S T A T E O F N E W Y O R K
________________________________________________________________________
3966
2017-2018 Regular Sessions
I N A S S E M B L Y
January 30, 2017
___________
Introduced by M. of A. BARCLAY, FINCH, WALTER -- read once and referred
to the Committee on Insurance
AN ACT to amend the insurance law, in relation to health care retainer
programs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1108 of the insurance law is amended by adding a
new subsection (l) to read as follows:
(L) EVERY HEALTH CARE RETAINER PROGRAM OPERATED PURSUANT TO ARTICLE
FIFTY-SEVEN OF THIS CHAPTER.
§ 2. The insurance law is amended by adding a new article 57 to read
as follows:
ARTICLE 57
HEALTH CARE RETAINER PROGRAMS
SECTION 5701. DEFINITIONS.
5702. HEALTH CARE RETAINER PROGRAMS.
§ 5701. DEFINITIONS. AS USED IN THIS ARTICLE:
(A) "AGREEMENT" SHALL MEAN A HEALTH CARE RETAINER AGREEMENT ENTERED
INTO PURSUANT TO A PROGRAM OPERATED BY A PRIMARY CARE PHYSICIAN OR
PRIMARY CARE PHYSICIANS.
(B) "PRIMARY CARE" SHALL MEAN PROFESSIONAL MEDICAL CARE OFFERED IN THE
FIELDS OF FAMILY PRACTICE, GENERAL PEDIATRICS, PRIMARY CARE INTERNAL
MEDICINE, AND PRIMARY CARE OBSTETRICS AND GYNECOLOGY, AND AS DEFINED IN
THE RULES AND REGULATIONS OF THE COMMISSIONER OF HEALTH.
(C) "PRIMARY CARE PHYSICIAN" SHALL MEAN A PERSON LICENSED TO PRACTICE
MEDICINE IN THIS STATE WHOSE PRIMARY FIELD OF PRACTICE IS PRIMARY CARE.
(D) "PRIMARY CARE PRACTITIONER" SHALL MEAN A MIDWIFE, NURSE PRACTI-
TIONER OR PHYSICIAN ASSISTANT AUTHORIZED TO PRACTICE IN THIS STATE, WHO
PROVIDES PRIMARY CARE, AND WHO IS SUBJECT TO THE SUPERVISION AND DIREC-
TION OF A PRIMARY CARE PHYSICIAN.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05492-01-7
A. 3966 2
(E) "PROGRAM" SHALL MEAN A HEALTH CARE RETAINER PROGRAM OFFERED AND
OPERATED BY A PRIMARY CARE PHYSICIAN OR A GROUP OF PRIMARY CARE PHYSI-
CIANS WHEREBY SUCH PHYSICIAN OR PHYSICIANS, AND PRIMARY CARE PRACTITION-
ERS UNDER THE CONTROL OF SUCH PHYSICIAN OR PHYSICIANS, AGREE TO PROVIDE
ALL NECESSARY PRIMARY CARE TO ANY PERSON ENTERING INTO AN AGREEMENT, AND
THEIR DEPENDENTS, FOR A CERTAIN PERIOD OF TIME IN EXCHANGE FOR A FEE
ESTABLISHED UPON ENTERING INTO THE AGREEMENT.
§ 5702. HEALTH CARE RETAINER PROGRAMS. ANY PRIMARY CARE PHYSICIAN OR
GROUP OF PRIMARY CARE PHYSICIANS MAY ESTABLISH AND OPERATE A HEALTH CARE
RETAINER PROGRAM SUBJECT TO THE PROVISIONS OF THIS SECTION.
(A) EVERY AGREEMENT SHALL BE WRITTEN IN CLEAR, CONCISE AND EASY TO
UNDERSTAND LANGUAGE, AND FULLY DEFINE THE PRIMARY CARE SERVICES COVERED
BY SUCH AGREEMENT, THE FEE FOR THE PROVISION OF SUCH SERVICES, AND THE
PERIOD OF TIME SUCH SERVICES ARE TO BE PROVIDED FOR SUCH FEE.
(B) EVERY AGREEMENT SHALL BE LIMITED TO THE PROVISION OF PRIMARY CARE.
(C) ALL FEES AND CHARGES PAID FOR AGREEMENTS SHALL BE DEPOSITED BY THE
OPERATORS OF A PROGRAM IN AN UNSEGREGATED INTEREST-BEARING DEPOSIT
ACCOUNT WITH A BANKING INSTITUTION, AS DEFINED IN THE BANKING LAW.
MONEYS SHALL BE PAID OUT OF SUCH ACCOUNT ONLY IN SUCH AMOUNT AS IS
EQUIVALENT TO THE FEES AND CHARGES FOR PRIMARY CARE DELIVERED DURING THE
PRECEDING CALENDAR MONTH.
(D) EVERY PROGRAM SHALL, ON OR BEFORE FEBRUARY FIRST EACH YEAR, SUBMIT
AN AFFIDAVIT TO THE SUPERINTENDENT ATTESTING TO ITS COMPLIANCE WITH THE
PROVISIONS OF THIS ARTICLE DURING THE IMMEDIATELY PRECEDING CALENDAR
YEAR.
§ 3. This act shall take effect immediately.