S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2227
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 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.
              

                                                            LBD03449-01-7

 A. 2227                             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.
   §  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.
   § 3. Subdivision 1 of section 206 of the public health law is  amended
 by adding a new paragraph (w) to read as follows:
   (W) ESTABLISH, ADMINISTER AND ENFORCE THE HEALTH CARE DISPARITIES DATA
 COLLECTION SYSTEM ESTABLISHED UNDER TITLE THREE-A OF THIS ARTICLE.

 A. 2227                             3
 
   §  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.
   §  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.
   §  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. 2227                             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.
   §  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. 2227                             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-

 A. 2227                             6
 
 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.
   § 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. 2227                             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.
   §  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.
   § 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,  2017,  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.