senate Bill S1197

2013-2014 Legislative Session

Requires hospitals to inform emergency care patients whether the attending physician participates in the insured's insurance policy

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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 08, 2014 referred to health
Jan 09, 2013 referred to health

Co-Sponsors

S1197 - Details

See Assembly Version of this Bill:
A7668
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §2805-b, Pub Health L; amd §3216, Ins L
Versions Introduced in 2011-2012 Legislative Session:
S6189

S1197 - Summary

Requires hospitals to inform emergency care patients whether the attending physician participates in the insured's insurance policy; requires insurance companies to cover the cost of out-of-network care for patients who are unconscious or otherwise unable to provide informed consent.

S1197 - Sponsor Memo

S1197 - Bill Text download pdf

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

                                  1197

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

AN ACT to amend the public health law and the insurance law, in relation
  to requiring hospitals to inform emergency care patients  whether  the
  attending  physician  participates with the patient's insurance policy
  and requiring insurance companies to cover the cost of  out-of-network
  care  for  patients who are unconscious or otherwise unable to provide
  informed consent

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

  Section  1.  Section  2805-b  of  the  public health law is amended by
adding a new subdivision 1-a to read as follows:
  1-A. EVERY GENERAL HOSPITAL IN WHICH INSURED PATIENTS ARE ADMITTED FOR
EMERGENCY CARE SHALL ADOPT REGULATIONS REQUIRING  ITS  STAFF  TO  INFORM
SUCH  PATIENTS  WHETHER  THE  ATTENDING  PHYSICIAN PARTICIPATES WITH THE
PATIENT'S INSURANCE POLICY. IN THE EVENT SUCH ATTENDING  PHYSICIAN  DOES
NOT  PARTICIPATE  WITH THE PATIENT'S INSURANCE POLICY, THE PATIENT SHALL
BE PERMITTED TO DECIDE WHETHER  TO  BE  TREATED  BY  THE  OUT-OF-NETWORK
ATTENDING  PHYSICIAN OR TO REQUEST TREATMENT BY AN IN-NETWORK PHYSICIAN,
WHO MUST TREAT SUCH PATIENT WITH ALL CONVENIENT SPEED.
  S 2. Subsection (i) of section 3216 of the insurance law is amended by
adding a new paragraph 9-a to read as follows:
  (9-A)(A) EVERY POLICY THAT PROVIDES COVERAGE FOR SERVICES TO TREAT  AN
EMERGENCY CONDITION IN HOSPITAL FACILITIES:
  (I) WITHOUT THE NEED FOR ANY PRIOR AUTHORIZATION DETERMINATION;
  (II)  IN  THE CASE OF PATIENTS WHO ARE UNCONSCIOUS OR OTHERWISE UNABLE
TO PROVIDE INFORMED CONSENT,  REGARDLESS  OF  WHETHER  THE  HEALTH  CARE
PROVIDER  FURNISHING  SUCH  SERVICES  IS  A  PARTICIPATING PROVIDER WITH
RESPECT TO SUCH SERVICES;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05326-01-3

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