S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3966
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced  by M. of A. BARCLAY, FINCH, WALTER -- read once and referred
   to the Committee on Insurance
 
 AN ACT to amend the insurance law, in relation to health  care  retainer
   programs
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 1108 of the insurance law is amended  by  adding  a
 new subsection (l) to read as follows:
   (L)  EVERY  HEALTH  CARE RETAINER PROGRAM OPERATED PURSUANT TO ARTICLE
 FIFTY-SEVEN OF THIS CHAPTER.
   § 2. The insurance law is amended by adding a new article 57  to  read
 as follows:
                                 ARTICLE 57
                       HEALTH CARE RETAINER PROGRAMS
 SECTION 5701. DEFINITIONS.
         5702. HEALTH CARE RETAINER PROGRAMS.
   § 5701. DEFINITIONS. AS USED IN THIS ARTICLE:
   (A)  "AGREEMENT"  SHALL  MEAN A HEALTH CARE RETAINER AGREEMENT ENTERED
 INTO PURSUANT TO A PROGRAM OPERATED  BY  A  PRIMARY  CARE  PHYSICIAN  OR
 PRIMARY CARE PHYSICIANS.
   (B) "PRIMARY CARE" SHALL MEAN PROFESSIONAL MEDICAL CARE OFFERED IN THE
 FIELDS  OF  FAMILY  PRACTICE,  GENERAL PEDIATRICS, PRIMARY CARE INTERNAL
 MEDICINE, AND PRIMARY CARE OBSTETRICS AND GYNECOLOGY, AND AS DEFINED  IN
 THE RULES AND REGULATIONS OF THE COMMISSIONER OF HEALTH.
   (C)  "PRIMARY CARE PHYSICIAN" SHALL MEAN A PERSON LICENSED TO PRACTICE
 MEDICINE IN THIS STATE WHOSE PRIMARY FIELD OF PRACTICE IS PRIMARY CARE.
   (D) "PRIMARY CARE PRACTITIONER" SHALL MEAN A  MIDWIFE,  NURSE  PRACTI-
 TIONER  OR PHYSICIAN ASSISTANT AUTHORIZED TO PRACTICE IN THIS STATE, WHO
 PROVIDES PRIMARY CARE, AND WHO IS SUBJECT TO THE SUPERVISION AND  DIREC-
 TION OF A PRIMARY CARE PHYSICIAN.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05492-01-7
              

 A. 3966                             2
 
   (E)  "PROGRAM"  SHALL  MEAN A HEALTH CARE RETAINER PROGRAM OFFERED AND
 OPERATED BY A PRIMARY CARE PHYSICIAN OR A GROUP OF PRIMARY  CARE  PHYSI-
 CIANS WHEREBY SUCH PHYSICIAN OR PHYSICIANS, AND PRIMARY CARE PRACTITION-
 ERS  UNDER THE CONTROL OF SUCH PHYSICIAN OR PHYSICIANS, AGREE TO PROVIDE
 ALL NECESSARY PRIMARY CARE TO ANY PERSON ENTERING INTO AN AGREEMENT, AND
 THEIR  DEPENDENTS,  FOR  A  CERTAIN PERIOD OF TIME IN EXCHANGE FOR A FEE
 ESTABLISHED UPON ENTERING INTO THE AGREEMENT.
   § 5702. HEALTH CARE RETAINER PROGRAMS. ANY PRIMARY CARE  PHYSICIAN  OR
 GROUP OF PRIMARY CARE PHYSICIANS MAY ESTABLISH AND OPERATE A HEALTH CARE
 RETAINER PROGRAM SUBJECT TO THE PROVISIONS OF THIS SECTION.
   (A)  EVERY  AGREEMENT  SHALL  BE WRITTEN IN CLEAR, CONCISE AND EASY TO
 UNDERSTAND LANGUAGE, AND FULLY DEFINE THE PRIMARY CARE SERVICES  COVERED
 BY  SUCH  AGREEMENT, THE FEE FOR THE PROVISION OF SUCH SERVICES, AND THE
 PERIOD OF TIME SUCH SERVICES ARE TO BE PROVIDED FOR SUCH FEE.
   (B) EVERY AGREEMENT SHALL BE LIMITED TO THE PROVISION OF PRIMARY CARE.
   (C) ALL FEES AND CHARGES PAID FOR AGREEMENTS SHALL BE DEPOSITED BY THE
 OPERATORS OF A  PROGRAM  IN  AN  UNSEGREGATED  INTEREST-BEARING  DEPOSIT
 ACCOUNT  WITH  A  BANKING  INSTITUTION,  AS  DEFINED IN THE BANKING LAW.
 MONEYS SHALL BE PAID OUT OF SUCH ACCOUNT  ONLY  IN  SUCH  AMOUNT  AS  IS
 EQUIVALENT TO THE FEES AND CHARGES FOR PRIMARY CARE DELIVERED DURING THE
 PRECEDING CALENDAR MONTH.
   (D) EVERY PROGRAM SHALL, ON OR BEFORE FEBRUARY FIRST EACH YEAR, SUBMIT
 AN  AFFIDAVIT TO THE SUPERINTENDENT ATTESTING TO ITS COMPLIANCE WITH THE
 PROVISIONS OF THIS ARTICLE DURING  THE  IMMEDIATELY  PRECEDING  CALENDAR
 YEAR.
   § 3. This act shall take effect immediately.