S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4937
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 29, 2019
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Insurance
 
 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, subsection (d) as amended by chapter 455 of the laws  of  2018  and
 subsection  (e) 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,  including
 the  mental  health  and  substance use disorder parity report, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            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

 S. 4937                             4
 
 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.