S T A T E O F N E W Y O R K
________________________________________________________________________
6895--B
2023-2024 Regular Sessions
I N A S S E M B L Y
May 8, 2023
___________
Introduced by M. of A. SEAWRIGHT -- read once and referred to the
Committee on People with Disabilities -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- recommitted to the Committee on People with Disabilities in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the public health law and the insurance law, in relation
to a premium reduction for physicians who complete a risk management
strategies course relating to emergency department visits for individ-
uals with a developmental or intellectual disability
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2828 of the public health law, as added by chapter
689 of the laws of 2021, is renumbered section 2831 and a new section
2832 is added to read as follows:
§ 2832. INDIVIDUALS WITH DISABILITIES TRAINING STRATEGIES. 1. IN ORDER
TO IMPROVE PATIENT SAFETY AND OUTCOMES, MINIMIZE HEALTH INEQUITY, BUILD
THE CAPACITY OF STAFF TO UNDERSTAND THE NEEDS OF INDIVIDUALS WITH INTEL-
LECTUAL AND DEVELOPMENTAL DISABILITIES AND TO PROMOTE INFORMED CONSULTA-
TION BY PATIENTS WITH THEIR PHYSICIANS, NURSES AND OTHER STAFF DURING
VISITS TO AN EMERGENCY DEPARTMENT IN A GENERAL HOSPITAL, THE COMMISSION-
ER, IN CONSULTATION WITH THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISA-
BILITIES, SHALL APPROVE COURSES FOR ELIGIBLE PHYSICIANS, NURSES AND
OTHER STAFF AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION, THAT COVERS
RISK MANAGEMENT STRATEGIES IN EMERGENCY DEPARTMENT VISITS FOR INDIVID-
UALS WITH A DEVELOPMENTAL OR INTELLECTUAL DISABILITY AS SUCH TERM IS
DEFINED IN SECTION 1.03 OF THE MENTAL HYGIENE LAW, AS DESCRIBED IN
SUBDIVISION TWO OF THIS SECTION. SUCH RISK MANAGEMENT STRATEGIES COURSES
SHALL BE SUBJECT TO SUCH STANDARDS AS THE COMMISSIONER, IN CONSULTATION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10725-05-4
A. 6895--B 2
WITH THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, MAY
PRESCRIBE BY REGULATION.
2. COURSES ON RISK MANAGEMENT STRATEGIES DURING EMERGENCY VISITS BY
THOSE WITH A DEVELOPMENTAL OR INTELLECTUAL DISABILITY SHALL PROMOTE
EVIDENCE-BASED CLINICAL GUIDELINES AND PATIENT SAFETY PROTOCOLS, WITH AN
EMPHASIS ON PERSPECTIVES FROM THOSE WITH A DEVELOPMENTAL OR INTELLECTUAL
DISABILITY. OPTIONS FOR COURSES SHOULD BE APPROPRIATE FOR THE RESPECTIVE
PROFESSION AND MAY INCLUDE INFORMATION ADDRESSING RISKS ASSOCIATED WITH
EMERGENCY VISITS BY INDIVIDUALS WITH A DEVELOPMENTAL OR INTELLECTUAL
DISABILITY. COURSE OPTIONS SHALL BE DETERMINED BY THE COMMISSIONER IN
CONSULTATION WITH THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES.
3. ATTENDANCE AT ANY COURSE APPROVED BY THE COMMISSIONER PURSUANT TO
THIS SECTION SHALL BE IN PERSON.
4. PHYSICIANS WHO ARE BOARD CERTIFIED, NURSES AND OTHER STAFF FROM AN
EMERGENCY DEPARTMENT IN A GENERAL HOSPITAL SHALL BE ELIGIBLE FOR A DISA-
BILITIES RISK MANAGEMENT STRATEGIES COURSE.
5. THE COMMISSIONER, IN CONSULTATION WITH THE OFFICE FOR PEOPLE WITH
DEVELOPMENTAL DISABILITIES, SHALL BE AUTHORIZED TO PRESCRIBE ANY RULES
AND REGULATIONS NECESSARY TO IMPLEMENT THIS SECTION. IN PRESCRIBING SUCH
RULES AND REGULATIONS, THE COMMISSIONER SHALL CONSIDER THE RULES AND
REGULATIONS PROMULGATED BY THE SUPERINTENDENT OF FINANCIAL SERVICES
PURSUANT TO SUBSECTION (E) OF SECTION TWO THOUSAND THREE HUNDRED FORTY-
THREE OF THE INSURANCE LAW AND MAY CONSULT WITH THE SUPERINTENDENT OF
FINANCIAL SERVICES.
§ 2. Subsection (e) of section 2343 of the insurance law, as added by
chapter 642 of the laws of 1990, is amended and a new subsection (f) is
added to read as follows:
(e) The superintendent may approve an appropriate premium reduction
for: (1) an insured physician who successfully completes a risk manage-
ment course; OR (2) AN INSURED PHYSICIAN WHO SUCCESSFULLY COMPLETES A
COURSE AUTHORIZED BY THE COMMISSIONER OF HEALTH PURSUANT TO SECTION
TWENTY-EIGHT HUNDRED THIRTY-TWO OF THE PUBLIC HEALTH LAW, which must be
approved by the superintendent subject to such standards as the super-
intendent may prescribe by regulation. In prescribing such regulation
the superintendent may consult with the commissioner of health.
(F) AN INSURED PHYSICIAN WHO SUCCESSFULLY COMPLETES A COURSE AUTHOR-
IZED BY THE COMMISSIONER OF HEALTH UNDER SECTION TWENTY-EIGHT HUNDRED
THIRTY-TWO OF THE PUBLIC HEALTH LAW SHALL NOT, DURING THE PERIOD SET
FORTH IN THE SUPERINTENDENT'S REGULATIONS PRESCRIBING STANDARDS FOR THE
PREMIUM REDUCTION, ALSO BE ELIGIBLE FOR ADDITIONAL PREMIUM REDUCTION FOR
AN INSURED PHYSICIAN MEDICAL MALPRACTICE INSURANCE POLICY FOR SUCCESSFUL
COMPLETION OF A RISK MANAGEMENT COURSE APPROVED BY THE SUPERINTENDENT
UNDER PART ONE HUNDRED FIFTY-TWO OF TITLE ELEVEN OF THE NEW YORK CODE OF
RULES AND REGULATIONS.
§ 3. This act shall take effect one year after it shall have become a
law and shall apply to all insurance policies and contracts issued,
renewed, modified or altered on and after such effective date. The
commissioner of health and the superintendent of financial services are
authorized to adopt, amend, suspend or repeal regulations and take other
actions necessary for the implementation of this act prior to such
effective date; provided, however, that such adoption, amendment,
suspension or repeal of regulations shall not have legal effect until
this act takes effect.