S T A T E   O F   N E W   Y O R K
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                                  5426

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 26, 2013
                               ___________

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 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 and the commissioner of health,  and  the  commissioner  of  health
shall  provide  to  the superintendent, 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  ALREADY  POSSESSES
SUCH  INFORMATION  AS PART OF THE DATA COLLECTION SYSTEM PROVIDED FOR IN
TITLE THREE-A OF ARTICLE TWO OF THE PUBLIC HEALTH LAW. In compiling  the
guide,  the  superintendent  shall  make every effort to ensure that the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09277-01-3
              

A. 5426                             2

information is presented in a clear, understandable fashion which facil-
itates comparisons among individual insurers  and  entities,  and  in  a
format which lends itself to the widest possible distribution to consum-
ers.  The  superintendent  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 indi-
vidual 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 shall contract with a national organiza-
tion 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 insurers  and  health
maintenance  organizations  as  well as with consumer representatives 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 IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, WITH
CONSIDERATION GIVEN TO THE VIEWS EXPRESSED BY STAKEHOLDERS IN THE REVIEW
AND COMMENT PROCESS HELD PURSUANT 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  superinten-
dent, 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 twenty-two  of  this  article
and a separate consumer shopping guide for standardized qualifying indi-
vidual  health  insurance  contracts  and  standardized 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 ORGAN-
IZATION FROM THE HEALTH CARE DISPARITIES DATA COLLECTION  SYSTEM  ESTAB-
LISHED  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  SUPER-
INTENDENT  IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, WITH CONSID-
ERATION GIVEN TO THE VIEWS EXPRESSED BY STAKEHOLDERS IN THE  REVIEW  AND
COMMENT  PROCESS  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.

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  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.
  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.

A. 5426                             4

  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
  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.

A. 5426                             5

  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,  OR OTHER PERSONS, THE DEPARTMENT MAY
ALTERNATIVELY INCLUDE QUESTIONS ELICITING  THE  DATA  MANDATED  BY  THIS
TITLE ON A QUESTIONNAIRE OR FORM DEVELOPED FOR PURPOSES OTHER THAN SPEC-
IFIED 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 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  VOLUN-
TARY IN ALL QUESTIONNAIRES OR FORMS PROVIDED FOR IN SUBDIVISION EIGHT OF
THIS SECTION.
  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-

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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
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

A. 5426                             7

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, 2013, 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; provided, further, however,  that  the  commissioner  of
health  shall  notify  the legislative bill drafting commission upon the
occurrence of the issuance of the regulations implementing Title XXXI of
the patient protection and affordable care act in order that the commis-
sion may maintain an accurate and timely  effective  data  base  of  the
official  text  of  the  laws of the state of New York in furtherance of
effectuating the provisions of section 44 of  the  legislative  law  and
section 70-b of the public officers law.