Bill Text: NY A06895 | 2023-2024 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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
STATE OF NEW YORK ________________________________________________________________________ 6895--A 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 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 professional education courses for eligible 12 physicians, nurses and other staff as provided in subdivision four of 13 this section, that covers risk management strategies in emergency 14 department visits for individuals with a developmental or intellectual 15 disability as such term is defined in section 1.03 of the mental hygiene 16 law, as described in subdivision two of this section. Such risk manage- 17 ment strategies courses shall be subject to such standards as the 18 commissioner, in consultation with the office for people with develop- 19 mental disabilities, may prescribe by regulation. An eligible physician, 20 nurse or other staff who successfully completes such risk management EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10725-04-3A. 6895--A 2 1 strategies course pursuant to this section shall receive continuing 2 medical education credit and a certificate of completion. 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 and education addressing risks 9 associated with emergency visits by individuals with a developmental or 10 intellectual disability. Course options shall be determined by the 11 commissioner in consultation with the office for people with develop- 12 mental disabilities. 13 3. Attendance at any course approved by the commissioner pursuant to 14 this section shall be in person. 15 4. Physicians who are board certified, nurses and other staff from an 16 emergency department in a general hospital shall be eligible for a disa- 17 bilities risk management strategies course. 18 5. The commissioner, in consultation with the office for people with 19 developmental disabilities, shall be authorized to prescribe any rules 20 and regulations necessary to implement this section. In prescribing such 21 rules and regulations, the commissioner shall consider the rules and 22 regulations promulgated by the superintendent of financial services 23 pursuant to subsection (e) of section two thousand three hundred forty- 24 three of the insurance law and may consult with the superintendent of 25 financial services. 26 § 2. Subsection (e) of section 2343 of the insurance law, as added by 27 chapter 642 of the laws of 1990, is amended and a new subsection (f) is 28 added to read as follows: 29 (e) The superintendent may approve an appropriate premium reduction 30 for: (1) an insured physician who successfully completes a risk manage- 31 ment course; or (2) an insured physician who successfully completes a 32 course authorized by the commissioner of health pursuant to section 33 twenty-eight hundred thirty-two of the public health law, which must be 34 approved by the superintendent subject to such standards as the super- 35 intendent may prescribe by regulation. In prescribing such regulation 36 the superintendent may consult with the commissioner of health. 37 (f) An insured physician who successfully completes a course author- 38 ized by the commissioner of health under section twenty-eight hundred 39 thirty-two of the public health law shall not, during the period set 40 forth in the superintendent's regulations prescribing standards for the 41 premium reduction, also be eligible for additional premium reduction for 42 an insured physician medical malpractice insurance policy for successful 43 completion of a risk management course approved by the superintendent 44 under part one hundred fifty-two of title eleven of the New York code of 45 rules and regulations. 46 § 3. This act shall take effect one year after it shall have become a 47 law and shall apply to all insurance policies and contracts issued, 48 renewed, modified or altered on and after such effective date. The 49 commissioner of health and the superintendent of financial services are 50 authorized to adopt, amend, suspend or repeal regulations and take other 51 actions necessary for the implementation of this act prior to such 52 effective date; provided, however, that such adoption, amendment, 53 suspension or repeal of regulations shall not have legal effect until 54 this act takes effect.