Government Affairs Update for:
The New York State Radiological Society
August 6, 2021
The New York State Legislature adjourned the regular Legislative Session on Thursday, June 10. A summary of the status of legislation and regulatory issues that the Society has been closely following is provided below.
Legislation
Repeal of COVID-19 Medical Liability Reforms (S5177 Biaggi/A3397 Kim, Chapter 96 of Laws of 2021)
Legislation was signed into law by Governor Cuomo on April 6, 2021 to repeal Article 30-d of the Public Health law (Emergency or Disaster Treatment Protection Act) which provided immunity from criminal and civil liability for physicians, hospitals, and other health care facilities treating or diagnosing confirmed or suspected cases of COVID-19 in patients.
Article 30-d had provided important but limited immunity to frontline health care workers. The liability protections applied only to harm or damages alleged to have been sustained as a result of treating or diagnosing suspected or confirmed COVID-19 patients. The Society strongly opposed this legislation and worked closely with the Medical Society of the State of New York (MSSNY) and other physician specialty societies to try to defeat it.
Independent Practice, Nurse Practitioners (S3056 Rivera/A1535 Gottfried)-Oppose
This bill was moved to the floor in the Senate but was never voted on by that house. It was moved back to the Senate Rules Committee where it remains. In the Assembly the bill was referenced to the Higher Education Committee and was not scheduled for a vote.
Authorization for Physician Assistants to Independently Perform Fluoroscopy (S1591 Rivera/A1837 Gottfried)-Oppose as Written.
This bill is in the Senate and Assembly Health Committees. It has not been scheduled for a vote this year.
Patient Medical Debt (S2521-B Rivera/A3470-B Gottfried)-Oppose as Originally Written
This bill was amended to eliminate every provision (including the prohibition on billing patients for providers with a contractual relationship with a hospital) except for language pertaining to facility fees. The amended bill provides that no hospital or health care provider may bill or seek payment from a patient for a facility fee that is not covered by the patient\’s health insurance carrier unless the patient was notified prior to the date of service that a facility fee would be applicable. In no event can a facility fee be charged for services related to the provision of preventive care services as defined by the United States Preventive Services Task Force.
The bill passed the Senate and is in the Assembly Ways and Committee.
Wrongful Death (A6770 Weinstein/S74-A Hoylman)-Oppose
This bill is currently in the Senate Finance and Assembly Rules Committees.
New York Health Act (A6058 Gottfried/S5474)-Concerns as Written.
The New York Health Act to establish a single-payer health insurance system was advanced from the Assembly Health Committee to the Codes Committee and stalled there. The bill never moved in the Senate.
Expansion of Podiatrists Scope of Practice (S2019 Jackson/A2204 Pretlow)-Oppose
The bill passed the Senate. It is in the Assembly Higher Education Committee and was not scheduled for a vote.
Collective Negotiations by Health Care Providers- (A951 Gottfried/S1575 Rivera)Support.
This bill is in the Senate and Assembly Health Committees.
Prior Authorization Reforms (A7129 Gottfried /S6435-A Breslin) Support
This bill is in Assembly Insurance and Senate Rules Committees.
State Budget
The Society also worked with MSSNY and many physician specialty societies to achieve positive outcomes for patients and physicians on policy issues introduced as part of the State Budget.
- Achieved a one-year extension of the Excess Medical Malpractice Insurance Program to provide an extra layer of protection for physicians.
- Defeated a proposal to make physicians responsible for 50% of Excess Insurance costs.
- Defeated a proposal to reduce physician due process rights in Office of Medical Professional Conduct proceedings.
Regulatory
Insurance Coverage of Colonography
The Society has worked collaboratively over the last few years with the American College of Radiology and MSSNY to expand current colorectal cancer screening coverage to include individuals 45 to 49 years of age as well as additional screening methods including CT colonography. This advocacy effort is based on the most recently published guidelines of the American Cancer Society.
On May 18, the United States Preventive Services Task Force (USPSTF) published an updated B recommendation for colorectal rectal cancer screening for adults ages 45-49. In addition, CT colonography (CTC) was named a USPSTF recommended screening exam for those ages 45-49 and remains so for those ages 50-75. These new recommendations will provide millions more Americans with insurance coverage for colorectal cancer screening and save lives.
Most recently, the New York New State Department of Health issued a State Medicaid Update (June 21, 2021 Volume 37-Number 8), which expands Medicaid coverage of colorectal cancer screening in accordance with the new recommendations of the USPSTF. We are in discussions with the New York Department of Financial Services for the issuance of similar information for enrollees of commercial health insurance policies.