S T A T E O F N E W Y O R K
________________________________________________________________________
8467
2021-2022 Regular Sessions
I N A S S E M B L Y
November 17, 2021
___________
Introduced by M. of A. GOTTFRIED -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to submission of
information to the department of health for physician profiles
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (q) of subdivision 1 of section 2995-a of the
public health law, as added by chapter 542 of the laws of 2000, is
amended to read as follows:
(q) health care plans with which the licensee has contracts, employ-
ment, or other affiliation; PROVIDED THAT THE REPORTING OF SUCH INFORMA-
TION SHALL NOT BE THE RESPONSIBILITY OF THE PHYSICIAN, BUT SHALL BE
INCLUDED AND UPDATED BY THE DEPARTMENT UTILIZING PROVIDER NETWORK
PARTICIPATION INFORMATION, OR OTHER RELIABLE SOURCES OF INFORMATION
SUBMITTED BY HEALTH CARE PLANS.
§ 2. Subdivision 4 of section 2995-a of the public health law, as
amended by section 3 of part A of chapter 57 of the laws of 2015, is
amended to read as follows:
4. Each physician shall periodically report to the department on forms
and in the time and manner required by the commissioner any other infor-
mation as is required by the department for the development of profiles
under this section which is not otherwise reasonably obtainable. In
addition to such periodic reports and providing the same information,
each physician shall update his or her profile information within the
six months prior to the [expiration date of such physician's registra-
tion period] SUBMISSION OF THE RE-REGISTRATION APPLICATION, as a condi-
tion of registration renewal under article one hundred thirty-one of the
education law. Except for optional information provided, physicians
shall notify the department of any change in the profile information
within thirty days of such change.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10402-01-1
A. 8467 2
§ 3. Subdivision 6 of section 2995-a of the public health law, as
added by chapter 542 of the laws of 2000, is amended to read as follows:
6. A physician may elect to have his or her profile omit certain
information provided pursuant to paragraphs (l), (m)[,] AND (n) [and
(q)] of subdivision one of this section. In collecting information for
such profiles and disseminating the same, the department shall inform
physicians that they may choose not to provide such information required
pursuant to paragraphs (l), (m)[,] AND (n) [and (q)] of subdivision one
of this section.
§ 4. Section 2995-a of the public health law is amended by adding a
new subdivision 7-a to read as follows:
7-A. FOR PURPOSES OF THIS SECTION, A PHYSICIAN MAY AUTHORIZE A DESIG-
NEE TO REGISTER, TRANSMIT, ENTER OR UPDATE INFORMATION ON HIS OR HER
BEHALF, PROVIDED THAT:
(A) THE DESIGNEE SO AUTHORIZED IS EMPLOYED BY THE PHYSICIAN OR THE
SAME PROFESSIONAL PRACTICE OR IS UNDER CONTRACT WITH SUCH PRACTICE;
(B) THE PHYSICIAN TAKES REASONABLE STEPS TO ENSURE THAT SUCH DESIGNEE
IS SUFFICIENTLY COMPETENT IN THE PROFILE REQUIREMENTS; AND
(C) THE PHYSICIAN REMAINS RESPONSIBLE FOR ENSURING THE ACCURACY OF THE
INFORMATION PROVIDED AND FOR ANY FAILURE TO PROVIDE ACCURATE INFORMA-
TION.
THE COMMISSIONER SHALL ESTABLISH IN REGULATION REASONABLE PARAMETERS
WITH REGARD TO A PHYSICIAN'S ABILITY TO AUTHORIZE DESIGNEES PURSUANT TO
THIS SECTION, WHICH SHALL INCLUDE PROCESSES NECESSARY TO ALLOW THE
DEPARTMENT TO: (I) GRANT ACCESS TO THE PROFILE IN A REASONABLY PROMPT
MANNER TO DESIGNEES AUTHORIZED BY PHYSICIANS; (II) REQUIRE THAT PHYSI-
CIANS NOTIFY THE DEPARTMENT UPON TERMINATING THE AUTHORIZATION OF ANY
DESIGNEE; AND (III) ESTABLISH A MECHANISM TO PREVENT SUCH TERMINATED
DESIGNEES FROM ACCESSING THE PROFILE IN A REASONABLY PROMPT MANNER
FOLLOWING SUCH NOTIFICATION.
§ 5. This act shall take effect on the ninetieth day after it shall
have become a law.