Senate Bill S5958

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5958
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 23, 2023
                                ___________
 
 Introduced  by  Sens. RIVERA, KRUEGER -- 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  establishing  an
   office  of  the  state  medical indemnity fund ombudsman and a medical
   indemnity fund advisory panel

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding two new sections
 2999-l and 2999-l-1 to read as follows:
   §  2999-L. MEDICAL INDEMNITY FUND OMBUDSMAN. 1. THERE IS HEREBY ESTAB-
 LISHED AN OFFICE OF THE STATE MEDICAL INDEMNITY FUND OMBUDSMAN  FOR  THE
 PURPOSE OF RECEIVING AND RESOLVING COMPLAINTS AFFECTING QUALIFIED PLAIN-
 TIFFS,  WHERE  APPROPRIATE, REFERRING SUCH COMPLAINTS TO THE APPROPRIATE
 AGENCIES AND ACTING IN CONCERT  WITH  SUCH  AGENCIES.  THE  COMMISSIONER
 SHALL APPOINT A FULL-TIME MEDICAL INDEMNITY FUND OMBUDSMAN TO ADMINISTER
 AND  SUPERVISE THE OFFICE OF THE STATE MEDICAL INDEMNITY FUND OMBUDSMAN.
 THE MEDICAL INDEMNITY FUND OMBUDSMAN SHALL BE SELECTED FROM AMONG  INDI-
 VIDUALS WITH EXPERTISE AND EXPERIENCE IN THE FIELD OF NEUROLOGICAL INJU-
 RIES AND ADVOCACY, AND WITH SUCH OTHER QUALIFICATIONS AS SHALL BE DETER-
 MINED  BY  THE  COMMISSIONER.   SUCH OMBUDSMAN MAY, WITH APPROVAL OF THE
 COMMISSIONER, APPOINT ONE OR MORE AUTHORIZED DEPUTIES TO ASSIST  IN  HIS
 OR  HER DUTIES PURSUANT TO THIS SECTION; PROVIDED, HOWEVER, THAT NO SUCH
 DEPUTY SHALL HAVE ANY CONFLICT OF INTEREST, OR BE EMPLOYED BY  THE  FUND
 ADMINISTRATOR OR OTHER PARTY INVOLVED IN THE MANAGEMENT OF THE FUND. THE
 MEDICAL INDEMNITY FUND OMBUDSMAN SHALL, PERSONALLY OR THROUGH AUTHORIZED
 DEPUTIES:
   (A)  IDENTIFY,  INVESTIGATE AND RESOLVE COMPLAINTS THAT ARE MADE BY OR
 ON BEHALF OF QUALIFIED PLAINTIFFS, AND THAT RELATE TO ACTIONS, INACTIONS
 OR DECISIONS THAT MAY ADVERSELY AFFECT THE HEALTH,  SAFETY,  WELFARE  OR
 RIGHTS OF QUALIFIED PLAINTIFFS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08066-01-3
 S. 5958                             2
              

 
   (B)  PROVIDE  SERVICES TO ASSIST QUALIFIED PLAINTIFFS, OR THEIR REPRE-
 SENTATIVES, IN NAVIGATING THE FUND AND UNDERSTANDING  THE  FUND'S  REGU-
 LATIONS, GUIDELINES AND PROCEDURES;
   (C)  INFORM  QUALIFIED  PLAINTIFFS, OR THEIR REPRESENTATIVES, OF THEIR
 RIGHTS AND MEANS OF OBTAINING THE SERVICES, SUPPLIES  AND  MODIFICATIONS
 TO WHICH THEY ARE ENTITLED;
   (D)  ANALYZE  AND  MONITOR  IMPLEMENTATION OF THE LAWS AND REGULATIONS
 RELATING TO THE FUND; AND
   (E) CARRY OUT OTHER SUCH ACTIVITIES AS THE COMMISSIONER  SHALL  DETER-
 MINE APPROPRIATE.
   2. NEITHER THE MEDICAL INDEMNITY FUND OMBUDSMAN, NOR ANY OF HIS OR HER
 DEPUTIES  SHALL  DISCLOSE  TO ANY PERSON OUTSIDE THE OFFICE OF THE STATE
 MEDICAL INDEMNITY FUND OMBUDSMAN ANY INFORMATION OBTAINED FROM A  QUALI-
 FIED  PLAINTIFF'S RECORDS WITHOUT THE CONSENT OF THE QUALIFIED PLAINTIFF
 OR HIS OR HER REPRESENTATIVE.
   3. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, AND ANNUALLY
 THEREAFTER, THE MEDICAL INDEMNITY FUND OMBUDSMAN  SHALL  SUBMIT  TO  THE
 COMMISSIONER, THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF
 THE  SENATE,  A  REPORT  WHICH  SHALL  INCLUDE, BUT NOT BE LIMITED TO, A
 DETAILED SUMMARY OF THE ACTIVITIES OF THE OFFICE OF  THE  STATE  MEDICAL
 INDEMNITY FUND OMBUDSMAN, DATA REGARDING THE COMPLAINTS AND ISSUES WITH-
 IN  THE  FUND, THE PROCESS USED IN RESOLVING ISSUES, AND RECOMMENDATIONS
 FOR LEGISLATIVE OR REGULATORY AMENDMENTS TO IMPROVE THE FUND.
   § 2999-L-1. MEDICAL INDEMNITY FUND ADVISORY  PANEL.  THERE  IS  HEREBY
 ESTABLISHED AN ADVISORY PANEL TO BE COMPRISED OF THE COMMISSIONER, QUAL-
 IFIED PLAINTIFFS OR REPRESENTATIVES OF QUALIFIED PLAINTIFFS, PHYSICIANS,
 MEDICAL  SUPPLIERS, ADVOCATES AND OTHER INTERESTED PARTIES. THE ADVISORY
 PANEL SHALL BE CHAIRED BY THE COMMISSIONER AND SHALL BE COMPOSED OF  NOT
 LESS  THAN  NINE  ADDITIONAL MEMBERS APPOINTED BY THE GOVERNOR, OF WHICH
 TWO SHALL BE APPOINTED UPON RECOMMENDATION OF THE TEMPORARY PRESIDENT OF
 THE SENATE AND TWO SHALL BE APPOINTED UPON  THE  RECOMMENDATION  OF  THE
 SPEAKER  OF THE ASSEMBLY. THE ADVISORY PANEL SHALL MEET BIANNUALLY, WITH
 THE FIRST MEETING OCCURRING WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFEC-
 TIVE DATE OF THIS SECTION, TO DISCUSS THE FUNCTIONING OF  THE  FUND  AND
 ANY  RELEVANT  ISSUES.  THE  COMMISSIONER  SHALL  CONSIDER THE INPUT AND
 COMMENTS OF THE ADVISORY PANEL IN  DRAFTING  AND  AMENDING  REGULATIONS,
 GUIDELINES OR POLICIES PERTAINING TO THE FUND ADMINISTRATION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. 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 to be made and completed
 on or before such effective date.