senate Bill S1434

2011-2012 Legislative Session

Prohibits incentive arrangements for inducing a health care provider to change prescriptions

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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 04, 2012 referred to insurance
Jan 07, 2011 referred to insurance

S1434 - Details

Current Committee:
Law Section:
Insurance Law
Laws Affected:
Amd §§3217-b & 4325, Ins L; amd §4406-c, Pub Health L
Versions Introduced in 2009-2010 Legislative Session:
S3037

S1434 - Summary

Prohibits incentive arrangements for inducing a health care provider to change prescriptions.

S1434 - Sponsor Memo

S1434 - Bill Text download pdf

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

                                  1434

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

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

AN ACT to amend the insurance law and the public health law, in relation
  to prohibiting accident and health insurers from  offering  incentives
  to health care providers to prescribe a specific drug or medical prod-
  uct

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

  Section 1. Section 3217-b of the insurance law is amended by adding  a
new subsection (j) to read as follows:
  (J)  NO  INSURER  SUBJECT  TO THE PROVISIONS OF THIS ARTICLE SHALL, BY
CONTRACT, WRITTEN POLICY OR PROCEDURE OR ANY  OTHER  AGREEMENT,  PROVIDE
PAYMENT  OR  ANY  OTHER  INCENTIVE TO A HEALTH CARE PROVIDER TO ISSUE OR
CHANGE A PRESCRIPTION FOR A SPECIFIC DRUG OR MEDICAL PRODUCT. VIOLATIONS
OF THIS SUBSECTION SHALL  BE  PUNISHABLE  AS  PROVIDED  IN  SECTION  ONE
HUNDRED NINE OF THIS CHAPTER.
  S  2.  Section  4325  of  the insurance law is amended by adding a new
subsection (k) to read as follows:
  (K) NO INSURER SUBJECT TO THE PROVISIONS OF  THIS  ARTICLE  SHALL,  BY
CONTRACT,  WRITTEN  POLICY  OR PROCEDURE OR ANY OTHER AGREEMENT, PROVIDE
PAYMENT OR ANY OTHER INCENTIVE TO A HEALTH CARE  PROVIDER  TO  ISSUE  OR
CHANGE   A   PRESCRIPTION  FOR  A  SPECIFIC  DRUG  OR  MEDICAL  PRODUCT.
VIOLATIONS OF THIS SUBSECTION SHALL BE PUNISHABLE AS PROVIDED IN SECTION
ONE HUNDRED NINE OF THIS CHAPTER.
  S 3. Section 4406-c of the public health law is amended  by  adding  a
new subdivision 5-e to read as follows:
  5-E.  NO  HEALTH  CARE  PLAN SUBJECT TO THE PROVISIONS OF THIS ARTICLE
SHALL, BY CONTRACT, WRITTEN POLICY OR PROCEDURE OR ANY OTHER  AGREEMENT,
PROVIDE  PAYMENT  OR  ANY  OTHER  INCENTIVE TO A HEALTH CARE PROVIDER TO
ISSUE OR CHANGE A PRESCRIPTION FOR A SPECIFIC DRUG OR MEDICAL PRODUCT.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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

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