Assembly Bill A6171

2017-2018 Legislative Session

Relates to referrals of patients for health related items or services

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A6171 (ACTIVE) - Details

See Senate Version of this Bill:
S156
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §238-a, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: A9933, S6955
2011-2012: A3551, S4660
2013-2014: A5357, S6585
2015-2016: A7374, S772
2019-2020: A2413, S467
2021-2022: A6781, S1171

2017-A6171 (ACTIVE) - Summary

Relates to referrals of patients for health related items or services that are prohibited under law.

2017-A6171 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6171
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2017
                                ___________
 
 Introduced by M. of A. PICHARDO, CRESPO -- read once and referred to the
   Committee on Health
 
 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
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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