Advocacy

Legislation Session Ends With These Results

Legislature passes bill to reduce certain prior authorization requirements, preventing interruption of care.  A.2880-B/S.5328-B is designed to reduce insurer prior authorization (PA) requirements when a PA for a related procedure has already been received.  If a physician providing a treatment for which a PA has been received determines that providing an additional or related service or procedure is “immediately necessary as part of such treatment,” and that it would not be “medically advisable to interrupt…care” in order to obtain a PA, then the insurer is not permitted to deny the claim, except under limited circumstances.

Legislature rejects Liability Expansion bills that could have greatly increased premiums.  Though the trial lawyers aggressively pushed the State Legislature on several adverse bills in the Session’s final days, the Legislature left Albany without taking action on many of the trial lawyers’ high-priority bills, which would have driven up liability costs and made it harder for physicians to defend themselves in medical liability actions. These bills would have: Exponentially expanded awardable damages in wrongful-death lawsuits (S.4006/A.5612); prohibited a defendant physician from interviewing a plaintiff’s treating physician (S.6194/A.2370); and permitted the admissibility of certain “hearsay” statements by employees (A.7599/S.6335).

Legislature passes bill  assuring that the only permitted exception to New York’s vaccination requirements will be when there are medical contraindications. Governor Andrew Cuomo has already signed this bill into law.  The bill allows a school-age child who has begun the immunization process to attend school in Fall 2019. The law becomes fully effective in June, 2020. NYSNS was part of a coalition of specialty societies and public health and education entities, led by the Medical Society of the State of New York, to fight for this measure.

Legislation Update  June 19, 2019

The State Legislature is currently considering multiple bills that would drastically increase medical liability insurance premiums and decrease patients’ access to essential health care services.  Malpractice payouts in New York State continue to be far out of proportion to the rest of country, and WalletHub has again listed New York as the worst state in the country in which to be a doctor.  Send emails right now!  Go to  Write an Email NOW

 

Wrongful Death (S4006 Hoylman/A5612 Dinowitz) – passage could increase premiums by 47 percent!  This bill would expand wrongful death awards by adding compensation for grief or anguish, and for the loss of love, companionship, nurture, guidance, services and support.

 

“Patient Privacy Act” (S6194 Parker/A2370 Dinowitz):  The defendant physician’s attorney would not be permitted to interview the plaintiff’s treating physician – and so, would be less able to evaluate the claim.

 

Liability Exposure (S6081 Hoylman/A2372 Dinowitz):  This bill would “jump over” current law, whereby the plaintiff can only receive what the jury has awarded.  Under certain circumstances the plaintiff could be unjustly enriched.

 

Recovery Against Third-Party Defendant (S6552 Skoufis/ A2372 Dinowitz):  The plaintiff – bypassing the defendant he or she had actually sued – could go after a third party the defendant had sued (for contribution or indemnification).

 

Admissibility of Opposing Party’s Statement (S6335 Hoylman/ A7599 Dinowitz):  Despite years of legal precedent, if this bill passed, “hearsay” could actually be admitted (given an employment or agency relationship)!  The result could be unfair and inaccurate claims.

Legislature passes bill to reduce certain prior authorization requirements, preventing interruption of care.  A.2880-B/S.5328-B is designed to reduce insurer prior authorization (PA) requirements when a PA for a related procedure has already been received.  If a physician providing a treatment for which a PA has been received determines that providing an additional or related service or procedure is “immediately necessary as part of such treatment,” and that it would not be “medically advisable to interrupt…care” in order to obtain a PA, then the insurer is not permitted to deny the claim, except under limited circumstances.

Legislature rejects Liability Expansion bills that could have greatly increased premiums.  Though the trial lawyers aggressively pushed the State Legislature on several adverse bills in the Session’s final days, the Legislature left Albany without taking action on many of the trial lawyers’ high-priority bills, which would have driven up liability costs and made it harder for physicians to defend themselves in medical liability actions. These bills would have: Exponentially expanded awardable damages in wrongful-death lawsuits (S.4006/A.5612); prohibited a defendant physician from interviewing a plaintiff’s treating physician (S.6194/A.2370); and permitted the admissibility of certain “hearsay” statements by employees (A.7599/S.6335).

Legislature passes bill  assuring that the only permitted exception to New York’s vaccination requirements will be when there are medical contraindications. Governor Andrew Cuomo has already signed this bill into law.  The bill allows a school-age child who has begun the immunization process to attend school in Fall 2019. The law becomes fully effective in June, 2020. NYSNS was part of a coalition of specialty societies and public health and education entities, led by the Medical Society of the State of New York, to fight for this measure.

Legislation Update    June 14, 2019

The New York State Neurological Society is proud to have been part of the coalition that fought for immunizations and a stop to the measles epidemic in New York.   If you have a moment, thank Assemblymember Jeffrey Dinowitz (office number  (518) 455-5965) from the Bronx  and Senator Brad Hoylman (office number  (518)455-2451) from  Manhattan.  They continued a fight in the face of vocal and intimidating opposition.

Cuomo signs ban on nonmedical vaccine exemptions via

Legislation Update   May 4, 2019

The Board of Directors of NYSNS has signed on with a number of other medical societies around the State of New York supporting  1) Assembly Bill 2371/Senate Bill 2994 which would clarify that the only permissible exception from New York’s vaccination requirements is for patient medical conditions that would place patients who are immunized at risk for adverse outcome; and 2)  Assembly Bill 3038/Senate Bill 2847 which would significantly reduce the exorbitant pre-authorization barriers experienced by patients and their physicians that get in the way of timely treatment and medication and would help to protect consumers’ access to their prescription drugs.

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