senate Bill S4660

Vetoed By Governor
2011-2012 Legislative Session

Relates to referrals of patients for health related items or services

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A3551 -


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 05, 2012 tabled
Oct 03, 2012 vetoed memo.153
Sep 21, 2012 delivered to governor
Jun 12, 2012 returned to assembly
passed senate
3rd reading cal.814
substituted for s4660
Jun 12, 2012 substituted by a3551a
May 21, 2012 advanced to third reading
May 16, 2012 2nd report cal.
May 15, 2012 1st report cal.814
Jan 04, 2012 referred to health
Apr 14, 2011 referred to health

Co-Sponsors

S4660 - Details

See Assembly Version of this Bill:
A3551A
Law Section:
Public Health Law
Laws Affected:
Amd §238-a, Pub Health L
Versions Introduced in 2009-2010 Legislative Session:
S6955, A9933

S4660 - Summary

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

S4660 - Sponsor Memo

S4660 - Bill Text download pdf

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

                                  4660

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 14, 2011
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02276-02-1

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