NY State Senate Bill 2017-S6948A

Senate Bill S6948A

2017-2018 Legislative Session

Establishes an office of the state medical fund ombudsman and a medical indemnity fund advisory panel

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	referred to ways and means delivered to assembly passed senate ordered to third reading cal.2053 committee discharged and committed to rules
May 09, 2018	print number 6948a
May 09, 2018	amend and recommit to finance
Jan 09, 2018	reported and committed to finance
Jan 03, 2018	referred to health
Nov 17, 2017	referred to rules

Votes

- Jun 20, 2018 - Floor Vote
  S6948A
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 20, 2018
      
      aye (60)
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (3)
      
      Addabbo Jr.
      
      Croci
      
      Rivera
  Jun 20, 2018 - Rules Committee Vote
  S6948A
  
  23
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 20, 2018
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (1)
      
      Griffo
      
      excused (1)
      
      Rivera
  Jan 9, 2018 - Health Committee Vote
  S6948A
  
  16
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Jan 9, 2018
      
      aye (16)
      
      Felder
      
      Golden
      
      Hannon
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Larkin
      
      Little
      
      Montgomery
      
      Murphy
      
      Persaud
      
      Ritchie
      
      Rivera
      
      Seward
      
      Stavisky
      
      Valesky
      
      aye wr (1)
      
      Tedisco

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S6948 - Details

See Assembly Version of this Bill:: A9018
Current Committee:: Assembly Ways And Means
Law Section:: Public Health Law
Laws Affected:: Add Art 29-D Title 4 §§2999-k & 2999-l, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S4811, A2347
2021-2022: S2527, A4985
2023-2024: S5958

2017-S6948 - Summary

Establishes an office of the state medical indemnity fund ombudsman and a medical indemnity fund advisory panel to advocate for, assist and represent the interests of qualified plaintiffs.

2017-S6948 - Sponsor Memo

                                
 
BILL NUMBER: S6948

SPONSOR: HANNON
 
TITLE OF BILL:  An act to amend the public health law, in relation to
establishing an office of the state medical indemnity fund ombudsman and
a medical indemnity fund advisory panel

 
PURPOSE:

To establish a Medical Indemnity Fund Ombudsman and Advisory Panel.

 
SUMMARY OF PROVISIONS:

Section one adds Public Health Law § 2999-k establishing a Medical
Indemnity Fund Ombudsman for the purpose of receiving and resolving
complaints, and informing qualified plaintiffs and their representatives
of the services, supplies and modifications they are entitled. This
section also adds a Public Health Law § 2999-1 to create the Medical
Indemnity Fund Advisory Panel for the purpose of bringing together
stakeholders to make recommendations on ways to improve the functioning
of the Medical Indemnity Fund.

Section two provides that the act take effect 90 days after enactment;
provided effective immediately the Commissioner may amend, establish or
repeal any regulation necessary to implement.

 
JUSTIFICATION:

The Medical Indemnity Fund (MW) was created in 2011 to provide a funding
source for future health care costs associated with birth-related neuro-
logical injuries and to reduce medical malpractice insurance premiums.
MIF enrollees have either settled or won a judgment in a malpractice
action. Rather than receiving damages for future health care costs, the
law requires these children be enrolled in the MW for said costs. Once
implemented for a few years, issues began to arise regarding reimburse-
ment rates, access to care, coverage and appeals within the fund.
Accordingly, the Legislature enacted Ch. 517 of 2016 to address these
concerns. Amendments to this Chapter were negotiated (Ch. 4 of 2017) at
the behest of the Executive. The final result was legislation that:
clarified qualifying health care costs could not be denied on the
grounds they may incidentally benefit others in the household; increased
reimbursement rates until December 21, 2019; and required a report to be
issued by the Executive to the Legislature on or before April 1, 2017
detailing the financial condition of the MIF. The purpose of this report
was to educate the Legislature on how to proceed with any future amend-
ments to the MIF. On June 12, 2017, two days prior the Senate roundtable
on the MIF, said report was released.

