or other attendance or  treatment,
nurse  and  hospital  service,  medicine, optometric services, crutches,
eye-glasses,  false  teeth,  artificial  eyes,   orthotics,   prosthetic
devices,  functional  assistive  and  adaptive devices and apparatus for
such period as the nature of the injury or the process of  recovery  may
require. The employer shall be liable for the payment of the expenses of
medical,  dental, surgical, optometric or other attendance or treatment,
nurse and hospital service,  medicine,  optometric  services,  crutches,
eye-glasses,   false   teeth,  artificial  eyes,  orthotics,  prosthetic
devices, functional assistive and adaptive  devices  and  apparatus,  as
well  as  artificial  members of the body or other devices or appliances
necessary in the first instance to replace, support or relieve a portion
or part of the body resulting from and necessitated by the injury of  an
employee,  for such period as the nature of the injury or the process of
recovery may require, and the employer shall also be liable for replace-
ments or repairs of such artificial members of the body  or  such  other

S. 277                              3

devices, eye-glasses, false teeth, artificial eyes, orthotics, prosthet-
ic  devices,  functional  assistive  and  adaptive devices or appliances
necessitated by ordinary wear or loss or damage to a prosthesis, with or
without bodily injury to the employee. Damage to or loss of a prosthetic
device  shall  be  deemed  an  injury except that no disability benefits
shall be payable with respect to such injury under  section  fifteen  of
this  article. Such a replacement or repair of artificial members of the
body or such other devices, eye-glasses, false teeth,  artificial  eyes,
orthotics, prosthetic devices, functional assistive and adaptive devices
or  appliances or the providing of medical treatment and care as defined
herein shall not constitute the payment of  compensation  under  section
twenty-five-a  of  this article.   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.
All  fees  and  other  charges  for such treatment and services shall be
limited to such charges as prevail in the  same  community  for  similar
treatment of injured persons of a like standard of living.
  S 8. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall apply to all policies and contracts
issued, renewed, modified, altered or amended on or after such effective
date.

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Senate Bill S277

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Archive: Last Bill Status - In Senate Committee Insurance Committee

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2009-S277 (ACTIVE) - Details

2009-S277 (ACTIVE) - Summary

2009-S277 (ACTIVE) - Sponsor Memo

2009-S277 (ACTIVE) - Bill Text download pdf

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Sponsored By

Betty Little

Archive: Last Bill Status - In Senate Committee Insurance Committee

Actions

2009-S277 (ACTIVE) - Details

2009-S277 (ACTIVE) - Summary

2009-S277 (ACTIVE) - Sponsor Memo

2009-S277 (ACTIVE) - Bill Text download pdf

Comments