Assembly Bill A9835B

Signed By Governor
2015-2016 Legislative Session

Relates to payments from the New York state medical indemnity fund

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Sponsored By

Archive: Last Bill Status Via S7873 - Signed by Governor

  • 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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Bill Amendments

2015-A9835 - Details

See Senate Version of this Bill:
S7873
Law Section:
Public Health Law
Laws Affected:
Amd §§2999-j & 2999-h, add §2999-k, Pub Health L

2015-A9835 - Summary

Relates to payments from the New York state medical indemnity fund.

2015-A9835 - Bill Text download pdf 

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

                                  9835

                          I N  A S S E M B L Y

                             April 12, 2016
                               ___________

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

AN  ACT to amend the public health law, in relation to payments from the
  New York state medical indemnity fund

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

  Section  1.  Section  2999-j  of  the  public health law is amended by
adding two new subdivisions 2-a and 7-a to read as follows:
  2-A. A REQUEST FOR REVIEW OF A DENIAL OF A CLAIM  OR  A  DENIAL  OF  A
REQUEST  FOR  PRIOR  AUTHORIZATION FOR THE PAYMENT OR REIMBURSEMENT FROM
THE FUND FOR QUALIFYING HEALTH CARE COSTS MUST BE MADE BY  THE  CLAIMANT
NO LATER THAN SIXTY DAYS FROM RECEIPT OF THE DENIAL AND, AT A CLAIMANT'S
OPTION, BY EITHER (A) MAKING APPLICATION TO THE COURT WHEREIN THE JUDGE-
MENT  WAS  AWARDED OR THE CASE WAS SETTLED, OR (B) FOLLOWING THE PROCESS
ESTABLISHED BY REGULATIONS OF THE COMMISSIONER  FOR  THE  ADMINISTRATIVE
REVIEW OF A DENIAL OF A CLAIM OR REQUEST FOR PRIOR AUTHORIZATION.
  7-A. A REQUEST FOR A REVIEW OF A DETERMINATION BY THE FUND ADMINISTRA-
TOR THAT THE RELEVANT PROVISIONS OF SUBDIVISION SIX OF THIS SECTION HAVE
NOT  BEEN  MET  AND/OR THAT THE PLAINTIFF OR CLAIMANT IS NOT A QUALIFIED
PLAINTIFF MAY BE MADE BY ANY OF THE PARTIES, NO LATER  THAN  SIXTY  DAYS
FROM  RECEIPT  OF THE DENIAL, BY MAKING APPLICATION TO THE COURT WHEREIN
THE JUDGMENT WAS AWARDED OR THE CASE WAS SETTLED.
  S 2. Subdivisions 2 and 4 of section 2999-j of the public health  law,
as  added by section 52 of part H of chapter 59 of the laws of 2011, are
amended to read as follows:
  2. The provision of qualifying health care costs to  qualified  plain-
tiffs  shall  not be subject to prior authorization, except as described
by the commissioner in regulation; provided, however,  that  such  regu-
lation  shall  not  prevent  qualified plaintiffs from receiving care or
assistance that would, at a minimum, be authorized  under  the  medicaid
program;  and  provided,  further,  that  if  any prior authorization is
required by such regulation, the regulation shall require that  requests
for  prior  authorization be processed within a reasonably prompt period
of time and, SUBJECT TO THE PROVISIONS  OF  SUBDIVISION  TWO-A  OF  THIS

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

2015-A9835A - Details

See Senate Version of this Bill:
S7873
Law Section:
Public Health Law
Laws Affected:
Amd §§2999-j & 2999-h, add §2999-k, Pub Health L

2015-A9835A - Summary

Relates to payments from the New York state medical indemnity fund.

2015-A9835A - Bill Text download pdf 

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

                                 9835--A

                          I N  A S S E M B L Y

                             April 12, 2016
                               ___________

Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
  tee on Health -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee

AN  ACT to amend the public health law, in relation to payments from the
  New York state medical indemnity fund

