New York Assembly Bill A01777 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 1777--A Cal. No. 53 2023-2024 Regular Sessions  IN ASSEMBLY January 20, 2023 ___________ Introduced by M. of A. LAVINE, COLTON, GLICK, SAYEGH, SEAWRIGHT, TAYLOR, VANEL, STIRPE, SILLITTI, WOERNER, SHRESTHA -- Multi-Sponsored by -- M. of A. HEVESI -- read once and referred to the Committee on Health -- ordered to a third reading, amended and ordered reprinted, retaining its place on the order of third reading 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: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02414-07-4 
 A. 1777--A 2 1 (l) (1) At least sixty days prior to the termination of a contract 2 between a hospital and an insurer, the parties shall utilize a mutually 3 agreed upon mediator to assist in resolving any outstanding contractual 4 issues. The results of the mediation shall not be binding on the 5 parties. 6 (2) At least sixty days prior to the expiration or non-renewal of a 7 contract between a physician or physician group practice and an insur- 8 er, a physician or physician group may, at their discretion, utilize a 9 mutually agreed upon mediator to assist in resolving any outstanding 10 contractual issues. At least one week prior to the mediation, the 11 parties shall provide a written statement explaining their respective 12 positions, including but not limited to their rationale for the deci- 13 sion, regarding the non-renewal of the contract. The results of the 14 mediation shall not be binding on the parties. A terminated contract 15 between such parties shall be governed by section four thousand eight 16 hundred three of this chapter. 17 § 3. Subsection (m) of section 4325 of the insurance law, as added by 18 chapter 377 of the laws of 2019, is amended to read as follows: 19 (m) (1) At least sixty days prior to the termination of a contract 20 between a hospital and an organization, the parties shall utilize a 21 mutually agreed upon mediator to assist in resolving any outstanding 22 contractual issues. The results of the mediation shall not be binding on 23 the parties. 24 (2) At least sixty days prior to the expiration or non-renewal of a 25 contract between a physician or physician group practice and a corpo- 26 ration, a physician or physician group may, at their discretion, utilize 27 a mutually agreed upon mediator to assist in resolving any outstanding 28 contractual issues. At least one week prior to the mediation, the 29 parties shall provide a written statement explaining their respective 30 positions, including but not limited to their rationale for the deci- 31 sion, regarding the non-renewal of the contract. The results of the 32 mediation shall not be binding on the parties. A terminated contract 33 between such parties shall be governed by section four thousand eight 34 hundred three of this chapter. 35 § 4. This act shall take effect on the ninetieth day after it shall 36 have become a law.