S T A T E   O F   N E W   Y O R K
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                                  8278

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 9, 2011
                               ___________

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

AN ACT to amend the insurance law and the public health law, in relation
  to establishing a health care disparities data collection system

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

  Section  1.  Subsections  (d)  and (e) of section 210 of the insurance
law, as added by chapter 579 of the laws of 1998, are amended to read as
follows:
  (d) BEGINNING NO LATER THAN SEPTEMBER FIRST OF THE YEAR FOLLOWING  THE
EFFECTIVE DATE OF THE RULES AND REGULATIONS ESTABLISHING THE HEALTH CARE
DISPARITIES DATA COLLECTION SYSTEM, PURSUANT TO TITLE THREE-A OF ARTICLE
TWO  OF  THE  PUBLIC HEALTH LAW, AND ON SEPTEMBER FIRST OF THE PRECEDING
YEAR  IF  PRACTICABLE,  IN  ADDITION  TO  THE  INFORMATION  REQUIRED  IN
SUBSECTIONS  (A),  (B)  AND  (C)  OF THIS SECTION, THE SUPERINTENDENT OF
FINANCIAL SERVICES SHALL INCLUDE IN SUCH GUIDE AND SELECTION OF THE DATA
APPLICABLE TO EACH INSURER OR ENTITY FROM THE  HEALTH  CARE  DISPARITIES
DATA  COLLECTION  SYSTEM.  SUCH  DATA  SHALL  INCLUDE  DATA COLLECTED OR
COMPILED IN REGARD TO HEALTH CARE QUALITY AND HEALTH  OUTCOMES  PURSUANT
TO  SECTION TWO THOUSAND NINE HUNDRED NINETY-FIVE-C OF THE PUBLIC HEALTH
LAW OR OTHER DATA THAT IS  GENERALLY  RECOGNIZED  AS  AUTHORITATIVE  AND
RELIABLE.
  (E)  Health insurers and entities certified pursuant to article forty-
four of the public health law shall provide annually to the  superinten-
dent  OF  FINANCIAL  SERVICES  and  the  commissioner of health, and the
commissioner of health shall provide to the superintendent OF  FINANCIAL
SERVICES,  all  of  the  information necessary for the superintendent to
produce the annual consumer guide, PROVIDED THAT THIS REQUIREMENT  SHALL
NOT  APPLY TO INFORMATION PROVIDED FOR IN SUBSECTION (D) OF THIS SECTION
IF THE SUPERINTENDENT  OF  FINANCIAL  SERVICES  ALREADY  POSSESSES  SUCH
INFORMATION  AS PART OF THE DATA COLLECTION SYSTEM PROVIDED FOR IN TITLE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11921-01-1
              