At the June 14, 2017 Senate roundtable parents, attorneys and providers
recounted their experiences and challenges with the MIF.  One parent,
who is a lawyer by trade, testified to the need for a patient advocate
to educate and assist parents trying to navigate the MW. Additionally,
many concerns were raised regarding the potential disruption that may be
caused by the transition to a new administrator scheduled to occur a few
months later. While all were assured by the Departments of Health and
Financial Services that there was plan in the works to ensure a smooth
transition, months later complaints began rolling in. The new adminis-
trator was not reimbursing claims, families were unable to obtain
supplies, claims were being paid cents on the dollar, families were
forced to obtain new providers, and the new administrator was seemingly
applying new policy guidelines that were unknown to providers, enrollees
and their families. The families with children enrolled in the MIF
struggle with enough challenges to obtain quality care for their child,
they should not have to deal with administrative hurdles and changing
policies in order to obtain services and supplies needed to keep their
child alive. This legislation establishes an ombudsman to serve as a
much needed advocate for the MIF families to ensure they are educated
and able to access the services, supplies and modifications they are
entitled.

Also raised at the roundtable by many was the need to continue conversa-
tions, to take a deeper look into the data, and to have an ongoing proc-
ess to address concerns regarding the functioning of the MIF. Much like
the workgroup proposed in the original Chapter from 2016, this legis-
lation establishes a MIF stakeholder advisory panel that will meet at a
minimum of twice annually to discuss ongoing issues and to make recom-
mendations.

Together these protections will help ensure the MIF is functioning as
originally intended and that families are getting the care they are
entitled.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
90 days after enactment; provided effective immediately the Commissioner
may amend, establish or repeal any regulation necessary to implement.

2017-S6948 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6948
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             November 17, 2017
                                ___________
 
 Introduced  by  Sens.  HANNON, SEWARD -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules
 
 AN ACT to amend the public health law, in relation  to  establishing  an
   office  of  the  state  medical indemnity fund ombudsman and a medical
   indemnity fund advisory panel

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Title 4 of article 29-D of the public health law is amended
 by adding two new sections 2999-k and 2999-l to read as follows:
   §  2999-K. MEDICAL INDEMNITY FUND OMBUDSMAN. 1. THERE IS HEREBY ESTAB-
 LISHED AN OFFICE OF THE STATE MEDICAL INDEMNITY FUND OMBUDSMAN  FOR  THE
 PURPOSE OF RECEIVING AND RESOLVING COMPLAINTS AFFECTING QUALIFIED PLAIN-
 TIFFS,  WHERE  APPROPRIATE, REFERRING SUCH COMPLAINTS TO THE APPROPRIATE
 AGENCIES AND ACTING IN CONCERT WITH SUCH AGENCIES. THE COMMISSIONER,  IN
 CONSULTATION  WITH  THE  SUPERINTENDENT  OF  FINANCIAL  SERVICES,  SHALL
 APPOINT A FULL-TIME LONG-TERM CARE OMBUDSMAN TO ADMINISTER AND SUPERVISE
 THE OFFICE OF THE STATE MEDICAL INDEMNITY FUND OMBUDSMAN. THE  LONG-TERM
 CARE  OMBUDSMAN  SHALL BE SELECTED FROM AMONG INDIVIDUALS WITH EXPERTISE
 AND EXPERIENCE IN THE FIELD OF NEUROLOGICAL INJURIES AND  ADVOCACY,  AND
 WITH SUCH OTHER QUALIFICATIONS AS SHALL BE DETERMINED BY THE COMMISSION-
 ER,  IN CONSULTATION WITH THE SUPERINTENDENT OF FINANCIAL SERVICES. SUCH
 OMBUDSMAN MAY, WITH APPROVAL OF THE COMMISSIONER, IN  CONSULTATION  WITH
 THE SUPERINTENDENT OF FINANCIAL SERVICES, APPOINT ONE OR MORE AUTHORIZED
 DEPUTIES  TO  ASSIST  IN  HIS  OR  HER  DUTIES PURSUANT TO THIS SECTION;
 PROVIDED, HOWEVER, THAT NO SUCH DEPUTY SHALL HAVE ANY CONFLICT OF INTER-
 EST, OR BE EMPLOYED BY THE FUND ADMINISTRATOR OR OTHER PARTY INVOLVED IN
 THE  MANAGEMENT  OF  THE  FUND.  THE  LONG-TERM  CARE  OMBUDSMAN  SHALL,
 PERSONALLY OR THROUGH AUTHORIZED DEPUTIES:
   (A)  IDENTIFY,  INVESTIGATE AND RESOLVE COMPLAINTS THAT ARE MADE BY OR
 ON BEHALF OF QUALIFIED PLAINTIFFS, AND THAT RELATE TO ACTIONS, INACTIONS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13790-01-7

