Senate Bill S2374

2023-2024 Legislative Session

Relates to out-of-network treatment disclosure for certain surgical procedures

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Health Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S2374 (ACTIVE) - Details

See Assembly Version of this Bill:
A6495
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §230-d, add §2807-g, Pub Health L
Versions Introduced in Other Legislative Sessions:
2019-2020: S9069
2021-2022: S108

2023-S2374 (ACTIVE) - Summary

Requires out-of-network treatment disclosure within twenty-four hours of approval of certain surgical procedures.

2023-S2374 (ACTIVE) - Sponsor Memo

2023-S2374 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2374
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law,  in  relation  to  out-of-network
   treatment disclosure for certain surgical procedures
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 5 of section 230-d of the public health law, as
 added by chapter 365 of the laws of 2007, is amended to read as follows:
   5. EVERY LICENSEE PERFORMING INPATIENT AND/OR OUTPATIENT SURGICAL CARE
 AND THAT REQUIRES PRE-APPROVAL OF SURGICAL PROCEDURES BY  THE  PATIENT'S
 INSURANCE  PROVIDER  SHALL  PROVIDE  NOTICE  TO  THE PATIENT IF ALL OR A
 PORTION OF TREATMENT APPROVED IS AUTHORIZED TO BE RENDERED BY A PROVIDER
 THAT IS NOT AN IN-NETWORK PROVIDER. SUCH NOTIFICATION SHALL BE  PROVIDED
 TO  THE  PATIENT BY TELEPHONE CALL, EMAIL OR TEXT MESSAGE AT THE TIME OF
 APPROVAL BY THE LICENSEE AND SHALL BE CONFIRMED BY MAIL  NOT  MORE  THAN
 TWENTY-FOUR  HOURS  AFTER  APPROVAL  OF  THE  SURGICAL PROCEDURE. IF THE
 LICENSEE FAILS TO PROVIDE SUCH NOTICE TO THE  PATIENT  AT  LEAST  FORTY-
 EIGHT HOURS PRIOR TO THE PROCEDURE, THE LICENSEE SHALL COVER THE COST OF
 THE  PROCEDURE  AS  THOUGH  THE  SERVICES WERE RENDERED BY AN IN-NETWORK
 PROVIDER. THE PROVISIONS OF THIS SUBDIVISION  SHALL  NOT  APPLY  TO  ANY
 SURGICAL  PROCEDURE PERFORMED WITHIN TWENTY-FOUR HOURS AFTER THE INSURED
 SUSTAINS THE INJURY NECESSITATING THE SURGICAL PROCEDURE.
   6. the commissioner shall make, adopt,  promulgate  and  enforce  such
 rules  and regulations, as he or she may deem appropriate, to effectuate
 the purposes of this section. Where any rule or  regulation  under  this
 section would affect the scope of practice of a health care practitioner
 licensed, registered or certified under title eight of the education law
 other  than  those licensed under articles one hundred thirty-one or one
 hundred thirty-one-B of the education law, the rule or regulation  shall
 be made with the concurrence of the commissioner of education.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02615-01-3
 S. 2374                             2
              

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