LBD04708-02-9
S. 4937 2
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
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:
S. 4937 3
(W) ESTABLISH, ADMINISTER AND ENFORCE THE HEALTH CARE DISPARITIES DATA
COLLECTION SYSTEM ESTABLISHED UNDER TITLE THREE-A OF THIS ARTICLE.
§ 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 AND A PARTIC-
IPANT IN THE PROGRAM CREATED BY SECTION FOUR THOUSAND THREE HUNDRED
TWENTY-SIX OF THE INSURANCE LAW. SUCH TERM SHALL ALSO INCLUDE MEDICAL
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ASSISTANCE FOR NEEDY PERSONS PURSUANT TO TITLE ELEVEN OF ARTICLE FIVE OF
THE SOCIAL SERVICES LAW.
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
S. 4937 5
ARE GIVEN IN THE AFFORDABLE CARE ACT AND ITS IMPLEMENTING REGULATIONS,
AS SUCH ACT AND REGULATIONS SHALL FROM TIME TO TIME BE AMENDED.
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
S. 4937 6
WITH DISABILITIES, AND GAY AND LESBIAN DATA PROVIDERS, AS WELL AS THE
SUPERINTENDENT OF FINANCIAL SERVICES, SHALL BE PROVIDED WITH THE OPPOR-
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 PARTICIPANTS IN
THE PROGRAM CREATED BY SECTION FOUR THOUSAND THREE HUNDRED TWENTY-SIX OF
S. 4937 7
THE INSURANCE LAW, AND ALL DATA IN REGARD TO PROVIDING MEDICAL ASSIST-
ANCE 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, 2019, 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.