 S. 6948                             2
 
 OR DECISIONS THAT MAY ADVERSELY AFFECT THE HEALTH,  SAFETY,  WELFARE  OR
 RIGHTS OF QUALIFIED PLAINTIFFS;
   (B)  PROVIDE  SERVICES TO ASSIST QUALIFIED PLAINTIFFS, OR THEIR REPRE-
 SENTATIVES, IN NAVIGATING THE FUND AND UNDERSTANDING  THE  FUND'S  REGU-
 LATIONS, GUIDELINES AND PROCEDURES;
   (C)  INFORM  QUALIFIED  PLAINTIFFS, OR THEIR REPRESENTATIVES, OF THEIR
 RIGHTS AND MEANS OF OBTAINING THE SERVICES, SUPPLIES  AND  MODIFICATIONS
 TO WHICH THEY ARE ENTITLED;
   (D)  ANALYZE  AND  MONITOR  IMPLEMENTATION OF THE LAWS AND REGULATIONS
 RELATING TO THE FUND; AND
   (E) CARRY OUT OTHER SUCH ACTIVITIES AS THE COMMISSIONER, IN  CONSULTA-
 TION  WITH  THE  SUPERINTENDENT  OF  FINANCIAL SERVICES, SHALL DETERMINE
 APPROPRIATE.
   2. NEITHER THE LONG-TERM CARE OMBUDSMAN, NOR ANY OF HIS OR  HER  DEPU-
 TIES  SHALL  DISCLOSE  TO  ANY  PERSON  OUTSIDE  THE OFFICE OF THE STATE
 MEDICAL INDEMNITY FUND OMBUDSMAN ANY INFORMATION OBTAINED FROM A  QUALI-
 FIED  PLAINTIFF'S RECORDS WITHOUT THE CONSENT OF THE QUALIFIED PLAINTIFF
 OR HIS OR HER REPRESENTATIVE.
   3. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, AND ANNUALLY
 THEREAFTER, THE LONG-TERM CARE OMBUDSMAN SHALL SUBMIT TO THE COMMISSION-
 ER, THE SUPERINTENDENT OF FINANCIAL SERVICES, THE SPEAKER OF THE  ASSEM-
 BLY  AND  THE  TEMPORARY  PRESIDENT  OF THE SENATE, A REPORT WHICH SHALL
 INCLUDE, BUT NOT BE LIMITED TO, A DETAILED SUMMARY OF THE ACTIVITIES  OF
 THE OFFICE OF THE STATE MEDICAL INDEMNITY FUND OMBUDSMAN, DATA REGARDING
 THE COMPLAINTS AND ISSUES WITHIN THE FUND, THE PROCESS USED IN RESOLVING
 ISSUES,  AND RECOMMENDATIONS FOR LEGISLATIVE OR REGULATORY AMENDMENTS TO
 IMPROVE THE FUND.
   § 2999-L. MEDICAL INDEMNITY  FUND  ADVISORY  PANEL.  THERE  IS  HEREBY
 ESTABLISHED  AN  ADVISORY PANEL TO BE COMPRISED OF THE COMMISSIONER, THE
 SUPERINTENDENT OF FINANCIAL SERVICES, QUALIFIED PLAINTIFFS OR  REPRESEN-
 TATIVES  OF  QUALIFIED  PLAINTIFFS, PHYSICIANS, MEDICAL SUPPLIERS, ADVO-
 CATES  AND  OTHER  INTERESTED  PARTIES.  THE  ADVISORY  PANEL  SHALL  BE
 CO-CHAIRED  BY  THE  COMMISSIONER  AND  THE  SUPERINTENDENT OF FINANCIAL
 SERVICES, AND SHALL BE COMPOSED OF NOT LESS THAN NINE ADDITIONAL MEMBERS
 APPOINTED BY THE GOVERNOR, OF WHICH TWO SHALL BE APPOINTED  UPON  RECOM-
 MENDATION  OF  THE  TEMPORARY  PRESIDENT  OF THE SENATE AND TWO SHALL BE
 APPOINTED UPON THE RECOMMENDATION OF THE SPEAKER OF  THE  ASSEMBLY.  THE
 ADVISORY  PANEL  SHALL MEET BIANNUALLY, WITH THE FIRST MEETING OCCURRING
 WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, TO
 DISCUSS THE FUNCTIONING OF THE FUND AND ANY RELEVANT ISSUES. THE COMMIS-
 SIONER AND THE SUPERINTENDENT OF FINANCIAL SERVICES SHALL  CONSIDER  THE
 INPUT  AND COMMENTS OF THE ADVISORY PANEL IN DRAFTING AND AMENDING REGU-
 LATIONS, GUIDELINES OR POLICIES PERTAINING TO THE FUND ADMINISTRATION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law; 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.

