A3551A-2011 Actions

• Oct 5, 2012: tabled
• Oct 3, 2012: vetoed memo.153
• Sep 21, 2012: delivered to governor
• Jun 12, 2012: RETURNED TO ASSEMBLY
• Jun 12, 2012: PASSED SENATE
• Jun 12, 2012: 3RD READING CAL.814
• Jun 12, 2012: SUBSTITUTED FOR S4660
• May 14, 2012: RECOMMITTED TO HEALTH
• May 14, 2012: returned to senate
• May 14, 2012: repassed assembly
• May 8, 2012: amended on third reading 3551a
• May 8, 2012: vote reconsidered - restored to third reading
• May 8, 2012: RETURNED TO ASSEMBLY
• May 8, 2012: recalled from senate
• Jan 30, 2012: REFERRED TO HEALTH
• Jan 30, 2012: delivered to senate
• Jan 30, 2012: passed assembly
• Jan 4, 2012: ordered to third reading cal.138
• Jan 4, 2012: RETURNED TO ASSEMBLY
• Jan 4, 2012: DIED IN SENATE
• Feb 14, 2011: REFERRED TO HEALTH
• Feb 14, 2011: delivered to senate
• Feb 14, 2011: passed assembly
• Feb 10, 2011: advanced to third reading cal.40
• Feb 8, 2011: reported
• Jan 25, 2011: referred to health

A3551A-2011 Votes

A3551A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   3551--A
                                                          Cal. No. 138

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                              January 25, 2011
                                 ___________

  Introduced by M. of A. GOTTFRIED, WEISENBERG, GALEF, PAULIN, CYMBROWITZ,
    LAVINE,  JAFFEE,  MONTESANO, MAGNARELLI -- Multi-Sponsored by -- M. of
    A.  BRENNAN,  BURLING,  CORWIN,  CROUCH,  MAGEE,  McENENY,  P. RIVERA,
    SAYWARD  --  read  once  and  referred  to  the Committee on Health --
    ordered to a third reading -- passed by Assembly and delivered to  the
    Senate,  recalled  from  the  Senate, vote reconsidered, bill amended,
    ordered reprinted, retaining its place on the order of third reading

  AN ACT to amend the public health  law,  in  relation  to  referrals  of
    patients for health or health related items or services

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Paragraph (g) of subdivision 2  of  section  238-a  of  the
  public  health  law,  as  added  by  chapter 803 of the laws of 1992, is
  amended to read as follows:

    (g) [in the case of any other financial relationship which the  public
  health  council  determines  and  specifies  in  regulations, subject to
  approval by the commissioner, does not pose a substantial risk of  payor
  or  patient  abuse  in  relation  to patient benefits consistent, to the
  extent practicable, with  financial  relationships  specified  in  regu-
  lations  adopted  pursuant  to  federal  law applicable to reimbursement
  pursuant to title XVIII of the federal social  security  act  (medicare)
  for  clinical  laboratory  services  provided  to beneficiaries of title
  XVIII of the federal social security  act  (medicare)]  ANY  ARRANGEMENT
  THAT, UNDER THE FEDERAL STATUTORY PROHIBITION ON CERTAIN REFERRALS CODI-
  FIED  AT  42 U.S.C. 1395NN AND REGULATIONS PROMULGATED THEREUNDER, WOULD
  BE AN ARRANGEMENT BETWEEN A PRACTITIONER (OR  IMMEDIATE  FAMILY  MEMBER)
  AND A HEALTH CARE PROVIDER THAT:

    (I) WOULD NOT BE A FINANCIAL RELATIONSHIP IF EXISTING BETWEEN A PHYSI-
  CIAN  AND AN ENTITY, AS SUCH TERMS ARE DEFINED UNDER SUCH FEDERAL LAW OR
  REGULATIONS; OR

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD02276-03-2

 A. 3551--A                          2

    (II) WOULD SATISFY THE REQUIREMENTS OF AN EXCEPTION RELATING TO FINAN-
  CIAL RELATIONSHIPS PROVIDED UNDER SUCH FEDERAL  LAW  OR  REGULATIONS  IF
  EXISTING  BETWEEN  A  PHYSICIAN AND AN ENTITY, AS SUCH TERMS ARE DEFINED
  UNDER SUCH FEDERAL LAW OR REGULATIONS.
    AN  ARRANGEMENT  SHALL NOT BE EXCEPTED UNDER THIS PARAGRAPH IF IT IS A
  PARTICULAR TYPE OF FINANCIAL RELATIONSHIP THAT WOULD POSE A  SUBSTANTIAL
  RISK  OF  PAYOR  OR  PATIENT  ABUSE,  AS DETERMINED AND SPECIFIED BY THE
  PUBLIC HEALTH AND HEALTH PLANNING COUNCIL  IN  REGULATIONS,  SUBJECT  TO
  APPROVAL BY THE COMMISSIONER.
    S  2.  Paragraph  (c)  of subdivision 6 of section 238-a of the public
  health law, as added by chapter 803 of the laws of 1992, is  amended  to
  read as follows:

    (c) provided further, however, that the following shall not constitute
  a referral by a referring practitioner:

    (i) a request by a practitioner for practitioners' services consisting
  solely of professional services to be furnished personally by that prac-
  titioner, or under that practitioner's supervision;
    (ii)  a  request  by  a pathologist for clinical diagnostic laboratory
  tests and  pathological  examination  services,  if  such  services  are
  furnished  by or under the supervision of such pathologist pursuant to a
  consultation requested by another practitioner; [and]
    (iii) a request by a  radiologist  for  diagnostic  x-ray  or  imaging
  services,  if such services are furnished by or under the supervision of
  such radiologist pursuant to a consultation requested by another practi-
  tioner[.]; AND
    (IV) A REFERRAL FOR ANY SERVICES EXCEPTED UNDER 42 U.S.C. S 1395NN AND
  REGULATIONS PROMULGATED THEREUNDER, UNLESS THE PUBLIC HEALTH AND  HEALTH
  PLANNING  COUNCIL  DETERMINES  AND  SPECIFIES IN REGULATIONS, SUBJECT TO
  APPROVAL BY THE COMMISSIONER, THAT A PARTICULAR TYPE OF  REFERRAL  WOULD
  POSE A SUBSTANTIAL RISK OF PAYOR OR PATIENT ABUSE IN RELATION TO PATIENT
  BENEFITS.
    S 3. This act shall take effect immediately.