Bill Text: NY A02076 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to insurance and protocols for ambulance services.

Spectrum: Moderate Partisan Bill (Democrat 11-2)

Status: (Introduced - Dead) 2016-01-06 - referred to health [A02076 Detail]

Download: New_York-2015-A02076-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2076
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 15, 2015
                                      ___________
       Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
         Committee on Health
       AN ACT to amend the public health law,  in  relation  to  insurance  and
         protocols for ambulance services
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. This act shall be known and may be cited as "Jimmy's Law".
    2    S 2. Section 3001 of the public health law is amended by adding a  new
    3  subdivision 22 to read as follows:
    4    22.  "MOBILE  TO  MOBILE  TRANSFER"  MEANS  THE  TRANSFER OF A PATIENT
    5  BETWEEN TWO AMBULANCE SERVICES THAT ARE ENGAGED IN THE TRANSPORT OF  THE
    6  PATIENT BY MOTOR VEHICLE, AIRCRAFT OR OTHER FORMS OF TRANSPORTATION.
    7    S  3. Section 3005 of the public health law is amended by adding a new
    8  subdivision 9 to read as follows:
    9    9. ON OR AFTER JANUARY  FIRST,  TWO  THOUSAND  SIXTEEN,  NO  AMBULANCE
   10  SERVICE  SHALL  OPERATE  IN  THE STATE OF NEW YORK UNLESS IT POSSESSES A
   11  VALID CERTIFICATE OF INSURANCE THAT IS IN COMPLIANCE WITH THE PROVISIONS
   12  OF SECTION THREE THOUSAND THIRTEEN-A OF THIS ARTICLE.
   13    S 4. The public health law is amended by adding a new  section  3013-a
   14  to read as follows:
   15    S  3013-A. MINIMUM LIABILITY STANDARDS FOR AMBULANCE SERVICES. 1.  FOR
   16  THE PURPOSES OF THIS SECTION "MEDICAL MALPRACTICE INSURANCE" SHALL  MEAN
   17  INSURANCE  AGAINST  LEGAL  LIABILITY  OF  THE INSURED, AND AGAINST LOSS,
   18  DAMAGE, OR EXPENSE INCIDENT TO A CLAIM OF SUCH LIABILITY ARISING OUT  OF
   19  THE  DEATH  OR  INJURY  OF  ANY PERSON DUE TO MEDICAL MALPRACTICE BY ANY
   20  EMERGENCY MEDICAL TECHNICIAN, ADVANCED EMERGENCY MEDICAL TECHNICIAN,  OR
   21  QUALIFIED MEDICAL AND HEALTH PERSONNEL.
   22    2.  ALL  OPERATORS OF AN AMBULANCE SERVICE MUST MAINTAIN THE FOLLOWING
   23  MINIMUM MEDICAL MALPRACTICE INSURANCE REQUIREMENTS:
   24    (A) AT LEAST ONE MILLION DOLLARS OF COVERAGE PER OCCURRENCE; AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02975-01-5
       A. 2076                             2
    1    (B) AT LEAST THREE MILLION DOLLARS OF COVERAGE FOR ALL OCCURRENCES PER
    2  POLICY YEAR.
    3    3.  THE  OPERATOR SHALL PROVIDE PROOF OF INSURANCE TO THE COMMISSIONER
    4  PRIOR TO OBTAINING AN AMBULANCE SERVICE CERTIFICATE OR UPON  RENEWAL  OF
    5  AN AMBULANCE CERTIFICATE.
    6    S  5.  The public health law is amended by adding a new section 3000-e
    7  to read as follows:
    8    S 3000-E. TRANSFER OF CARE PROTOCOL. NO AMBULANCE SERVICE SHALL  LEAVE
    9  THE  VICINITY  OF  THE  TRANSFER AREA DURING A MOBILE TO MOBILE TRANSFER
   10  UNTIL THE PATIENT IS SECURE AND ALL ADVANCED LIFE  SUPPORT  SYSTEMS  ARE
   11  SUCCESSFULLY CONNECTED IN THE RECEIVING AMBULANCE SERVICE.
   12    S  6.  The New York state emergency medical services council is hereby
   13  authorized to enact rules and  regulations,  with  the  consent  of  the
   14  commissioner of health, as necessary to implement the provisions of this
   15  act.
   16    S 7. This act shall take effect January 1, 2016.