co-Sponsors

2017-S6948A (ACTIVE) - Details

See Assembly Version of this Bill:: A9018
Current Committee:: Assembly Ways And Means
Law Section:: Public Health Law
Laws Affected:: Add Art 29-D Title 4 §§2999-k & 2999-l, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S4811, A2347
2021-2022: S2527, A4985
2023-2024: S5958

2017-S6948A (ACTIVE) - Summary

Establishes an office of the state medical indemnity fund ombudsman and a medical indemnity fund advisory panel to advocate for, assist and represent the interests of qualified plaintiffs.

2017-S6948A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6948A

SPONSOR: HANNON
 
TITLE OF BILL:  An act to amend the public health law, in relation to
establishing an office of the state medical indemnity fund ombudsman and
a medical indemnity fund advisory panel

 
PURPOSE:

To establish a Medical Indemnity Fund Ombudsman and Advisory Panel.

 
SUMMARY OF PROVISIONS:

Section one adds Public Health Law § 2999-k establishing a Medical
Indemnity Fund Ombudsman for the purpose of receiving and resolving
complaints, and informing qualified plaintiffs and their representatives
of the services, supplies and modifications they are entitled. This
section also adds a Public Health Law § 2999-1 to create the Medical
Indemnity Fund Advisory Panel for the purpose of bringing together
stakeholders to make recommendations on ways to improve the functioning
of the Medical Indemnity Fund.

Section two provides that the act take effect 90 days after enactment;
provided effective immediately the Commissioner may amend, establish or
repeal any regulation necessary to implement.

 
JUSTIFICATION:

The Medical Indemnity Fund (MIF) was created in 2011 to provide a fund-
ing source for future health care costs associated with birth-related
neurological injuries and to reduce medical malpractice insurance premi-
ums. MIF enrollees have either settled or won a judgment in a malprac-
tice action. Rather than receiving damages for future health care costs,
the law requires these children be enrolled in the MIF for said costs.
Once implemented for a few years, issues began to arise regarding
reimbursement rates, access to care, coverage and appeals within the
fund. Accordingly, the Legislature enacted Ch. 517 of 2016 to address
these concerns. Amendments to this Chapter were negotiated (Ch. 4 of
2017) at the behest of the Executive. The final result was legislation
that: clarified qualifying health care costs could not be denied on the
grounds they may incidentally benefit others in the household; increased
reimbursement rates until December 21, 2019; and required a report to be
issued by the Executive to the Legislature on or before April 1, 2017
detailing the financial condition of the MIF. The purpose of this report
was to educate the Legislature on how to proceed with any future amend-
ments to the MIF. On June 12, 2017, two days prior the Senate roundtable
on the MIF, said report was released.

At the June 14, 2017 Senate roundtable parents, attorneys and providers
recounted their experiences and challenges with the MIF.  One parent,
who is a lawyer by trade, testified to the need for a patient advocate
to educate and assist parents trying to navigate the MIF. Additionally,
many concerns were raised regarding the potential disruption that may be
caused by the transition to a new administrator scheduled to occur a few
months later. While all were assured by the Departments of Health and
Financial Services that there was plan in the works to ensure a smooth
transition, months later complaints began rolling in. The new adminis-
trator was not reimbursing claims, families were unable to obtain
supplies, claims were being paid cents on the dollar, families were
forced to obtain new providers, and the new administrator was seemingly
applying new policy guidelines that were unknown to providers, enrollees
and their families. The families with children enrolled in the MIF
struggle with enough challenges to obtain quality care for their child,
they should not have to deal with administrative hurdles and changing
policies in order to obtain services and supplies needed to keep their
child alive. This legislation establishes an ombuds man to serve as a
much needed advocate for the MIF families to ensure they are educated
and able to access the services, supplies and modifications they are
entitled.

Also raised at the roundtable by many was the need to continue conversa-
tions, to take a deeper look into the data, and to have an ongoing proc-
ess to address concerns regarding the functioning of the MIF. Much like
the workgroup proposed in the original Chapter from 2016, this legis-
lation establishes a MIF stakeholder advisory panel that will meet at a
minimum of twice annually to discuss ongoing issues and to make recom-
mendations.

