Assembly Bill A4972

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4972
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2025
                                ___________
 
 Introduced  by M. of A. BUTTENSCHON, SAYEGH -- read once and referred 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 ombudsperson 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-k and 2999-l to read as follows:
   §  2999-K.  MEDICAL  INDEMNITY FUND OMBUDSPERSON.   1. THERE IS HEREBY
 ESTABLISHED AN OFFICE OF THE STATE MEDICAL INDEMNITY  FUND  OMBUDSPERSON
 FOR  THE  PURPOSE OF RECEIVING AND RESOLVING COMPLAINTS AFFECTING QUALI-
 FIED PLAINTIFFS, 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 OMBUDSPER-
 SON TO ADMINISTER AND SUPERVISE THE OFFICE OF THE STATE  MEDICAL  INDEM-
 NITY  FUND OMBUDSPERSON.   THE MEDICAL INDEMNITY FUND OMBUDSPERSON SHALL
 BE SELECTED FROM AMONG INDIVIDUALS WITH EXPERTISE AND EXPERIENCE IN  THE
 FIELD  OF NEUROLOGICAL INJURIES AND ADVOCACY, AND WITH SUCH OTHER QUALI-
 FICATIONS AS SHALL BE DETERMINED BY THE COMMISSIONER.  SUCH OMBUDSPERSON
 MAY, WITH APPROVAL OF THE COMMISSIONER, APPOINT ONE OR  MORE  AUTHORIZED
 DEPUTIES  TO  ASSIST IN THEIR 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  OMBUDSPERSON  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.
                                                            LBD07011-01-5
 A. 4972                             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 OMBUDSPERSON, NOR ANY OF THEIR
 DEPUTIES SHALL DISCLOSE TO ANY PERSON OUTSIDE THE OFFICE  OF  THE  STATE
 MEDICAL  INDEMNITY  FUND  OMBUDSPERSON  ANY  INFORMATION OBTAINED FROM A
 QUALIFIED PLAINTIFF'S RECORDS  WITHOUT  THE  CONSENT  OF  THE  QUALIFIED
 PLAINTIFF OR THEIR REPRESENTATIVE.
   3. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, AND ANNUALLY
 THEREAFTER,  THE MEDICAL INDEMNITY FUND OMBUDSPERSON 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 OMBUDSPERSON, DATA REGARDING THE  COMPLAINTS  AND  ISSUES
 WITHIN  THE  FUND, THE PROCESS USED IN RESOLVING ISSUES, AND RECOMMENDA-
 TIONS FOR LEGISLATIVE OR REGULATORY AMENDMENTS TO IMPROVE THE FUND.
   § 2999-L. 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.