Bill S4424-2011

Provides for the reporting of medical malpractice to the office of professional medical conduct

Provides for the reporting of medical malpractice to the office of professional medical conduct; requires the court to notify the office of professional misconduct and a physician's place or places of employment upon the filing of a felony complaint against a physician filed in this state; requires the court to notify the office of professional misconduct upon the filing of a misdemeanor complaint against a physician filed in this state.

Details

Actions

  • Jan 4, 2012: REFERRED TO HEALTH
  • Apr 5, 2011: REFERRED TO HEALTH

Memo

BILL NUMBER:S4424

TITLE OF BILL:

An act to amend the public health law, the insurance law, and the criminal procedure law, in relation to requiring the reporting of medical malpractice to the office of professional medical conduct

PURPOSE OR GENERAL IDEA OF BILL:

To more effectively hold medical professionals accountable for egregious repetitive occurrences of unsafe, reckless, harmful, and non-professional actions and to allow for accountability in the medical profession for criminal behavior; to facilitate earlier detection of patterns of unacceptable behavior by certain medical professionals.

SUMMARY OF SPECIFIC PROVISIONS:

Adds new subsection 9-b to §230 of the Public Health Law to require the Office of Professional Medical Conduct (OPMC) to initiate professional misconduct proceedings against any physician who has accrued three reports within a 5-year period, including reports already required to be made to the OPMC in the New York Codes Rules and Regulations.

Adds new paragraphs (3) and (4) to subsection (b) of §315 the Insurance Law and amends other paragraphs of the same section to require insurance companies to report any medical malpractice dispositions against a medical professional to OPMC.

Adds a new paragraph (7) to subsection (b) of §4803 the Insurance Law to require a managed care company or organization to report the termination of a physician's contract to OPMC, as well as a physician's resignation upon an internal conduct investigation.

Adds new subsection (10) to § 170.10 of the Criminal Procedure Law to require courts to report the filing of a misdemeanor criminal conviction against a physician to OPMC as well as to that physician's employer(s).

Adds new § 180.90 to the Criminal Procedure Law to require courts to report the filing of a felony criminal indictment against a physician to (OPMC as well as to that physician's employer, if the criminal indictment relates to the physician's employment.

EXISTING LAW:

Current law requires only minimal and periodic reporting from insurance companies, hospitals and district attorneys as to instances of professional misconduct by physicians. Most reporting does not go to OPMC, which is responsible for overseeing such conduct. Reports of dispositions from medical malpractice insurance carriers upon judgment or settlement are currently required, but only to the Department of Health; those reports are not received by OPMC. Hospitals are the

only entity required to report termination for conduct to OPMC. Even still, many incidents within those realms go unreported through loop-holes in the current reporting mechanisms. Additionally, even when credible reports are received, no mandate exists requiring OPMC to act in disciplining or even investigating the health care providers who are the subject of such reports.

JUSTIFICATION:

Two percent of physicians in the state of New York account for over 1/3 of the medical malpractice payouts in the state. Nearly 90% of physicians in New York have not paid a single malpractice claim in the last decade. This super-minority of medical professionals has plagued the rest of the dignified profession who practice medicine responsibly but find it difficult to afford the costs of medical malpractice insurance premiums. Not only are they a detriment to their professional colleagues, but a danger to patients as well.

Nationally, only 16% of those doctors who paid out 5 or more medical malpractice claims in ten years faced any kind of licensure action. This proposed legislation will effectively add meat to the bare boned policy of holding doctors accountable for their actions, especially recurring ones. For example, in New York between 1988 & 1998, 15 practitioners accounted for 412 medical malpractice suits and yet only two of them lost their license. By requiring reporting from all relevant sources and mandating action by OPMC after enough reports have piled up against one individual in a short period of time, this legislation ensures that a timely investigation is done and any wan-anted action is taken to combat bad professional conduct by physicians.

This bill will drive down costs of medical malpractice insurance in the state by identifying and removing bad doctors quickly, thus reducing the occurrences of actual medical malpractice. The entire medical profession in New York does not deserve to suffer from the actions of a minority of its practitioners, and neither do patients. This bill seeks to single out those few "bad apples" and make sure that patients as well as other doctors are protected from their harmful acts.

PRIOR LEGISLATIVE HISTORY:

2005: A.7829/S.4906 - Assembly Calendar/Senate Insurance Committee 2006: A.7829/S.4906 - Assembly Health Committee/Senate Insurance Committee 2007: A.5995B/S.6534A - Assembly Health Committee/Senate Rules Committee 2008: A.5995B/S.56534A - Assembly Codes Committee/Senate Health Committee

FISCAL IMPLICATIONS:

None. There exists no fiscal implication to the state as OPMC is currently staffed and funded sufficiently to handle the increase in conduct reports likely to be generated by this legislation.

EFFECTIVE DATE:

90 days following enactment.


