NY S04788 | 2011-2012 | General Assembly

Status

Spectrum: Bipartisan Bill
Status: Introduced on April 25 2011 - 25% progression, died in committee
Action: 2012-01-04 - REFERRED TO JUDICIARY
Pending: Senate Judiciary Committee
Text: Latest bill text (Introduced) [HTML]

Summary

Provides for accountability of "health care organizations" (i.e., entities, other than a health care provider, that approve, provide, arrange for or pay for health care services, including a health plan's preferred provider organization): provides that whenever health care organizations delay, fail or refuse to approve, provide, arrange for, or pay for in a timely manner any health care service that it is contractually obligated to provide or cover for a person, it shall be liable for any personal injury, death or damages caused by delay, failure or refusal; provides that an organization shall be liable for acts by an agent, contractor, etc., for which the organization would be liable if the act were committed by the organization; imposes upon all health plans (including workers compensation and casualty insurers) the duty to exercise reasonable care when making decisions that affect the health care service of an enrollee, and in selecting and exerting influence over its employees, agents, etc., who act on its behalf regarding decisions that affect the quality of an enrollee's diagnosis, care or treatment; prohibits organizations from requiring a health care provider to indemnify or hold it harmless for its liability; related provisions.

Tracking Information

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Title

Provides for accountability of "health care organizations" (i.e., entities, other than a health care provider, that approve, provide, arrange for or pay for health care services, including a health plan's preferred provider organization): provides that whenever health care organizations delay, fail or refuse to approve, provide, arrange for, or pay for in a timely manner any health care service that it is contractually obligated to provide or cover for a person, it shall be liable for any personal injury, death or damages caused by delay, failure or refusal; provides that an organization shall be liable for acts by an agent, contractor, etc., for which the organization would be liable if the act were committed by the organization; imposes upon all health plans (including workers compensation and casualty insurers) the duty to exercise reasonable care when making decisions that affect the health care service of an enrollee, and in selecting and exerting influence over its employees, agents, etc., who act on its behalf regarding decisions that affect the quality of an enrollee's diagnosis, care or treatment; prohibits organizations from requiring a health care provider to indemnify or hold it harmless for its liability; related provisions.

Sponsors


History

DateChamberAction
2012-01-04SenateREFERRED TO JUDICIARY
2011-06-24SenateCOMMITTED TO RULES
2011-06-14SenateADVANCED TO THIRD READING
2011-06-13Senate2ND REPORT CAL.
2011-06-07Senate1ST REPORT CAL.1078
2011-04-25SenateREFERRED TO JUDICIARY

Same As/Similar To

A01540 (Same As) 2012-01-04 - referred to judiciary

New York State Sources


Bill Comments

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