A. 8278                             2

THREE-A OF ARTICLE TWO OF THE PUBLIC HEALTH LAW. In compiling the guide,
the superintendent OF FINANCIAL SERVICES  shall  make  every  effort  to
ensure  that  the  information  is  presented in a clear, understandable
fashion  which  facilitates  comparisons  among  individual insurers and
entities, and in a format which lends  itself  to  the  widest  possible
distribution  to  consumers.  The  superintendent  OF FINANCIAL SERVICES
shall either include the information from the annual consumer  guide  in
the  consumer  shopping guide required by subsection (a) of section four
thousand three hundred twenty-three of this chapter or combine  the  two
guides  as  long as consumers in the individual market are provided with
the information required by subsection  (a)  of  section  four  thousand
three hundred twenty-three of this chapter.
  [(e)] (F) The superintendent OF FINANCIAL SERVICES shall contract with
a  national  organization for the purposes of drafting and designing the
guide, including the preparation of relevant explanatory material.  Such
organization  shall  have actual experience in preparing a similar guide
for at least one other state. The superintendent, in  consultation  with
the  commissioner of health, may also contract with one or more national
organizations to assist such commissioner in the collection of data  and
the  analysis and auditing of the clinical measurers. Such organizations
shall consult periodically with associations representing health  insur-
ers and health maintenance organizations as well as with consumer repre-
sentatives  in  New  York  in preparing the consumer guide. IN REGARD TO
INFORMATION ADDED TO THE CONSUMER GUIDE OR GUIDES PURSUANT TO SUBSECTION
(D) OF THIS SECTION, THE DATA SELECTED AS WELL AS THE  FORMAT  SHALL  BE
DETERMINED  BY  THE SUPERINTENDENT OF FINANCIAL SERVICES IN CONSULTATION
WITH THE COMMISSIONER OF HEALTH, WITH CONSIDERATION GIVEN TO  THE  VIEWS
EXPRESSED  BY STAKEHOLDERS IN THE REVIEW AND COMMENT PROCESS HELD PURSU-
ANT TO SUBDIVISION ELEVEN OF SECTION  TWO  HUNDRED  FORTY-SEVEN  OF  THE
PUBLIC HEALTH LAW.
  S  2.  Subsection (a) of section 4323 of the insurance law, as amended
by chapter 1 of the laws of 1999, is amended to read as follows:
  (a) All health  maintenance  organizations  issued  a  certificate  of
authority  under article forty-four of the public health law or licensed
under this article shall prepare, in conjunction with the superintendent
OF FINANCIAL SERVICES, and shall participate in and share  the  cost  of
the  publication  and  dissemination  of a consumer's shopping guide for
standardized individual health plans issued pursuant  to  sections  four
thousand  three hundred twenty-one and four thousand three hundred twen-
ty-two of this article and a separate consumer shopping guide for stand-
ardized qualifying individual health insurance contracts  and  standard-
ized  qualifying  group  health  insurance  contracts issued pursuant to
section four thousand three hundred  twenty-six  of  this  article.  The
consumer's shopping guides shall be published annually and shall include
the  names,  addresses  and  telephone numbers of all health maintenance
organizations offering such coverage as well as  a  description  of  the
plan  design  and  premiums  in  such a manner that facilitates consumer
comparison. SUCH CONSUMER GUIDES SHALL ALSO CONTAIN, IN  A  MANNER  THAT
FACILITATES  CONSUMER  COMPARISON, A SELECTION OF THE DATA APPLICABLE TO
EACH SUCH HEALTH MAINTENANCE ORGANIZATION FROM THE HEALTH CARE  DISPARI-
TIES  DATA  COLLECTION SYSTEM ESTABLISHED UNDER TITLE THREE-A OF ARTICLE
TWO OF THE PUBLIC HEALTH LAW. THE DATA SELECTED AS WELL  AS  THE  FORMAT
SHALL  BE  DETERMINED  BY  THE  SUPERINTENDENT  OF FINANCIAL SERVICES IN
CONSULTATION WITH THE COMMISSIONER OF HEALTH, WITH  CONSIDERATION  GIVEN
TO THE VIEWS EXPRESSED BY STAKEHOLDERS IN THE REVIEW AND COMMENT PROCESS