Text

STATE OF NEW YORK ________________________________________________________________________ 4424 2011-2012 Regular Sessions IN SENATE April 5, 2011 ___________
Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, the insurance law and the crimi- nal procedure law, in relation to requiring the reporting of medical malpractice to the office of professional medical conduct THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 230 of the public health law is amended by adding a new subdivision 9-b to read as follows: 9-B. (A) AT ANY TIME, IF THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT HAS ACCRUED A TOTAL OF THREE REPORTS RELATING TO SEPARATE INCIDENTS CONCERNING ONE LICENSEE PURSUANT TO PARAGRAPH THREE OF SUBSECTION (B) OF SECTION THREE HUNDRED FIFTEEN OF THE INSURANCE LAW OR PARAGRAPH SEVEN OF SUBSECTION (B) OF SECTION FOUR THOUSAND EIGHT HUNDRED THREE OF THE INSURANCE LAW, SECTION 170.10 OR 180.90 OF THE CRIMINAL PROCEDURE LAW, SECTION TWENTY-EIGHT HUNDRED THREE-E OF THIS CHAPTER, AS ADDED BY CHAP- TER EIGHT HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED EIGHTY OR SECTION FORTY-FOUR HUNDRED FIVE-B OF THIS CHAPTER, IN ANY FIVE CONSEC- UTIVE YEARS, THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT SHALL COMMENCE A PROFESSIONAL MISCONDUCT INVESTIGATION, AS SET OUT IN SUBDIVISION TEN OF THIS SECTION, AGAINST SUCH LICENSEE. NOTHING IN THIS SUBDIVISION SHALL PRECLUDE THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT FROM COMMENCING A PROFESSIONAL MISCONDUCT INVESTIGATION AGAINST A LICENSEE AT ANY TIME PRIOR TO THE RECEIPT OF THREE SUCH REPORTS IN FIVE YEARS. (B) AT ANY TIME, IF THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT HAS ACCRUED A TOTAL OF FIVE REPORTS RELATING TO SEPARATE INCIDENTS CONCERN- ING ONE LICENSEE PURSUANT TO PARAGRAPH FOUR OF SUBSECTION (B) OF SECTION THREE HUNDRED FIFTEEN OF THE INSURANCE LAW OR UNDER PARAGRAPH (A) OF THIS SUBDIVISION IN ANY TWO CONSECUTIVE YEARS, THE OFFICE OF PROFES- SIONAL MEDICAL CONDUCT SHALL COMMENCE A PROFESSIONAL MISCONDUCT INVESTI- GATION, AS SET OUT IN SUBDIVISION TEN OF THIS SECTION, AGAINST SUCH
LICENSEE. NOTHING IN THIS PROVISION SHALL PRECLUDE THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT FROM COMMENCING A PROFESSIONAL MISCONDUCT INVESTIGATION AGAINST A LICENSEE AT ANY TIME PRIOR TO THE RECEIPT OF FIVE SUCH REPORTS IN TWO YEARS. S 2. Subsection (b) of section 315 of the insurance law is amended by adding two new paragraphs 3 and 4 to read as follows: (3) IN ADDITION TO THE REPORTS REQUIRED BY THIS SUBSECTION, EVERY INSURANCE COMPANY ENGAGED IN ISSUING PROFESSIONAL MEDICAL MALPRACTICE INSURANCE IN THIS STATE SHALL REPORT ANY DISPOSITION, WHETHER BY JUDG- MENT OR SETTLEMENT, OF ANY CLAIM AGAINST A PHYSICIAN, PHYSICIAN'S ASSISTANT, SPECIALIST'S ASSISTANT, OR HOSPITAL LICENSED IN THE STATE, TO THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT WITHIN THIRTY DAYS OF SUCH DISPOSITION. EACH HOSPITAL OR INDIVIDUAL LICENSED TO OPERATE IN THE STATE THAT IS SELF INSURED FOR MEDICAL MALPRACTICE OR INSURED BY A COMPANY NOT LICENSED TO DO BUSINESS WITHIN THE STATE SHALL ALSO REPORT ANY DISPOSITION, WHETHER BY JUDGMENT OR SETTLEMENT, OF ANY CLAIM FOR MEDICAL MALPRACTICE TO THE OFFICE OF MEDICAL CONDUCT WITHIN THIRTY DAYS OF SUCH DISPOSITION. (4) IN ADDITION TO THE REPORTS REQUIRED BY THIS SUBSECTION, EVERY INSURANCE COMPANY ENGAGED IN ISSUING PROFESSIONAL MEDICAL MALPRACTICE INSURANCE IN THIS STATE SHALL REPORT ANY NOTICE OF LEGAL ACTION AGAINST A PHYSICIAN, PHYSICIAN'S ASSISTANT, SPECIALIST'S ASSISTANT, OR HOSPITAL LICENSED IN THE STATE, TO THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT WITHIN TEN DAYS OF RECEIPT OF SUCH NOTICE. EACH HOSPITAL OR INDIVIDUAL LICENSED TO OPERATE IN THE STATE THAT IS SELF INSURED FOR MEDICAL MALP- RACTICE OR INSURED BY A COMPANY NOT LICENSED TO DO BUSINESS WITHIN THE STATE SHALL ALSO REPORT ANY NOTICE OF LEGAL ACTION FOR MEDICAL MALPRAC- TICE AGAINST SUCH HOSPITAL OR INDIVIDUAL TO THE OFFICE OF MEDICAL CONDUCT WITHIN TEN DAYS OF RECEIPT OF SUCH NOTICE. S 3. Subsection (b) of section 4803 of the insurance law is amended by adding a new paragraph 7 to read as follows: (7)(A) A MANAGED CARE ORGANIZATION SHALL REPORT IN WRITING TO THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT WITHIN THIRTY DAYS OF THE OCCUR- RENCE OF DENIAL, SUSPENSION, RESTRICTION, TERMINATION, OR CURTAILMENT OF TRAINING, EMPLOYMENT, ASSOCIATION OR PROFESSIONAL PRIVILEGES OR THE DENIAL OF CERTIFICATION OF COMPLETION OF TRAINING OF ANY PHYSICIAN, PHYSICIAN'S ASSISTANT, OR SPECIALIST'S ASSISTANT LICENSED BY THE STATE FOR REASONS RELATED TO ANY OF THE FOLLOWING: (1) ALLEGED MENTAL OR PHYSICAL IMPAIRMENT, INCOMPETENCE, MALPRACTICE, MISCONDUCT OR ENDANGERMENT OF PATIENT SAFETY OR WELFARE; (2) ANY PROFESSIONAL REVIEW ACTION THAT ADVERSELY AFFECTS THE CLINICAL PRIVILEGES OF SUCH INDIVIDUAL FOR A PERIOD OF LONGER THAN THIRTY DAYS; OR (3) ACCEPTANCE OF SURRENDER OF CLINICAL PRIVILEGES OR ANY RESTRICTION OF SUCH PRIVILEGES OF SUCH INDIVIDUAL: (I) WHILE THE INDIVIDUAL IS UNDER INVESTIGATION BY THE HEALTH CARE ENTITY RELATING TO POSSIBLE INCOMPETENCE OR IMPROPER PROFESSIONAL CONDUCT, OR (II) IN RETURN FOR NOT CONDUCTING SUCH AN INVESTIGATION OR PROCEEDING. (B) SUCH REPORT SHALL CONTAIN: (1) THE NAME, WORK ADDRESS, AND WORK PHONE NUMBER OF THE INDIVIDUAL; (2) THE HOME ADDRESS OF THE INDIVIDUAL, IF KNOWN; (3) DATE OF BIRTH OF THE INDIVIDUAL; (4) THE PROFESSION AND LICENSE NUMBER; (5) ANY STATES OR TERRITORIES IN WHICH THE INDIVIDUAL HOLDS A PROFES- SIONAL LICENSE, IF KNOWN;
(6) THE DATE OF THE ACTION TAKEN AGAINST SUCH INDIVIDUAL; (7) A DETAILED DESCRIPTION OF THE ACTION TAKEN; AND (8) THE REASON OR REASONS FOR THE MANAGED CARE ORGANIZATION'S ACTION OR THE NATURE OF THE ACTION OR CONDUCT WHICH LEAD TO THE RESIGNATION OR WITHDRAWAL AND THE DATE THEREOF. S 4. Subdivision 9 of section 170.10 of the criminal procedure law, as renumbered by chapter 449 of the laws of 1992, is renumbered subdivision 10 and a new subdivision 9 is added to read as follows: 9. UPON THE FILING OF A MISDEMEANOR CONVICTION IN A LOCAL CRIMINAL COURT AGAINST A PHYSICIAN LICENSED BY THE STATE, THE COURT SHALL NOTIFY THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT OF SUCH CONVICTION IN WRIT- ING. SUCH NOTIFICATION SHALL BE GIVEN NO LATER THAN FIVE DAYS FOLLOWING THE FILING OF THE CONVICTION WITH THE COURT, EXCLUDING SATURDAYS AND SUNDAYS. S 5. The criminal procedure law is amended by adding a new section 180.90 to read as follows: S 180.90 PROCEEDINGS UPON FELONY INDICTMENT; LICENSED PHYSICIAN. UPON THE FILING OF A FELONY INDICTMENT IN A LOCAL CRIMINAL COURT AGAINST A PHYSICIAN LICENSED BY THE STATE, THE COURT SHALL NOTIFY THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT. THE COURT SHALL ALSO NOTIFY THE DEFENDANT'S PLACE OR PLACES OF EMPLOYMENT OF SUCH INDICTMENT IN WRITING, IF SUCH INDICTMENT RELATES TO THE PHYSICIAN'S EMPLOYMENT. SUCH NOTIFICA- TION SHALL BE GIVEN NO LATER THAN FIVE DAYS FOLLOWING THE FILING OF THE INDICTMENT WITH THE COURT, EXCLUDING SATURDAYS AND SUNDAYS. S 6. This act shall take effect on the ninetieth day after it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus