Bill Text: NY S06948 | 2017-2018 | 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 (Republican 4-0)
Status: (Engrossed - Dead) 2018-06-20 - referred to ways and means [S06948 Detail]
Download: New_York-2017-S06948-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6948--A 2017-2018 Regular Sessions IN SENATE November 17, 2017 ___________ Introduced by Sens. HANNON, SEWARD, LARKIN, RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- recommitted to the Committee on Health in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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. Title 4 of article 29-D of the public health law is amended 2 by adding two new sections 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, in 8 consultation with the superintendent of financial services, shall 9 appoint a full-time medical indemnity fund ombudsman to administer and 10 supervise the office of the state medical indemnity fund ombudsman. The 11 medical indemnity fund ombudsman shall be selected from among individ- 12 uals with expertise and experience in the field of neurological injuries 13 and advocacy, and with such other qualifications as shall be determined 14 by the commissioner, in consultation with the superintendent of finan- 15 cial services. Such ombudsman may, with approval of the commissioner, in 16 consultation with the superintendent of financial services, appoint one 17 or more authorized deputies to assist in his or her duties pursuant to 18 this section; provided, however, that no such deputy shall have any 19 conflict of interest, or be employed by the fund administrator or other EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13790-03-8S. 6948--A 2 1 party involved in the management of the fund. The medical indemnity fund 2 ombudsman shall, personally or through authorized deputies: 3 (a) identify, investigate and resolve complaints that are made by or 4 on behalf of qualified plaintiffs, and that relate to actions, inactions 5 or decisions that may adversely affect the health, safety, welfare or 6 rights of qualified plaintiffs; 7 (b) provide services to assist qualified plaintiffs, or their repre- 8 sentatives, in navigating the fund and understanding the fund's regu- 9 lations, guidelines and procedures; 10 (c) inform qualified plaintiffs, or their representatives, of their 11 rights and means of obtaining the services, supplies and modifications 12 to which they are entitled; 13 (d) analyze and monitor implementation of the laws and regulations 14 relating to the fund; and 15 (e) carry out other such activities as the commissioner, in consulta- 16 tion with the superintendent of financial services, shall determine 17 appropriate. 18 2. Neither the medical indemnity fund ombudsman, nor any of his or her 19 deputies shall disclose to any person outside the office of the state 20 medical indemnity fund ombudsman any information obtained from a quali- 21 fied plaintiff's records without the consent of the qualified plaintiff 22 or his or her representative. 23 3. Within one year of the effective date of this section, and annually 24 thereafter, the medical indemnity fund ombudsman shall submit to the 25 commissioner, the superintendent of financial services, the speaker of 26 the assembly and the temporary president of the senate, a report which 27 shall include, but not be limited to, a detailed summary of the activ- 28 ities of the office of the state medical indemnity fund ombudsman, data 29 regarding the complaints and issues within the fund, the process used in 30 resolving issues, and recommendations for legislative or regulatory 31 amendments to improve the fund. 32 § 2999-l. Medical indemnity fund advisory panel. There is hereby 33 established an advisory panel to be comprised of the commissioner, the 34 superintendent of financial services, qualified plaintiffs or represen- 35 tatives of qualified plaintiffs, physicians, medical suppliers, advo- 36 cates and other interested parties. The advisory panel shall be 37 co-chaired by the commissioner and the superintendent of financial 38 services, and shall be composed of not less than nine additional members 39 appointed by the governor, of which two shall be appointed upon recom- 40 mendation of the temporary president of the senate and two shall be 41 appointed upon the recommendation of the speaker of the assembly. The 42 advisory panel shall meet biannually, with the first meeting occurring 43 within one hundred eighty days of the effective date of this section, to 44 discuss the functioning of the fund and any relevant issues. The commis- 45 sioner and the superintendent of financial services shall consider the 46 input and comments of the advisory panel in drafting and amending regu- 47 lations, guidelines or policies pertaining to the fund administration. 48 § 2. This act shall take effect on the ninetieth day after it shall 49 have become a law; provided, however, that effective immediately, the 50 addition, amendment and/or repeal of any rule or regulation necessary 51 for the implementation of this act on its effective date are authorized 52 and directed to be made and completed on or before such effective date.