A. 8278                             3

HELD  PURSUANT  TO SUBDIVISION ELEVEN OF SECTION TWO HUNDRED FORTY-SEVEN
OF THE PUBLIC HEALTH LAW.
  S  3. Subdivision 1 of section 206 of the public health law is amended
by adding a new subdivision (s) to read as follows:
  (S) ESTABLISH, ADMINISTER AND ENFORCE THE HEALTH CARE DISPARITIES DATA
COLLECTION SYSTEM ESTABLISHED UNDER TITLE THREE-A OF THIS ARTICLE.
  S 4. Article 2 of the public health law is amended  by  adding  a  new
title 3-A to read as follows:
                               TITLE III-A
             HEALTH CARE DISPARITIES DATA COLLECTION SYSTEM
SECTION 245. LEGISLATIVE INTENT.
        246. DEFINITIONS.
        247. ESTABLISHMENT  OF  HEALTH  CARE DISPARITIES DATA COLLECTION
               SYSTEM.
        248. DISSEMINATION  OF  HEALTH  CARE  DISPARITIES  DATA  TO  THE
               PUBLIC.
        249. ENFORCEMENT.
  S  245.  LEGISLATIVE  INTENT.  THE LEGISLATURE FINDS AND DECLARES THAT
SUBSTANTIAL DISPARITIES EXIST AS TO HEALTH CARE OUTCOMES BASED ON  RACE,
ETHNICITY,  SEX,  PRIMARY LANGUAGE, DISABILITY STATUS, AND SEXUAL ORIEN-
TATION IN THIS STATE AND IN THE NATION. THE INTENT OF THIS TITLE  IS  TO
ESTABLISH  A UNIFORM DATA HEALTH CARE DISPARITIES DATA COLLECTION SYSTEM
IN THIS STATE WHICH WILL  ENABLE  HEALTH  CARE  CONSUMERS  TO  BE  FULLY
INFORMED  AS  TO THE RECORD OF HEALTH PLANS AND HEALTH CARE INSTITUTIONS
IN ADDRESSING DISPARITIES BASED  ON  THESE  FACTORS  IN  ORDER  TO  MAKE
INFORMED  HEALTH  CARE  CHOICES  AND  FOR  STATE POLICYMAKERS TO ADDRESS
DISPARITIES. THE DATA COLLECTION SYSTEM  ESTABLISHED  UNDER  THIS  TITLE
SHALL  INCORPORATE  THE  DISPARITIES  DATA  COLLECTED  UNDER THE PATIENT
PROTECTION AND AFFORDABLE CARE ACT, EXISTING STATE AND FEDERAL LAWS  AND
REGULATIONS,  AND  THE  ADDITIONAL  REQUIREMENTS  ESTABLISHED UNDER THIS
TITLE. IT IS FURTHER THE INTENT OF THIS TITLE THAT THE DEPARTMENT ASSEM-
BLE HEALTH DISPARITIES DATA FROM ALL STATE  AND  FEDERAL  AGENCIES  THAT
PRESENTLY  COLLECT  SUCH  DATA OR THAT WILL BE REQUIRED TO COLLECT IT IN
THE FUTURE AND COMPILE THIS DATA IN A FORMAT THAT IS  EASILY  ACCESSIBLE
AND AVAILABLE TO THE PUBLIC AT NO CHARGE.
  S  246.  DEFINITIONS. THE FOLLOWING WORDS AND PHRASES, AS USED IN THIS
TITLE, SHALL HAVE  THE  FOLLOWING  MEANINGS:  1.  "ARTICLE  TWENTY-EIGHT
FACILITY"  MEANS ANY ENTITY REGULATED UNDER ARTICLE TWENTY-EIGHT OF THIS
CHAPTER, INCLUDING A HOSPITAL, NURSING HOME, OR RESIDENTIAL HEALTH  CARE
FACILITY.
  2.  "DATA  PROVIDER"  MEANS  AN  ARTICLE TWENTY-EIGHT FACILITY DEFINED
PURSUANT TO SUBDIVISION ONE OF THIS SECTION OR A HEALTH INSURER  DEFINED
PURSUANT TO SUBDIVISION FOUR OF THIS SECTION.
  3.   "HEALTH   CARE  DISPARITIES  DATA  COLLECTION  SYSTEM"  OR  "DATA
COLLECTION SYSTEM" MEANS THE  COLLECTION  OF  INFORMATION  IN  THE  FORM
ESTABLISHED IN THIS TITLE.
  4.  "HEALTH  INSURER" MEANS A HEALTH MAINTENANCE ORGANIZATION ISSUED A
CERTIFICATE OF AUTHORITY UNDER ARTICLE FORTY-FOUR OF  THIS  CHAPTER,  AN
ENTITY LICENSED UNDER ARTICLE FORTY-THREE OR FORTY-FOUR OF THE INSURANCE
LAW,  OR  A PERSON, FIRM OR CORPORATION PROVIDING HEALTH INSURANCE POLI-
CIES UNDER ARTICLE THIRTY-TWO OF THE  INSURANCE  LAW.  SUCH  TERM  SHALL
INCLUDE A PUBLIC INSURANCE PROGRAM.
  5.  "PATIENT  PROTECTION  AND AFFORDABLE CARE ACT" OR "AFFORDABLE CARE
ACT" MEANS PUBLIC LAW 111-148 AND PUBLIC LAW 111-152, AS SUCH  LAWS  MAY
FROM TIME TO TIME BE AMENDED.

