Bill Text: NY A06895 | 2023-2024 | General Assembly | Amended

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Bill Title: Directs the commissioner of health to approve courses for eligible physicians, nurses and other staff that covers risk management strategies in emergency department visits for individuals with a developmental or intellectual disability; provides a premium reduction for physicians who complete such risk management strategies course.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-03-22 - print number 6895b [A06895 Detail]

Download: New_York-2023-A06895-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6895--B

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       May 8, 2023
                                       ___________

        Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
          Committee on People with Disabilities --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- recommitted to the Committee on  People  with  Disabilities  in
          accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        AN ACT to amend the public health law and the insurance law, in relation
          to  a  premium reduction for physicians who complete a risk management
          strategies course relating to emergency department visits for individ-
          uals with a developmental or intellectual disability

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 2828 of the public health law, as added by chapter
     2  689 of the laws of 2021, is renumbered section 2831 and  a  new  section
     3  2832 is added to read as follows:
     4    § 2832. Individuals with disabilities training strategies. 1. In order
     5  to  improve patient safety and outcomes, minimize health inequity, build
     6  the capacity of staff to understand the needs of individuals with intel-
     7  lectual and developmental disabilities and to promote informed consulta-
     8  tion by patients with their physicians, nurses and  other  staff  during
     9  visits to an emergency department in a general hospital, the commission-
    10  er,  in consultation with the office for people with developmental disa-
    11  bilities, shall approve courses  for  eligible  physicians,  nurses  and
    12  other staff as provided in subdivision four of this section, that covers
    13  risk  management  strategies in emergency department visits for individ-
    14  uals with a developmental or intellectual disability  as  such  term  is
    15  defined  in  section  1.03  of  the  mental hygiene law, as described in
    16  subdivision two of this section. Such risk management strategies courses
    17  shall be subject to such standards as the commissioner, in  consultation

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10725-05-4
        A. 6895--B                          2

     1  with   the  office  for  people  with  developmental  disabilities,  may
     2  prescribe by regulation.
     3    2.  Courses  on  risk management strategies during emergency visits by
     4  those with a developmental  or  intellectual  disability  shall  promote
     5  evidence-based clinical guidelines and patient safety protocols, with an
     6  emphasis on perspectives from those with a developmental or intellectual
     7  disability. Options for courses should be appropriate for the respective
     8  profession  and may include information addressing risks associated with
     9  emergency visits by individuals with  a  developmental  or  intellectual
    10  disability.  Course  options  shall be determined by the commissioner in
    11  consultation with the office for people with developmental disabilities.
    12    3. Attendance at any course approved by the commissioner  pursuant  to
    13  this section shall be in person.
    14    4.  Physicians who are board certified, nurses and other staff from an
    15  emergency department in a general hospital shall be eligible for a disa-
    16  bilities risk management strategies course.
    17    5. The commissioner, in consultation with the office for  people  with
    18  developmental  disabilities,  shall be authorized to prescribe any rules
    19  and regulations necessary to implement this section. In prescribing such
    20  rules and regulations, the commissioner shall  consider  the  rules  and
    21  regulations  promulgated  by  the  superintendent  of financial services
    22  pursuant to subsection (e) of section two thousand three hundred  forty-
    23  three  of  the  insurance law and may consult with the superintendent of
    24  financial services.
    25    § 2. Subsection (e) of section 2343 of the insurance law, as added  by
    26  chapter  642 of the laws of 1990, is amended and a new subsection (f) is
    27  added to read as follows:
    28    (e) The superintendent may approve an  appropriate  premium  reduction
    29  for:  (1) an insured physician who successfully completes a risk manage-
    30  ment course; or (2) an insured physician who  successfully  completes  a
    31  course  authorized  by  the  commissioner  of health pursuant to section
    32  twenty-eight hundred thirty-two of the public health law, which must  be
    33  approved  by  the superintendent subject to such standards as the super-
    34  intendent may prescribe by regulation. In  prescribing  such  regulation
    35  the superintendent may consult with the commissioner of health.
    36    (f)  An  insured physician who successfully completes a course author-
    37  ized by the commissioner of health under  section  twenty-eight  hundred
    38  thirty-two  of  the  public  health law shall not, during the period set
    39  forth in the superintendent's regulations prescribing standards for  the
    40  premium reduction, also be eligible for additional premium reduction for
    41  an insured physician medical malpractice insurance policy for successful
    42  completion  of  a  risk management course approved by the superintendent
    43  under part one hundred fifty-two of title eleven of the New York code of
    44  rules and regulations.
    45    § 3. This act shall take effect one year after it shall have become  a
    46  law  and  shall  apply  to  all insurance policies and contracts issued,
    47  renewed, modified or altered on  and  after  such  effective  date.  The
    48  commissioner  of health and the superintendent of financial services are
    49  authorized to adopt, amend, suspend or repeal regulations and take other
    50  actions necessary for the implementation  of  this  act  prior  to  such
    51  effective  date;  provided,  however,  that  such  adoption,  amendment,
    52  suspension or repeal of regulations shall not have  legal  effect  until
    53  this act takes effect.