Together these protections will help ensure the MIF is functioning as
originally intended and that families are getting the care they are
entitled.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
90 days after enactment; provided effective immediately the Commissioner
may amend, establish or repeal any regulation necessary to implement.

2017-S6948A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6948--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             November 17, 2017
                                ___________
 
 Introduced  by  Sens.  HANNON, SEWARD, LARKIN, RITCHIE -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Rules  --  recommitted  to  the Committee on Health in accordance with
   Senate Rule 6, sec. 8 -- reported favorably from  said  committee  and
   committed  to  the  Committee on Finance -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to  amend the public health law, in relation to establishing an
   office of the state medical indemnity fund  ombudsman  and  a  medical
   indemnity fund advisory panel
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Title 4 of article 29-D of the public health law is amended
 by adding two new sections 2999-k and 2999-l to read as follows:
   § 2999-K. MEDICAL INDEMNITY FUND OMBUDSMAN. 1. THERE IS HEREBY  ESTAB-
 LISHED  AN  OFFICE OF THE STATE MEDICAL INDEMNITY FUND OMBUDSMAN FOR THE
 PURPOSE OF RECEIVING AND RESOLVING COMPLAINTS AFFECTING QUALIFIED PLAIN-
 TIFFS, WHERE APPROPRIATE, REFERRING SUCH COMPLAINTS TO  THE  APPROPRIATE
 AGENCIES  AND ACTING IN CONCERT WITH SUCH AGENCIES. THE COMMISSIONER, IN
 CONSULTATION  WITH  THE  SUPERINTENDENT  OF  FINANCIAL  SERVICES,  SHALL
 APPOINT  A  FULL-TIME MEDICAL INDEMNITY FUND OMBUDSMAN TO ADMINISTER AND
 SUPERVISE THE OFFICE OF THE STATE MEDICAL INDEMNITY FUND OMBUDSMAN.  THE
 MEDICAL  INDEMNITY  FUND OMBUDSMAN SHALL BE SELECTED FROM AMONG INDIVID-
 UALS WITH EXPERTISE AND EXPERIENCE IN THE FIELD OF NEUROLOGICAL INJURIES
 AND ADVOCACY, AND WITH SUCH OTHER QUALIFICATIONS AS SHALL BE  DETERMINED
 BY  THE  COMMISSIONER, IN CONSULTATION WITH THE SUPERINTENDENT OF FINAN-
 CIAL SERVICES. SUCH OMBUDSMAN MAY, WITH APPROVAL OF THE COMMISSIONER, IN
 CONSULTATION WITH THE SUPERINTENDENT OF FINANCIAL SERVICES, APPOINT  ONE
 OR  MORE  AUTHORIZED DEPUTIES TO ASSIST IN HIS OR HER DUTIES PURSUANT TO
 THIS SECTION; PROVIDED, HOWEVER, THAT NO  SUCH  DEPUTY  SHALL  HAVE  ANY
 CONFLICT  OF INTEREST, OR BE EMPLOYED BY THE FUND ADMINISTRATOR OR OTHER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13790-03-8