A. 8278                             4

  6. "PUBLIC INSURANCE PROGRAM" INCLUDES AN APPROVED ORGANIZATION PURSU-
ANT  TO  TITLE ONE-A OF ARTICLE TWENTY-FIVE OF THIS CHAPTER, AN APPROVED
ORGANIZATION PURSUANT TO SECTION  THREE  HUNDRED  SIXTY-NINE-EE  OF  THE
SOCIAL SERVICES LAW, AND A PARTICIPANT IN THE PROGRAM CREATED BY SECTION
FOUR  THOUSAND  THREE HUNDRED TWENTY-SIX OF THE INSURANCE LAW. SUCH TERM
SHALL ALSO INCLUDE MEDICAL ASSISTANCE  FOR  NEEDY  PERSONS  PURSUANT  TO
TITLE ELEVEN OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW.
  7.  "RACE  AND  ETHNICITY" MEANS ALL RACIAL CATEGORIES COMPILED BY THE
UNITED STATES CENSUS, PROVIDED THAT THE "ASIAN" RACIAL CATEGORY SHALL BE
BROKEN DOWN FURTHER INTO THE SUBCATEGORIES  DESIGNATED  BY  THE  CENSUS,
INCLUDING  "ASIAN  INDIAN," "CHINESE," "FILIPINO," "JAPANESE," "KOREAN,"
"VIETNAMESE," AND "OTHER ASIAN."
  8. "RETENTION RATE" MEANS THE PERCENTAGE OF THOSE ENROLLED IN A PUBLIC
INSURANCE PROGRAM THAT ARE ASKED TO RENEW OR RECERTIFY AND DO  RENEW  OR
RECERTIFY AS OF TWO MONTHS AFTER THE EXPIRATION OF THEIR PREVIOUS HEALTH
INSURANCE COVERAGE.
  9.  "TAKE UP RATE" MEANS THE PERCENTAGE OF THOSE ELIGIBLE FOR A PUBLIC
INSURANCE PROGRAM THAT ENROLL IN THE PROGRAM.
  S 247.  ESTABLISHMENT  OF  HEALTH  CARE  DISPARITIES  DATA  COLLECTION
SYSTEM.    1. THE DEPARTMENT SHALL ESTABLISH BY RULEMAKING A HEALTH CARE
DISPARITIES DATA COLLECTION SYSTEM. ONCE ESTABLISHED, THE DATA  INCLUDED
IN  SUCH  SYSTEM  SHALL  BE MADE AVAILABLE TO THE PUBLIC UNDER THE TERMS
ESTABLISHED IN THIS TITLE.
  2. ALL DATA PROVIDERS SHALL BE REQUIRED TO FURNISH THE  DATA  MANDATED
TO  BE  SUBMITTED  UNDER SUBDIVISION THREE OF THIS SECTION AND ANY OTHER
DATA WHICH THE DEPARTMENT SHALL PRESCRIBE, AND OTHERWISE PARTICIPATE  IN
THE  HEALTH  CARE  DISPARITIES  COLLECTION SYSTEM ESTABLISHED UNDER THIS
TITLE.
  3. THE DATA COLLECTION SYSTEM SHALL INCLUDE  AT  LEAST  THE  FOLLOWING
DATA  SETS  DISAGGREGATED  BY RACE AND ETHNICITY, SEX, PRIMARY LANGUAGE,
DISABILITY STATUS, AND SEXUAL ORIENTATION:
  A. IN THE CASE OF HEALTH INSURERS, THE NUMBER OF SUBSCRIBERS,  COVERED
PERSONS (INCLUDING SPOUSES AND CHILDREN IN THE CASE OF FAMILY COVERAGE),
AND APPLICANTS;
  B.  IN  THE  CASE  OF  ARTICLE  TWENTY-EIGHT FACILITIES, THE NUMBER OF
PATIENTS AND DATA CONCERNING HEALTH CARE  QUALITY  AND  HEALTH  OUTCOMES
COLLECTED  AND/OR  DISSEMINATED  PURSUANT  TO  SECTION TWO THOUSAND NINE
HUNDRED NINETY-FIVE-B OF THIS CHAPTER, AND/OR ANY OTHER DATA  IN  REGARD
TO  HEALTH  CARE  QUALITY AND HEALTH OUTCOMES SELECTED BY THE DEPARTMENT
THAT IS GENERALLY RECOGNIZED AS AUTHORITATIVE AND RELIABLE;
  C. IN THE CASE  OF  PUBLIC  INSURANCE  PROGRAMS,  TAKE  UP  RATES  AND
RETENTION RATES;
  D.  DATA  COLLECTED  OR COMPILED PURSUANT TO SECTION TWO THOUSAND NINE
HUNDRED NINETY-FIVE-C OF THIS CHAPTER;
  E. ANY DATA IN ADDITION TO THE DATA REFERRED TO IN PARAGRAPHS B, C AND
D OF THIS SUBDIVISION IN REGARD TO  HEALTH  CARE  QUALITY  AND  OUTCOMES
WHICH  IS  REQUIRED  TO BE DISCLOSED OR FURNISHED TO ANY STATE AGENCY BY
ANY PROVISION OF LAW, THAT  IS  ALREADY  DISAGGREGATED  BY  RACE  AND/OR
ETHNICITY,  SEX,  PRIMARY  LANGUAGE,  DISABILITY  STATUS,  AND/OR SEXUAL
ORIENTATION, OR FOR WHICH IT IS PRACTICABLE TO DISAGGREGATE SUCH DATA BY
SUCH FACTORS;
  F. ANY DATA THAT IS REQUIRED TO BE REPORTED IN REGARD  TO  APPLICANTS,
RECIPIENTS OR PARTICIPANTS UNDER TITLE ONE OF THE PATIENT PROTECTION AND
AFFORDABLE  CARE  ACT (42 U.S.C. 300K) AND ITS IMPLEMENTING REGULATIONS,
AS SUCH REGULATIONS MAY FROM TIME TO TIME BE AMENDED; AND

