Senate Bill S7049

2023-2024 Legislative Session

Relates to prior authorization and payments from the medical indemnity fund

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-S7049 (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §2999-j, Pub Health L

2023-S7049 (ACTIVE) - Summary

Requires any regulation that mandates prior authorization to establish a mechanism for submission of requests for prior authorization by health care providers directly to the medical indemnity fund; requires the medical indemnity fund administrator to notify qualified plaintiffs which costs are qualifying health care costs to be paid from the fund and which are not within a reasonably prompt period of time.

2023-S7049 (ACTIVE) - Sponsor Memo

2023-S7049 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7049
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 17, 2023
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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  prior  authori-
   zation and payments from the medical indemnity fund
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (b) of subdivision 2 of  section  2999-j  of  the
 public  health  law,  as amended by section 3 of part K of chapter 57 of
 the laws of 2019, is amended and a new paragraph (b-1) is added to  read
 as follows:
   (b)  if  any  prior  authorization is required by such regulation, the
 regulation shall require that requests for prior authorization be  proc-
 essed  within  a  reasonably  prompt period of time and shall identify a
 process for prompt administrative review of any denial of a request  for
 prior authorization; [and]
   (B-1)  IF  ANY PRIOR AUTHORIZATION IS REQUIRED BY SUCH REGULATION, THE
 REGULATION SHALL REQUIRE ESTABLISHING  A  MECHANISM  FOR  SUBMISSION  OF
 REQUESTS  FOR  PRIOR  AUTHORIZATION BY HEALTH CARE PROVIDERS DIRECTLY TO
 THE FUND; AND
   § 2. Paragraph (b) of subdivision 8 of section 2999-j  of  the  public
 health  law,  as added by section 52 of part H of chapter 59 of the laws
 of 2011, is amended and a new paragraph (c) is added to read as follows:
   (b) thereupon certify to the  commissioner  of  taxation  and  finance
 those costs that have been determined to be qualifying health care costs
 to be paid from the fund[.]; AND
   (C)  NOTIFY THE QUALIFIED PLAINTIFF WHICH OF SUCH COSTS ARE QUALIFYING
 HEALTH CARE COSTS TO BE PAID FROM THE FUND  ALONG  WITH  WHICH  OF  SUCH
 COSTS ARE NOT QUALIFYING HEALTH CARE COSTS TO BE PAID FROM THE FUND IN A
 REASONABLY PROMPT PERIOD OF TIME.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11112-01-3

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