Bill Text: NY A04985 | 2021-2022 | General Assembly | Amended
Bill Title: Establishes an office of the state medical indemnity fund ombudsman and a medical indemnity fund advisory panel to advocate for, assist and represent the interests of qualified plaintiffs.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-01-05 - referred to ways and means [A04985 Detail]
Download: New_York-2021-A04985-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4985--A 2021-2022 Regular Sessions IN ASSEMBLY February 10, 2021 ___________ Introduced by M. of A. ABINANTI, BARRON -- read once and referred to the Committee on Health -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to establishing an office of the state medical indemnity fund ombudsman and a medical indemnity fund advisory panel The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public health law is amended by adding two new sections 2 2999-k and 2999-l to read as follows: 3 § 2999-k. Medical indemnity fund ombudsman. 1. There is hereby estab- 4 lished an office of the state medical indemnity fund ombudsman for the 5 purpose of receiving and resolving complaints affecting qualified plain- 6 tiffs, where appropriate, referring such complaints to the appropriate 7 agencies and acting in concert with such agencies. The commissioner 8 shall appoint a full-time medical indemnity fund ombudsman to administer 9 and supervise the office of the state medical indemnity fund ombudsman. 10 The medical indemnity fund ombudsman shall be selected from among indi- 11 viduals with expertise and experience in the field of neurological inju- 12 ries and advocacy, and with such other qualifications as shall be deter- 13 mined by the commissioner. Such ombudsman may, with approval of the 14 commissioner, appoint one or more authorized deputies to assist in his 15 or her duties pursuant to this section; provided, however, that no such 16 deputy shall have any conflict of interest, or be employed by the fund 17 administrator or other party involved in the management of the fund. The 18 medical indemnity fund ombudsman shall, personally or through authorized 19 deputies: 20 (a) identify, investigate and resolve complaints that are made by or 21 on behalf of qualified plaintiffs, and that relate to actions, inactions EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01403-02-1A. 4985--A 2 1 or decisions that may adversely affect the health, safety, welfare or 2 rights of qualified plaintiffs; 3 (b) provide services to assist qualified plaintiffs, or their repre- 4 sentatives, in navigating the fund and understanding the fund's regu- 5 lations, guidelines and procedures; 6 (c) inform qualified plaintiffs, or their representatives, of their 7 rights and means of obtaining the services, supplies and modifications 8 to which they are entitled; 9 (d) analyze and monitor implementation of the laws and regulations 10 relating to the fund; and 11 (e) carry out other such activities as the commissioner shall deter- 12 mine appropriate. 13 2. Neither the medical indemnity fund ombudsman, nor any of his or her 14 deputies shall disclose to any person outside the office of the state 15 medical indemnity fund ombudsman any information obtained from a quali- 16 fied plaintiff's records without the consent of the qualified plaintiff 17 or his or her representative. 18 3. Within one year of the effective date of this section, and annually 19 thereafter, the medical indemnity fund ombudsman shall submit to the 20 commissioner, the speaker of the assembly and the temporary president of 21 the senate, a report which shall include, but not be limited to, a 22 detailed summary of the activities of the office of the state medical 23 indemnity fund ombudsman, data regarding the complaints and issues with- 24 in the fund, the process used in resolving issues, and recommendations 25 for legislative or regulatory amendments to improve the fund. 26 § 2999-l. Medical indemnity fund advisory panel. There is hereby 27 established an advisory panel to be comprised of the commissioner, qual- 28 ified plaintiffs or representatives of qualified plaintiffs, physicians, 29 medical suppliers, advocates and other interested parties. The advisory 30 panel shall be chaired by the commissioner and shall be composed of not 31 less than nine additional members appointed by the governor, of which 32 two shall be appointed upon recommendation of the temporary president of 33 the senate and two shall be appointed upon the recommendation of the 34 speaker of the assembly. The advisory panel shall meet biannually, with 35 the first meeting occurring within one hundred eighty days of the effec- 36 tive date of this section, to discuss the functioning of the fund and 37 any relevant issues. The commissioner shall consider the input and 38 comments of the advisory panel in drafting and amending regulations, 39 guidelines or policies pertaining to the fund administration. 40 § 2. This act shall take effect on the ninetieth day after it shall 41 have become a law. Effective immediately, the addition, amendment and/or 42 repeal of any rule or regulation necessary for the implementation of 43 this act on its effective date are authorized to be made and completed 44 on or before such effective date.