A. 8278                             5

  G. ANY OTHER DATA OR DATA METHODOLOGY THAT THE  DEPARTMENT  DETERMINES
WOULD MEET THE GOALS OF THIS TITLE, INCLUDING DATA PRODUCED OR COLLECTED
BY THE FEDERAL GOVERNMENT.
  4. UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, FOR THE PURPOSES OF
PARAGRAPH F OF SUBDIVISION THREE OF THIS SECTION, THE TERMS "APPLICANT,"
"RECIPIENT"  OR  "PARTICIPANT" SHALL HAVE THE SAME MEANING AS SUCH TERMS
ARE GIVEN IN THE AFFORDABLE CARE ACT AND ITS  IMPLEMENTING  REGULATIONS,
AS SUCH ACT AND REGULATIONS SHALL FROM TIME TO TIME BE AMENDED.
  5.  THE  DEPARTMENT  SHALL  REQUIRE  DATA PROVIDERS TO UPDATE AT LEAST
ANNUALLY ANY DATA THAT IS FURNISHED  UNDER  SUBDIVISION  THREE  OF  THIS
SECTION.  NOTWITHSTANDING THE PRECEDING SENTENCE, FOR ANY DATA COLLECTED
PURSUANT TO ANY OTHER PROVISION OF  LAW  WHICH  REQUIRES  UPDATING  MORE
FREQUENTLY  THAN  ANNUALLY, THE FREQUENCY PROVIDED FOR IN SUCH PROVISION
SHALL APPLY.
  6.  ANY  STATE  AGENCY,  INCLUDING  ANY  HEALTH  BENEFIT  EXCHANGE  OR
EXCHANGES  CREATED  IN  THE  STATE  UNDER  THE AFFORDABLE CARE ACT WHICH
OBTAINS OR POSSESSES DATA WHICH  IS  SUBJECT  TO  THIS  TITLE  SHALL  BE
REQUIRED  TO  FURNISH  SUCH  DATA TO THE DEPARTMENT UPON REQUEST, IN THE
FORMAT AND MANNER REQUESTED BY THE DEPARTMENT.  SUCH  AGENCY  OR  ENTITY
SHALL  ALSO  BE  REQUIRED TO COOPERATE WITH THE DEPARTMENT IN THE ESTAB-
LISHMENT AND MAINTENANCE OF THE DATA COLLECTION SYSTEM.
  7. A. THE DEPARTMENT IS AUTHORIZED TO ENTER INTO  ANY  AGREEMENT  WITH
THE  FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES OR ANY OTHER ENTITY
THAT IS NECESSARY TO OBTAIN THE DATA OBTAINED BY THE FEDERAL  DEPARTMENT
OF  HEALTH  AND HUMAN SERVICES FROM ANY FEDERALLY CONDUCTED OR SUPPORTED
HEALTH CARE OR PUBLIC HEALTH PROGRAM, ACTIVITY  OR  SURVEY  PURSUANT  TO
TITLE  XXXI  OF  THE AFFORDABLE CARE ACT (42 U.S.C. 300K) AND ITS IMPLE-
MENTING REGULATIONS FOR INCLUSION IN THE DATA COLLECTION SYSTEM.
  B. THE COMMISSIONER IS AUTHORIZED TO CONTRACT WITH ONE OR  MORE  ENTI-
TIES  TO OPERATE ANY PART OF THE HEALTH CARE DISPARITIES DATA COLLECTION
SYSTEM, AND TO ACCEPT GRANTS AND ENTER INTO CONTRACTS AS MAY  BE  NECES-
SARY TO PROVIDE FUNDING FOR SUCH DATA COLLECTION SYSTEM.
  8.  THE  DEPARTMENT  SHALL  PRESCRIBE  FORMS OR QUESTIONNAIRES FOR THE
COLLECTION OF DATA FROM DATA PROVIDERS THAT ARE NECESSARY FOR  THE  DATA
COLLECTION  SYSTEM,  ALONG  WITH  APPROPRIATE  INSTRUCTIONS  FOR PERSONS
COMPLETING THE FORM  OR  QUESTIONNAIRE.  NOTWITHSTANDING  THE  PRECEDING
SENTENCE,  THE  DEPARTMENT  SHALL  BE AUTHORIZED TO USE MEANS OTHER THAN
SUCH FORM OR QUESTIONNAIRE IF DATA NEEDED FOR THE DATA COLLECTION SYSTEM
IS OTHERWISE REASONABLY OBTAINABLE BY OTHER MEANS,  INCLUDING  FROM  THE
DEPARTMENT  OF HEALTH AND HUMAN SERVICES PURSUANT TO THE AFFORDABLE CARE
ACT. IN ORDER TO REDUCE THE COSTS  OR  ADMINISTRATIVE  BURDENS  ON  DATA
PROVIDERS,  PATIENTS, APPLICANTS, PATIENTS OR OTHER PERSONS, THE DEPART-
MENT MAY ALTERNATIVELY INCLUDE QUESTIONS ELICITING THE DATA MANDATED  BY
THIS  TITLE ON A QUESTIONNAIRE OR FORM DEVELOPED FOR PURPOSES OTHER THAN
SPECIFIED IN THIS TITLE.
  9. UNLESS REQUIRED BY ANY OTHER PROVISION OF LAW, IT SHALL  BE  VOLUN-
TARY FOR ANY PATIENT, APPLICANT OR ANY OTHER PERSON RECEIVING OR SEEKING
SERVICES  FROM A DATA PROVIDER TO PROVIDE INFORMATION IN REGARD TO THEIR
RACE, ETHNICITY, SEX, PRIMARY LANGUAGE,  DISABILITY  STATUS,  OR  SEXUAL
ORIENTATION,  AND  NO  PATIENT,  APPLICANT  OR PATIENT OR ANY OTHER SUCH
PERSON SHALL BE DENIED SERVICES OR IN ANY WAY DISCRIMINATED  AGAINST  IN
THE  RECEIPT  OF  SERVICES  FOR FAILURE TO ANSWER ANY SUCH QUESTION. THE
DEPARTMENT SHALL INCLUDE A STATEMENT  EXPLAINING  THAT  THE  INFORMATION
REQUESTED  IS  VOLUNTARY  IN ALL QUESTIONNAIRES OR FORMS PROVIDED FOR IN
SUBDIVISION EIGHT OF THIS SECTION.

