Bill Text: NY A00662 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to the definition of a clinical peer reviewer by clarifying that such term shall be applicable for the entire utilization review and external appeal article and means either a physician or a health care professional with certain qualifications.
Spectrum: Strong Partisan Bill (Democrat 12-1)
Status: (Engrossed - Dead) 2012-01-19 - REFERRED TO HEALTH [A00662 Detail]
Download: New_York-2011-A00662-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 662 2011-2012 Regular Sessions I N A S S E M B L Y (PREFILED) January 5, 2011 ___________ Introduced by M. of A. GOTTFRIED, DINOWITZ, GALEF, KAVANAGH, PAULIN, SCHIMEL -- Multi-Sponsored by -- M. of A. JACOBS, KELLNER, J. MILLER, TOWNS -- read once and referred to the Committee on Health AN ACT to amend the public health law and the insurance law, in relation to the definition of clinical peer reviewer THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 2 of section 4900 of the public health law, as 2 amended by chapter 586 of the laws of 1998, is amended to read as 3 follows: 4 2. "Clinical peer reviewer" means: 5 (a) [for purposes of title one of this article: 6 (i) a physician who possesses a current and valid non-restricted 7 license to practice medicine; or 8 (ii) a health care professional other than a licensed physician who: 9 (A) where applicable, possesses a current and valid non-restricted 10 license, certificate or registration or, where no provision for a 11 license, certificate or registration exists, is credentialed by the 12 national accrediting body appropriate to the profession; and 13 (B) is in the same profession and same or similar specialty as the 14 health care provider who typically manages the medical condition or 15 disease or provides the health care service or treatment under review; 16 and 17 (b) for purposes of title two of this article: 18 (i)] a physician who: 19 [(A)] (I) possesses a current and valid non-restricted license to 20 practice medicine; 21 [(B)] (II) where applicable, is board certified or board eligible in 22 the same or similar specialty as the health care provider who typically EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02275-01-1 A. 662 2 1 manages the medical condition or disease or provides the health care 2 service or treatment under REVIEW OR appeal; 3 [(C)] (III) has been practicing in such area of specialty for a period 4 of at least five years; and 5 [(D)] (IV) is knowledgeable about the health care service or treatment 6 under REVIEW OR appeal; or 7 [(ii)] (B) a health care professional other than a licensed physician 8 who: 9 [(A)] (I) where applicable, possesses a current and valid non-res- 10 tricted license, certificate or registration; 11 [(B)] (II) where applicable, is credentialed by the national accredit- 12 ing body appropriate to the profession in the same profession and same 13 or similar specialty as the health care provider who typically manages 14 the medical condition or disease or provides the health care service or 15 treatment under REVIEW OR appeal; 16 [(C)] (III) has been practicing in such area of specialty for a period 17 of at least five years; 18 [(D)] (IV) is knowledgeable about the health care service or treatment 19 under REVIEW OR appeal; and 20 [(E)] (V) where applicable to such health care professional's scope of 21 practice, is clinically supported by a physician who possesses a current 22 and valid non-restricted license to practice medicine. 23 [(c)] Nothing [herein] IN THIS SUBDIVISION shall be construed to 24 change any statutorily-defined scope of practice. 25 S 2. Subsection (b) of section 4900 of the insurance law, as amended 26 by chapter 586 of the laws of 1998, is amended to read as follows: 27 (b) "Clinical peer reviewer" means: 28 (1) [for purposes of title one of this article: 29 (A) a physician who possesses a current and valid non-restricted 30 license to practice medicine; or 31 (B) a health care professional other than a licensed physician who: 32 (i) where applicable, possesses a current and valid non-restricted 33 license, certificate or registration or, where no provision for a 34 license, certificate or registration exists, is credentialed by the 35 national accrediting body appropriate to the profession; and 36 (ii) is in the same profession and same or similar specialty as the 37 health care provider who typically manages the medical condition or 38 disease or provides the health care service or treatment under review; 39 and 40 (2) for purposes of title two of this article: 41 (A)] a physician who: 42 [(i)] (A) possesses a current and valid non-restricted license to 43 practice medicine; 44 [(ii)] (B) where applicable, is board certified or board eligible in 45 the same or similar specialty as the health care provider who typically 46 manages the medical condition or disease or provides the health care 47 service or treatment under REVIEW OR appeal; 48 [(iii)] (C) has been practicing in such area of specialty for a period 49 of at least five years; and 50 [(iv)] (D) is knowledgeable about the health care service or treatment 51 under REVIEW OR appeal; or 52 [(B)] (2) a health care professional other than a licensed physician 53 who: 54 [(i)] (A) where applicable, possesses a current and valid non-res- 55 tricted license, certificate or registration; A. 662 3 1 [(ii)] (B) where applicable, is credentialed by the national accredit- 2 ing body appropriate to the profession in the same profession and same 3 or similar specialty as the health care provider who typically manages 4 the medical condition or disease or provides the health care service or 5 treatment under REVIEW OR appeal; 6 [(iii)] (C) has been practicing in such area of specialty for a period 7 of at least five years; 8 [(iv)] (D) is knowledgeable about the health care service or treatment 9 under REVIEW OR appeal; and 10 [(v)] (E) where applicable to such health care professional's scope of 11 practice, is clinically supported by a physician who possesses a current 12 and valid non-restricted license to practice medicine. 13 [(3)] Nothing [herein] IN THIS SUBSECTION shall be construed to change 14 any statutorily-defined scope of practice. 15 S 3. This act shall take effect on the ninetieth day after it shall 16 have become a law.