STATE OF NEW YORK ________________________________________________________________________ 1911 2025-2026 Regular Sessions IN SENATE January 14, 2025 ___________ Introduced by Sens. RIVERA, CLEARE -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law and the insurance law, in relation to health care professional applications and terminations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 5-e of section 4406-c of the public health law, 2 as added by chapter 377 of the laws of 2019, is amended to read as 3 follows: 4 5-e. (a) At least sixty days prior to the termination of a contract 5 between a hospital and a health care plan, the parties shall utilize a 6 mutually agreed upon mediator to assist in resolving any outstanding 7 contractual issues. The results of the mediation shall not be binding on 8 the parties. 9 (b) At least sixty days prior to the expiration or non-renewal of a 10 contract between a physician or physician group practice and a health 11 care plan, a physician or physician group may, at their discretion, 12 utilize a mutually agreed upon mediator to assist in resolving any 13 outstanding contractual issues. At least one week prior to the medi- 14 ation, the parties shall provide a written statement explaining their 15 respective positions, including but not limited to their rationale for 16 the decision, regarding the non-renewal of the contract. The results 17 of the mediation shall not be binding on the parties. A terminated 18 contract between such parties shall be governed by section four thousand 19 four hundred six-d of this article. 20 § 2. Subsection (l) of section 3217-b of the insurance law, as added 21 by chapter 377 of the laws of 2019, is amended to read as follows: 22 (l) (1) At least sixty days prior to the termination of a contract 23 between a hospital and an insurer, the parties shall utilize a mutually 24 agreed upon mediator to assist in resolving any outstanding contractual EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03549-01-5S. 1911 2 1 issues. The results of the mediation shall not be binding on the 2 parties. 3 (2) At least sixty days prior to the expiration or non-renewal of a 4 contract between a physician or physician group practice and an insur- 5 er, a physician or physician group may, at their discretion, utilize a 6 mutually agreed upon mediator to assist in resolving any outstanding 7 contractual issues. At least one week prior to the mediation, the 8 parties shall provide a written statement explaining their respective 9 positions, including but not limited to their rationale for the deci- 10 sion, regarding the non-renewal of the contract. The results of the 11 mediation shall not be binding on the parties. A terminated contract 12 between such parties shall be governed by section four thousand eight 13 hundred three of this chapter. 14 § 3. Subsection (m) of section 4325 of the insurance law, as added by 15 chapter 377 of the laws of 2019, is amended to read as follows: 16 (m) (1) At least sixty days prior to the termination of a contract 17 between a hospital and an organization, the parties shall utilize a 18 mutually agreed upon mediator to assist in resolving any outstanding 19 contractual issues. The results of the mediation shall not be binding on 20 the parties. 21 (2) At least sixty days prior to the expiration or non-renewal of a 22 contract between a physician or physician group practice and a corpo- 23 ration, a physician or physician group may, at their discretion, utilize 24 a mutually agreed upon mediator to assist in resolving any outstanding 25 contractual issues. At least one week prior to the mediation, the 26 parties shall provide a written statement explaining their respective 27 positions, including but not limited to their rationale for the deci- 28 sion, regarding the non-renewal of the contract. The results of the 29 mediation shall not be binding on the parties. A terminated contract 30 between such parties shall be governed by section four thousand eight 31 hundred three of this chapter. 32 § 4. This act shall take effect on the ninetieth day after it shall 33 have become a law.