A. 8278                             6

  10. IN ADMINISTERING THIS TITLE, THE DEPARTMENT SHALL  SEEK  TO  AVOID
DUPLICATIVE  REQUIREMENTS  ON  DATA PROVIDERS, STATE AGENCIES, AND STATE
ENTITIES, SO LONG AS THE METHODOLOGY SELECTED MEETS THE  GOALS  OF  THIS
TITLE.
  11.  STAKEHOLDERS  SELECTED BY THE COMMISSIONER, INCLUDING HEALTH CARE
CONSUMER ORGANIZATIONS, ORGANIZATIONS THAT REPRESENT RACIAL  AND  ETHNIC
MINORITIES,  WOMEN,  THOSE  WHOSE  FIRST LANGUAGE IS NOT ENGLISH, PEOPLE
WITH DISABILITIES, AND GAY AND LESBIAN DATA PROVIDERS, AS  WELL  AS  THE
SUPERINTENDENT  OF FINANCIAL SERVICES, SHALL BE PROVIDED WITH THE OPPOR-
TUNITY TO REVIEW AND COMMENT ON THE METHODOLOGY USED TO COMPLY WITH THIS
TITLE, INCLUDING COLLECTION METHODS, ANALYSIS, FORMATTING,  AND  METHODS
AND  MEANS FOR RELEASE AND DISSEMINATION. SUCH OPPORTUNITY TO REVIEW AND
COMMENT SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,  WHETHER  THE  DATA  IS
FORMATTED IN A MANNER SO AS TO ENABLE CONSUMERS TO MAKE INFORMED CHOICES
OF HEALTH INSURERS AND ARTICLE TWENTY-EIGHT FACILITIES AND THE USABILITY
OF  THE WEBSITE UNDER SECTION TWO HUNDRED FORTY-EIGHT OF THIS TITLE. THE
OPPORTUNITY FOR REVIEW AND COMMENT SHALL INCLUDE AT LEAST ONE MEETING OF
SUCH STAKEHOLDERS PRIOR TO THE DEVELOPMENT OF THE REGULATIONS PROMULGAT-
ED PURSUANT TO THIS TITLE, AND AT LEAST ONE MEETING ANNUALLY  THEREAFTER
SO THAT MODIFICATIONS TO THE DATA COLLECTION SYSTEM MAY BE CONSIDERED BY
THE  DEPARTMENT.  THE DEPARTMENT SHALL REPORT THE RESULTS OF SUCH REVIEW
AND COMMENT PROCESS TO THE SUPERINTENDENT OF FINANCIAL SERVICES.
  S 248. DISSEMINATION OF HEALTH CARE DISPARITIES DATA TO THE PUBLIC. 1.
AS EARLY AS PRACTICABLE AFTER THE RECEIPT BY THE DEPARTMENT OF ANY  DATA
WHICH IS A COMPONENT OF THE DATA COLLECTION SYSTEM AND IN NO CASE LONGER
THAN NINETY DAYS AFTER RECEIPT, THE DEPARTMENT SHALL POST SUCH DATA ON A
WEBSITE  MAINTAINED  BY THE DEPARTMENT WHICH IS EASILY ACCESSIBLE TO THE
