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. LBD02911-01-7S. 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.