NY State Senate Bill 2025-S7684

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 29, 2025	referred to health

co-Sponsors

2025-S7684 (ACTIVE) - Details

See Assembly Version of this Bill:: A2426
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2999-i, Pub Health L; amd §5, Chap 517 of 2016
Versions Introduced in 2023-2024 Legislative Session:: S9694, A10425

2025-S7684 (ACTIVE) - Summary

Relates to the New York State medical indemnity fund account payments; extends provisions relating to payments from the New York state medical indemnity fund; provides for the repeal of certain provisions upon the expiration thereof.

2025-S7684 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7684

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the public health law, in relation to the New York state
medical indemnity fund account payments; 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 effective-
ness thereof; and providing for the repeal of certain provisions of the
public health law upon the expiration thereof

 
SUMMARY OF PROVISIONS:

Section 1 of the bill guarantees that current qualified beneficiaries of
the medical indemnity fund will be authorized to receive payments.  The
comptroller is empowered to make payments to qualified recipients even
if the total expenditure for the year exceeds the appropriation authori-
ty. The comptroller is further empowered to transfer from the State
treasury enough funds to support continued enrollment each fiscal year
until March 31, 2027.

Section 2 removes the 2025 sunset date from the rates set forth in 2017

and guarantees those rates for qualified MIF enrollees.

Section 3 sets forth the effective date

 
JUSTIFICATION:

The New York State Medical Indemnity Fund ("MI F") was a Medicaid Rede-
sign Team Initiative enacted in 2011, to provide a funding source for
future health care costs for infants who sustained birth-related neuro-
logical injuries, in order to reduce medical malpractice premium costs.
MIF Enrollees are plaintiffs in medical malpractice actions who have
received either court-approved settlements or judgments deeming the
plaintiffs' neurological impairments to be birth-related.  Participation
in the MIF is mandatory.

In 2016, MIF statute was amended to address several issues related to
MIF administration and improve access to care, including increasing
reimbursement rates that were inadequate for certain health care
services and stipulating that the MIF should pay qualifying health care
costs that have an ancillary benefit to other members of the household.

Children who have sustained birth-related neurological injuries due to
malpractice should have necessary health care services paid for by the
MIF, particularly since they are required to participate in the fund.

The provisions of this bill will help keep the MIF open to new recipi-
ents until March 31, 2026 and guarantee that the State will make
payments to recipients at current rates.

 
LEGISLATIVE HISTORY:

A.10425, referred to health / Same as S.9694, referred to health.

 
FISCAL IMPLICATIONS:

To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately and be deemed force and effect on
April 1, 2025; provided however, subdivision 6 of section 2999-i of the
public health one of this act, shall expire and be deemed repealed to
have been in full paragraph (e) of law, as added by section on March 31,
2027.

2025-S7684 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7684
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 29, 2025
                                ___________
 
 Introduced  by  Sens.  MAYER, 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 the New York state
   medical indemnity fund account payments; 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;  and  providing  for  the  repeal  of  certain
   provisions of the public health law upon the expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (d)  of subdivision 6 of section 2999-i of the
 public health law, as amended by section 2 of part K of  chapter  57  of
 the laws of 2019, is amended and a new paragraph (e) is added to read as
 follows:
   (d)  The  suspension  of  enrollment pursuant to paragraph (a) of this
 subdivision shall not impact payment under the fund  for  any  qualified
 plaintiffs  already enrolled in the fund FOR THE REMAINDER OF THE QUALI-
 FIED PLAINTIFF'S LIFE.  NOTWITHSTANDING ANY PROVISION OF  LAW,  RULE  OR
 REGULATION  TO  THE CONTRARY, THE FUND ACCOUNT IS AUTHORIZED TO MAINTAIN
 PAYMENTS FOR QUALIFIED PLAINTIFFS ALREADY ENROLLED IN THE FUND  FOR  THE
 ENTIRE  STATE  FISCAL  YEAR  EVEN IF TOTAL EXPENDITURES EXCEED AVAILABLE
 APPROPRIATION AUTHORITY.
   (E) NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR  REGULATION  TO  THE
 CONTRARY, ON OR AFTER APRIL FIRST, TWO THOUSAND TWENTY-FIVE AND ANNUALLY
 THEREAFTER,  THE  STATE  COMPTROLLER SHALL TRANSFER MONEY FROM THE STATE
 TREASURY INTO THE FUND ACCOUNT IN AN AMOUNT WHICH SHALL BE SUFFICIENT TO
 AVOID SUSPENSION OF NEW ENROLLMENT FOR THE  ENTIRE  STATE  FISCAL  YEAR.
 NOTWITHSTANDING  ANY PROVISION OF LAW, RULE OR REGULATION TO THE CONTRA-
 RY, ANY APPROPRIATION OR APPROPRIATIONS IN THE ENACTED STATE BUDGET THAT
 AUTHORIZES DISBURSEMENT OF FUNDS FROM THE FUND ACCOUNT SHALL INCREASE BY
 AN AMOUNT THAT  IS  EQUAL  TO  THE  AMOUNT  NECESSARY  TO  SUPPORT  SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04788-01-5

 S. 7684                             2
 
 DISBURSEMENT  OF MONEY IN THE FUND ACCOUNT THAT WILL AVOID SUSPENSION OF
 NEW ENROLLMENT FOR THE ENTIRE STATE FISCAL YEAR.
   § 2. 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 chapter 112 of the laws of 2023, 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].
   § 3. This act shall take effect immediately and be deemed to have been
 in  full  force and effect on April 1, 2025; provided however, paragraph
 (e) of subdivision 6 of section 2999-i of  the  public  health  law,  as
 added by section one of this act, shall expire and be deemed repealed on
 March 31, 2027.

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Senate Bill S7684

Sponsored By

Current Bill Status - In Senate Committee Health Committee

co-Sponsors

2025-S7684 (ACTIVE) - Details

2025-S7684 (ACTIVE) - Summary

2025-S7684 (ACTIVE) - Sponsor Memo

2025-S7684 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7684

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Sponsored By

Shelley B. Mayer

Current Bill Status - In Senate Committee Health Committee

co-Sponsors

Liz Krueger

2025-S7684 (ACTIVE) - Details

2025-S7684 (ACTIVE) - Summary

2025-S7684 (ACTIVE) - Sponsor Memo

2025-S7684 (ACTIVE) - Bill Text download pdf

Comments