Bill Text: NY S02244 | 2017-2018 | General Assembly | Introduced


Bill Title: Allows health insurers to offer out-of-network coverage outside of the health benefit exchange.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO HEALTH [S02244 Detail]

Download: New_York-2017-S02244-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2244
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 12, 2017
                                       ___________
        Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health
        AN ACT to amend the public health law and the insurance law, in relation
          to allowing health care insurers to offer out-of-network coverage
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1.  Section 4403 of the public health law is amended by adding
     2  a new subdivision 9 to read as follows:
     3    9.    Notwithstanding  any  rule  or regulation to the contrary, every
     4  health maintenance organization may offer, pursuant to other  provisions
     5  of  law,  out-of-network coverage outside of the health benefit exchange
     6  regardless of whether such coverage is made available within the  health
     7  benefit exchange.
     8    §  2.  Section 3217-e of the insurance law, as added by chapter 219 of
     9  the laws of 2011, is amended to read as follows:
    10    § 3217-e. Choice of health care  provider.  (a)  An  insurer  that  is
    11  subject  to  this article and requires or provides for designation by an
    12  insured of a  participating  primary  care  provider  shall  permit  the
    13  insured  to  designate  any  participating  primary care provider who is
    14  available to accept such individual, and in the case of a  child,  shall
    15  permit  the insured to designate a physician (allopathic or osteopathic)
    16  who specializes in pediatrics as the child's primary  care  provider  if
    17  such provider participates in the network of the insurer.
    18    (b)  Notwithstanding  any  rule  or  regulation to the contrary, every
    19  insurer that offers health insurance and is subject to the provisions of
    20  this article, may offer, pursuant to other provisions  of  law,  out-of-
    21  network  coverage  outside  of the health benefit exchange regardless of
    22  whether such coverage  is  made  available  within  the  health  benefit
    23  exchange.
    24    §  3.  Section 4306-d of the insurance law, as added by chapter 219 of
    25  the laws of 2011, is amended to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02911-01-7

        S. 2244                             2
     1    § 4306-d. Choice of health care provider. (a) A  corporation  that  is
     2  subject  to  the provisions of this article and requires or provides for
     3  designation by a subscriber of a  participating  primary  care  provider
     4  shall  permit the subscriber to designate any participating primary care
     5  provider  who is available to accept such individual, and in the case of
     6  a child, shall permit the subscriber to designate a physician (allopath-
     7  ic or osteopathic) who specializes in pediatrics as the child's  primary
     8  care provider if such provider participates in the network of the corpo-
     9  ration.
    10    (b)  Notwithstanding  any  rule  or  regulation to the contrary, every
    11  corporation that is subject to  the  provisions  of  this  article,  may
    12  offer,  pursuant  to  other  provisions  of law, out-of-network coverage
    13  outside of the health benefit exchange regardless of whether such cover-
    14  age is made available within the health benefit exchange.
    15    § 4. This act shall  take  effect  immediately,  and  shall  apply  to
    16  contracts  and policies issued, renewed, modified or amended on or after
    17  such date.
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