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

  Section  1.  Section  2999-j  of  the  public health law is amended by
adding two new subdivisions 2-a and 7-a to read as follows:
  2-A. A REQUEST FOR REVIEW OF A DENIAL OF A CLAIM  OR  A  DENIAL  OF  A
REQUEST  FOR  PRIOR  AUTHORIZATION FOR THE PAYMENT OR REIMBURSEMENT FROM
THE FUND FOR QUALIFYING HEALTH CARE COSTS MUST BE MADE BY  THE  CLAIMANT
NO LATER THAN SIXTY DAYS FROM RECEIPT OF THE DENIAL AND, AT A CLAIMANT'S
OPTION, BY EITHER (A) MAKING APPLICATION TO THE COURT WHEREIN THE JUDGE-
MENT  WAS  AWARDED OR THE CASE WAS SETTLED, OR (B) FOLLOWING THE PROCESS
ESTABLISHED BY REGULATIONS OF THE COMMISSIONER  FOR  THE  ADMINISTRATIVE
REVIEW OF A DENIAL OF A CLAIM OR REQUEST FOR PRIOR AUTHORIZATION.
  7-A. A REQUEST FOR A REVIEW OF A DETERMINATION BY THE FUND ADMINISTRA-
TOR THAT THE RELEVANT PROVISIONS OF SUBDIVISION SIX OF THIS SECTION HAVE
NOT  BEEN  MET  AND/OR THAT THE PLAINTIFF OR CLAIMANT IS NOT A QUALIFIED
PLAINTIFF MAY BE MADE BY ANY OF THE PARTIES, NO LATER  THAN  SIXTY  DAYS
FROM  RECEIPT  OF THE DENIAL, BY MAKING APPLICATION TO THE COURT WHEREIN
THE JUDGMENT WAS AWARDED OR THE CASE WAS SETTLED.
  S 2. Subdivisions 2 and 4 of section 2999-j of the public health  law,
as  added by section 52 of part H of chapter 59 of the laws of 2011, are
amended to read as follows:
  2. The provision of qualifying health care costs to  qualified  plain-
tiffs  shall  not be subject to prior authorization, except as described
by the commissioner in regulation; provided, however[, that]:
  (A) such  regulation  shall  not  prevent  qualified  plaintiffs  from
receiving  care  or  assistance  that would, at a minimum, be authorized
under the medicaid program; [and provided, further, that]
  (B) if any prior authorization is required  by  such  regulation,  the
regulation  shall require that requests for prior authorization be proc-
essed within a reasonably prompt period of  time  and,  SUBJECT  TO  THE
PROVISIONS  OF SUBDIVISION TWO-A OF THIS SECTION, shall identify a proc-

co-Sponsors

2015-A9835B (ACTIVE) - Details

See Senate Version of this Bill:
S7873
Law Section:
Public Health Law
Laws Affected:
Amd §§2999-j & 2999-h, add §2999-k, Pub Health L

2015-A9835B (ACTIVE) - Summary

Relates to payments from the New York state medical indemnity fund.

2015-A9835B (ACTIVE) - Bill Text download pdf 

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

                                 9835--B

                          I N  A S S E M B L Y

                             April 12, 2016
                               ___________

Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
  tee on Health -- committee discharged, bill amended, ordered reprinted
  as  amended  and  recommitted to said committee -- again reported from
  said committee with  amendments,  ordered  reprinted  as  amended  and
  recommitted to said committee

AN  ACT to amend the public health law, in relation to payments from the
  New York state medical indemnity fund

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

  Section  1.  Section  2999-j  of  the  public health law is amended by
adding two new subdivisions 2-a and 7-a to read as follows:
  2-A. A REQUEST FOR REVIEW OF A DENIAL OF A CLAIM  OR  A  DENIAL  OF  A
REQUEST  FOR  PRIOR  AUTHORIZATION FOR THE PAYMENT OR REIMBURSEMENT FROM
THE FUND FOR QUALIFYING HEALTH CARE COSTS MUST BE MADE BY  THE  CLAIMANT
NO LATER THAN SIXTY DAYS FROM RECEIPT OF THE DENIAL AND, AT A CLAIMANT'S
OPTION, BY EITHER (A) MAKING APPLICATION TO THE COURT WHEREIN THE JUDGE-
MENT  WAS  AWARDED OR THE CASE WAS SETTLED, OR (B) FOLLOWING THE PROCESS
ESTABLISHED BY REGULATIONS OF THE COMMISSIONER  FOR  THE  ADMINISTRATIVE
REVIEW OF A DENIAL OF A CLAIM OR REQUEST FOR PRIOR AUTHORIZATION.
  7-A. A REQUEST FOR A REVIEW OF A DETERMINATION BY THE FUND ADMINISTRA-
TOR THAT THE RELEVANT PROVISIONS OF SUBDIVISION SIX OF THIS SECTION HAVE
NOT  BEEN  MET  AND/OR THAT THE PLAINTIFF OR CLAIMANT IS NOT A QUALIFIED
PLAINTIFF MAY BE MADE BY ANY OF THE PARTIES, NO LATER  THAN  SIXTY  DAYS
FROM  RECEIPT  OF THE DENIAL, BY MAKING APPLICATION TO THE COURT WHEREIN
THE JUDGMENT WAS AWARDED OR THE CASE WAS SETTLED.
  S 2. Subdivisions 2 and 4 of section 2999-j of the public health  law,
as  added by section 52 of part H of chapter 59 of the laws of 2011, are
amended to read as follows:
  2. The provision of qualifying health care costs to  qualified  plain-
tiffs  shall  not be subject to prior authorization, except as described
by the commissioner in regulation; provided, however[, that]:
  (A) such  regulation  shall  not  prevent  qualified  plaintiffs  from
receiving  care  or  assistance  that would, at a minimum, be authorized
under the medicaid program; [and provided, further, that]

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

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