S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1324
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced  by  Sen. KRUEGER -- 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  definitions  of
   certain  terms  relating to the New York state medical indemnity fund;
   to repeal section 2999-k of the public health law, relating to  claims
   for  qualifying  health  care  costs  under the New York state medical
   indemnity fund; and to amend chapter 517 of the laws of 2016, amending
   the public health law relating to payments from  the  New  York  state
   medical indemnity fund, in relation to the effectiveness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2999-h of the public health law, as  amended  by  a
 chapter  of  the laws of 2022 amending the public health law relating to
 qualifying health care costs under the New York state medical  indemnity
 fund  and  amending  chapter 517 of the laws of 2016 amending the public
 health law relating to payments from the New York state  medical  indem-
 nity fund relating to the effectiveness thereof, as proposed in legisla-
 tive  bills  numbers  S.    8591-A  and A. 6442-C, is amended to read as
 follows:
   § 2999-h. Definitions. As used in this title, unless  the  context  or
 subject matter requires otherwise:
   1.  ["Activities of daily living" means basic personal everyday activ-
 ities, including, but not limited to, tasks such as  eating,  toileting,
 grooming, dressing, bathing, and transferring.
   2.]  "Birth-related  neurological injury" means an injury to the brain
 or spinal cord of a live infant caused by the deprivation of  oxygen  or
 mechanical injury occurring in the course of labor, delivery or resusci-
 tation,  or  by  other  medical services provided or not provided during
 delivery admission, that  rendered  the  infant  with  a  permanent  and
 substantial  motor impairment or with a developmental disability as that

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04302-01-3
 S. 1324                             2
              

 
 term is defined by section 1.03 of the mental hygiene law, or both. This
 definition shall apply to live births only.
   [3.] 2. "Fund" means the New York state medical indemnity fund.
   [4. "Instrumental activities of daily living" means activities related
 to  living independently in the community, including but not limited to,
 meal planning and preparation, managing  finances,  shopping  for  food,
 clothing  and  other  essential  items,  performing  essential household
 chores, communicating by phone or other media, and traveling around  and
 participating in the community.
   5.]  3.  "Qualifying  health  care costs" means the future [costs for]
 medical, hospital, surgical, nursing, dental, rehabilitation [services],
 habilitation [services],  [therapeutic  services,  and  custodial  care;
 behavioral  and mental health care; respite care; durable medical equip-
 ment; environmental home modifications  (emods),  assistive  technology,
 and  vehicle  modifications;  prescription  and over the counter medica-
 tions;] RESPITE, CUSTODIAL, DURABLE MEDICAL  EQUIPMENT,  HOME  MODIFICA-
 TIONS,  ASSISTIVE  TECHNOLOGY, VEHICLE MODIFICATIONS, transportation for
 purposes of health care related appointments, PRESCRIPTION AND NON-PRES-
 CRIPTION MEDICATIONS, and other health care costs actually incurred  for
 services  rendered  to  and  supplies  utilized by qualified plaintiffs,
 which are necessary to meet their health care needs,  AS  DETERMINED  BY
 THEIR  TREATING PHYSICIANS, PHYSICIAN ASSISTANTS, OR NURSE PRACTITIONERS
 and as otherwise defined by the commissioner in regulation[;  copayments
 and deductibles for services, items, equipment or medication paid for by
 commercial  insurance; and any other health care costs actually incurred
 for services rendered to and supplies utilized by a qualified  plaintiff
 that  their  health  care provider has stated in writing is necessary to
 meet the qualified plaintiff's  health  care  needs.  The  statement  of
 necessity  may  be  based  on  the  assessment of a health care provider
 licensed or certified under title eight of  the  education  law  and  as
 otherwise  defined in regulation.  Health care providers as used in this
 section shall mean health care providers  licensed  or  certified  under
 title  eight  of  the  education  law and as otherwise may be defined in
 regulation.  Qualifying health care costs shall be covered regardless of
 the setting where these services are provided].
   [6.] 4. "Qualified plaintiff" means every plaintiff  or  claimant  who
 (i)  has been found by a jury or court to have sustained a birth-related
 neurological injury as the result of medical malpractice,  or  (ii)  has
 sustained  a  birth-related neurological injury as the result of alleged
 medical malpractice, and has settled his or her lawsuit or claim  there-
 for; and (iii) has been ordered to be enrolled in the fund by a court in
 New York state.
   § 2. Section 2999-k of the public health law, as added by a chapter of
 the  laws  of 2022 amending the public health law relating to qualifying
 health care costs under the New York state medical  indemnity  fund  and
 amending  chapter 517 of the laws of 2016 amending the public health law
 relating to payments from the New  York  state  medical  indemnity  fund
 relating  to the effectiveness thereof, as proposed in legislative bills
 numbers S. 8591-A and A. 6442-C, is REPEALED.
   § 3. Section 5 of chapter 517 of the laws of 2016, amending the public
 health law relating to payments from the New York state  medical  indem-
 nity  fund,  as  amended  by  a chapter of the laws of 2022 amending the
 public health law relating to qualifying health care costs under the New
 York state medical indemnity fund and amending chapter 517 of  the  laws
 of 2016 amending the public health law relating to payments from the New
 York state medical indemnity fund relating to the effectiveness thereof,
 S. 1324                             3
 
 as  proposed  in  legislative  bills numbers S. 8591-A and A. 6442-C, is
 amended to read as follows:
   §  5. This act shall take effect on the forty-fifth day after it shall
 have become a law, provided that the  amendments  to  subdivision  4  of
 section  2999-j of the public health law made by section two of this act
 shall take effect on June 30,  2017  AND  SHALL  EXPIRE  AND  BE  DEEMED
 REPEALED DECEMBER 31, 2025.
   §  4.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2022 amending the public  health  law
 relating  to  qualifying  health  care  costs  under  the New York state
 medical indemnity fund and amending chapter 517  of  the  laws  of  2016
 amending  the  public  health law relating to payments from the New York
 state medical indemnity fund relating to the effectiveness  thereof,  as
 proposed  in  legislative  bills  numbers S. 8591-A and A. 6442-C, takes
 effect.