 S. 6948--A                          2
 
 PARTY INVOLVED IN THE MANAGEMENT OF THE FUND. THE MEDICAL INDEMNITY FUND
 OMBUDSMAN SHALL, PERSONALLY OR THROUGH AUTHORIZED DEPUTIES:
   (A)  IDENTIFY,  INVESTIGATE AND RESOLVE COMPLAINTS THAT ARE MADE BY OR
 ON BEHALF OF QUALIFIED PLAINTIFFS, AND THAT RELATE TO ACTIONS, INACTIONS
 OR DECISIONS THAT MAY ADVERSELY AFFECT THE HEALTH,  SAFETY,  WELFARE  OR
 RIGHTS OF QUALIFIED PLAINTIFFS;
   (B)  PROVIDE  SERVICES TO ASSIST QUALIFIED PLAINTIFFS, OR THEIR REPRE-
 SENTATIVES, IN NAVIGATING THE FUND AND UNDERSTANDING  THE  FUND'S  REGU-
 LATIONS, GUIDELINES AND PROCEDURES;
   (C)  INFORM  QUALIFIED  PLAINTIFFS, OR THEIR REPRESENTATIVES, OF THEIR
 RIGHTS AND MEANS OF OBTAINING THE SERVICES, SUPPLIES  AND  MODIFICATIONS
 TO WHICH THEY ARE ENTITLED;
   (D)  ANALYZE  AND  MONITOR  IMPLEMENTATION OF THE LAWS AND REGULATIONS
 RELATING TO THE FUND; AND
   (E) CARRY OUT OTHER SUCH ACTIVITIES AS THE COMMISSIONER, IN  CONSULTA-
 TION  WITH  THE  SUPERINTENDENT  OF  FINANCIAL SERVICES, SHALL DETERMINE
 APPROPRIATE.
   2. NEITHER THE MEDICAL INDEMNITY FUND OMBUDSMAN, NOR ANY OF HIS OR HER
 DEPUTIES SHALL DISCLOSE TO ANY PERSON OUTSIDE THE OFFICE  OF  THE  STATE
 MEDICAL  INDEMNITY FUND OMBUDSMAN ANY INFORMATION OBTAINED FROM A QUALI-
 FIED PLAINTIFF'S RECORDS WITHOUT THE CONSENT OF THE QUALIFIED  PLAINTIFF
 OR HIS OR HER REPRESENTATIVE.
   3. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, AND ANNUALLY
 THEREAFTER,  THE  MEDICAL  INDEMNITY  FUND OMBUDSMAN SHALL SUBMIT TO THE
 COMMISSIONER, THE SUPERINTENDENT OF FINANCIAL SERVICES, THE  SPEAKER  OF
 THE  ASSEMBLY  AND THE TEMPORARY PRESIDENT OF THE SENATE, A REPORT WHICH
 SHALL INCLUDE, BUT NOT BE LIMITED TO, A DETAILED SUMMARY OF  THE  ACTIV-
 ITIES  OF THE OFFICE OF THE STATE MEDICAL INDEMNITY FUND OMBUDSMAN, DATA
 REGARDING THE COMPLAINTS AND ISSUES WITHIN THE FUND, THE PROCESS USED IN
 RESOLVING ISSUES, AND  RECOMMENDATIONS  FOR  LEGISLATIVE  OR  REGULATORY
 AMENDMENTS TO IMPROVE THE FUND.
   §  2999-L.  MEDICAL  INDEMNITY  FUND  ADVISORY  PANEL. THERE IS HEREBY
 ESTABLISHED AN ADVISORY PANEL TO BE COMPRISED OF THE  COMMISSIONER,  THE
 SUPERINTENDENT  OF FINANCIAL SERVICES, QUALIFIED PLAINTIFFS OR REPRESEN-
 TATIVES OF QUALIFIED PLAINTIFFS, PHYSICIANS,  MEDICAL  SUPPLIERS,  ADVO-
 CATES  AND  OTHER  INTERESTED  PARTIES.  THE  ADVISORY  PANEL  SHALL  BE
 CO-CHAIRED BY THE  COMMISSIONER  AND  THE  SUPERINTENDENT  OF  FINANCIAL
 SERVICES, AND SHALL BE COMPOSED OF NOT LESS THAN NINE ADDITIONAL MEMBERS
 APPOINTED  BY  THE GOVERNOR, OF WHICH TWO SHALL BE APPOINTED UPON RECOM-
 MENDATION OF THE TEMPORARY PRESIDENT OF THE  SENATE  AND  TWO  SHALL  BE
 APPOINTED  UPON  THE  RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY. THE
 ADVISORY PANEL SHALL MEET BIANNUALLY, WITH THE FIRST  MEETING  OCCURRING
 WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, TO
 DISCUSS THE FUNCTIONING OF THE FUND AND ANY RELEVANT ISSUES. THE COMMIS-
 SIONER  AND  THE SUPERINTENDENT OF FINANCIAL SERVICES SHALL CONSIDER THE
 INPUT AND COMMENTS OF THE ADVISORY PANEL IN DRAFTING AND AMENDING  REGU-
 LATIONS, GUIDELINES OR POLICIES PERTAINING TO THE FUND ADMINISTRATION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law; 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.

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Senate Bill S6948A

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Sponsored By

Kemp Hannon

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

James L. Seward

William Larkin

Patty Ritchie

2017-S6948 - Details

2017-S6948 - Summary

2017-S6948 - Sponsor Memo

2017-S6948 - Bill Text download pdf

co-Sponsors

James L. Seward

William Larkin

Patty Ritchie

2017-S6948A (ACTIVE) - Details

2017-S6948A (ACTIVE) - Summary

2017-S6948A (ACTIVE) - Sponsor Memo

2017-S6948A (ACTIVE) - Bill Text download pdf

Comments