PUBLIC AND DOWNLOADABLE USING A SPREADSHEET PROGRAM USED BY  SUBSTANTIAL
NUMBERS  OF  THE  GENERAL  PUBLIC  THAT PERMITS MANIPULATION OF THE DATA
AFTER  DOWNLOADING.  THE  DEPARTMENT  SHALL  ENSURE  THAT  THE  DATA  IS
DISPLAYED  IN  A  CLEAR FORMAT WHICH IS EASILY UNDERSTANDABLE, AND WHICH
FACILITATES CONSUMER COMPARISON IN SUCH A MANNER SO AS TO ENABLE CONSUM-
ERS TO MAKE INFORMED CHOICES OF HEALTH INSURERS OR ARTICLE  TWENTY-EIGHT
FACILITIES.   THE  WEBSITE  SHALL  ALSO  INCLUDE  EASILY  UNDERSTANDABLE
INSTRUCTIONS ON HOW TO ACCESS THE DATA, AND  A  GLOSSARY  OF  THE  TERMS
USED.  THE  DATA SHALL BE MADE AVAILABLE TO THE PUBLIC ON THE WEBSITE AT
NO CHARGE.
  2. A. THE DEPARTMENT SHALL COMPILE THE DATA COLLECTED UNDER THIS TITLE
AND POST IT ON THE WEBSITE ON A STATEWIDE BASIS AND ALSO IN A FORM  THAT
IS  DISAGGREGATED  BY  GROUP  FACTORS.  IN ADDITION, SUCH DATA COLLECTED
SHALL BE FURTHER DISAGGREGATED  ON  A  COUNTY  AND  AN  INDUSTRY  BASIS,
PROVIDED THAT FOR ANY CITY WITH A POPULATION OF ONE MILLION RESIDENTS OR
MORE, SUCH DATA SHALL ALSO BE FURTHER DISAGGREGATED ON A CITYWIDE BASIS.
THE DEPARTMENT SHALL CONSIDER THE FEASIBILITY OF INCLUDING OTHER METHODS
OF  PRESENTING  THE  DATA OTHER THAN THAT AS MANDATED IN THIS TITLE THAT
MIGHT PROMOTE THE GOALS OF THIS TITLE OF HELPING CONSUMERS MAKE INFORMED
HEALTH CARE CHOICES AND STATE POLICYMAKERS IN ADDRESSING DISPARITIES.
  B. FOR THE PURPOSES OF PARAGRAPH A OF THIS SUBDIVISION:
  I. TO "COMPILE THE DATA COLLECTED" MEANS TO CALCULATE THE TOTAL NUMBER
OF PATIENTS, SUBSCRIBERS,  APPLICANTS  OR  OTHER  PERSONS  RECEIVING  OR
APPLYING  FOR  SERVICES,  AS APPLICABLE, AND THE PERCENTAGE OF THE TOTAL
FOR EACH DATA ELEMENT;
  II. TO DISAGGREGATE BY "GROUP FACTORS" MEANS BY  RACE  AND  ETHNICITY,
SEX, PRIMARY LANGUAGE, DISABILITY STATUS, AND SEXUAL ORIENTATION; AND
  III. TO DISAGGREGATE BY "INDUSTRY" MEANS TO DISAGGREGATE THE DATA INTO
AT  LEAST THE FOLLOWING CATEGORIES: GENERAL HOSPITALS, NURSING HOMES AND

