Assembly Bill A10385

2015-2016 Legislative Session

Authorizes health care facilities and professions to pay for the fair market value of practice management, billing or health information technology services

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A10385 (ACTIVE) - Details

See Senate Version of this Bill:
S4736
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §2811, Pub Health L; amd §§6509-a & 6530, Ed L
Versions Introduced in Other Legislative Sessions:
2017-2018: A193, S2247
2019-2020: A97, S5875
2021-2022: S2640

2015-A10385 (ACTIVE) - Summary

Authorizes healthcare facilities and professionals to pay for the fair market value of practice management, billing or health information technology services.

2015-A10385 (ACTIVE) - Bill Text download pdf

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

                                  10385

                          I N  A S S E M B L Y

                              May 25, 2016
                               ___________

Introduced by M. of A. BUCHWALD -- read once and referred to the Commit-
  tee on Health

AN  ACT to amend the public health and education law, in relation to the
  provision of practice management, billing and health information tech-
  nology services for healthcare facilities and professionals

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

  Section  1. Section 2811 of the public health law, as added by chapter
776 of the laws of 1971 and as renumbered by chapter 649 of the laws  of
1975, is amended to read as follows:
  S  2811.  Discounts and splitting fees with medical referral services;
prohibited.  No hospital or facility delivering health care shall  grant
or  receive a discount to or from any medical referral service or in any
manner split fees with a medical referral  service;  PROVIDED,  HOWEVER,
THAT NOTHING CONTAINED IN THIS CHAPTER SHALL PROHIBIT SUCH FACILITIES OR
LICENSED PROFESSIONALS FROM PAYING A FAIR MARKET VALUE FEE TO ANY PERSON
OR  ENTITY  WHOSE  PURPOSE IS TO PERFORM PRACTICE MANAGEMENT, BILLING OR
HEALTH INFORMATION TECHNOLOGY SERVICES BASED UPON A PERCENTAGE  OF  FEES
BILLED  OR COLLECTED, A FLAT FEE, OR ANY OTHER ARRANGEMENT THAT DIRECTLY
OR INDIRECTLY DIVIDES FEES, FOR SUCH PURPOSES, PROVIDED THAT:
  1. THE PERSON OR ENTITY  PROVIDING  PRACTICE  MANAGEMENT,  BILLING  OR
HEALTH INFORMATION TECHNOLOGY SERVICES IS NOT RESPONSIBLE FOR THE AMOUNT
OF FEES CHARGED AND COLLECTED FOR THE SERVICES RENDERED BY SUCH FACILITY
OR LICENSED PROFESSIONAL;
  2.  ALL  CHARGES COLLECTED ARE PAID DIRECTLY TO THE FACILITY OR TO THE
LICENSED PROFESSIONAL OR ARE DEPOSITED DIRECTLY INTO AN ACCOUNT  IN  THE
NAME  OF  AND UNDER THE SOLE CONTROL OF THE FACILITY OR LICENSED PROFES-
SIONAL; AND
  3. THE PERSON OR ENTITY  PROVIDING  PRACTICE  MANAGEMENT,  BILLING  OR
HEALTH  INFORMATION  TECHNOLOGY  SERVICES DOES NOT REFER PATIENTS TO THE
FACILITY OR LICENSED PROFESSIONAL AND THAT PAYMENTS MADE ARE NOT RELATED
TO OR COMPENSATING FOR THE REFERRAL  OF  PATIENTS  TO  THE  FACILITY  OR
LICENSED PROFESSIONAL.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10439-01-5
              

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