A. 8278                             7

RESIDENTIAL CARE FACILITIES IN THE CASE OF ARTICLE TWENTY-EIGHT  FACILI-
TIES,  AND  COMMERCIAL  INSURERS,  HEALTH MAINTENANCE ORGANIZATIONS, AND
PUBLIC INSURANCE PROGRAMS IN THE CASE OF HEALTH INSURERS. IN THE CASE OF
PUBLIC  INSURANCE  PROGRAMS, THE DATA SHALL ALSO BE BROKEN DOWN FURTHER,
INTO THE FOLLOWING CATEGORIES: ALL APPROVED  ORGANIZATIONS  PURSUANT  TO
TITLE  ONE-A OF ARTICLE TWENTY-FIVE OF THIS CHAPTER, ALL APPROVED ORGAN-
IZATIONS PURSUANT TO SECTION THREE HUNDRED SIXTY-NINE-EE OF  THE  SOCIAL
SERVICES  LAW,  ALL  PARTICIPANTS IN THE PROGRAM CREATED BY SECTION FOUR
THOUSAND THREE HUNDRED TWENTY-SIX OF THE INSURANCE LAW, AND ALL DATA  IN
REGARD  TO  PROVIDING  MEDICAL  ASSISTANCE FOR NEEDY PERSONS PURSUANT TO
TITLE ELEVEN OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW.
  3. NOTWITHSTANDING ANY OTHER PROVISION OF STATE OR  FEDERAL  LAW,  THE
DEPARTMENT  SHALL  RESTRICT  DISSEMINATION  OF  ANY DATA SUBJECT TO THIS
TITLE IF SUCH DISSEMINATION WOULD REVEAL ANY DATA AS TO  ANY  INDIVIDUAL
CONSUMER, INCLUDING BUT NOT LIMITED TO HIS OR HER RACE AND/OR ETHNICITY,
PRIMARY LANGUAGE, DISABILITY STATUS, OR SEXUAL ORIENTATION.
  4.  FOR  ALL  DATA  COMPILED BY THE DEPARTMENT PURSUANT TO SECTION TWO
HUNDRED FORTY-SEVEN OF THIS  TITLE  OR  DISSEMINATED  PURSUANT  TO  THIS
SECTION,  DATA  IN REGARD TO THE ASIAN RACIAL CATEGORY SHALL BE COMPILED
AND DISSEMINATED AS TO ALL ASIANS, AND ALSO  FOR  THE  SUBCATEGORIES  OF
ASIANS  PROVIDED  FOR  IN  SUBDIVISION  SEVEN  OF  SECTION  TWO  HUNDRED
FORTY-SIX OF THIS TITLE. HISPANICS SHALL  BE  LISTED  BOTH  UNDER  THEIR
RACE, AND SEPARATE DATA SHALL BE COMPILED AND DISSEMINATED FOR HISPANICS
OF ALL RACES.
  S  249.  ENFORCEMENT.  IN ADDITION TO THE PENALTIES OTHERWISE PROVIDED
UNDER THIS CHAPTER, ANY VIOLATION OF THIS TITLE BY AN AUTHORIZED  INSUR-
ER,  REPRESENTATIVE  OF  THE  INSURER,  OR  ANY  OTHER  PERSON OR ENTITY
LICENSED, CERTIFIED, REGISTERED, OR AUTHORIZED PURSUANT TO THE INSURANCE
LAW, THE SUPERINTENDENT OF FINANCIAL SERVICES  SHALL  BE  AUTHORIZED  TO
SEEK  THE REMEDIES PROVIDED IN SECTION ONE HUNDRED NINE OF THE INSURANCE
LAW.  NOTHING IN THIS TITLE SHALL IN ANY WAY  CONTRAVENE  OR  LIMIT  THE
RIGHTS  OR  REMEDIES THAT ARE OTHERWISE AVAILABLE TO A STATE AGENCY OR A
CONSUMER UNDER ANY OTHER PROVISION OF LAW.
  S 5. This act shall take effect three months after the effective  date
of  regulations  implementing  Title  XXXI of the patient protection and
affordable care act (42 U.S.C. 300k)  or  July  1,  2012,  whichever  is
later;  provided,  however  that  effective  immediately,  the addition,
amendment and/or repeal of any rule  or  regulation  necessary  for  the
implementation  of  this  act  on  its effective date are authorized and
directed to be made and completed on or before such effective date,  and
provided  further,  that any state agency may gather information or take
any other action necessary for the implementation of  this  act  on  its
effective date.