New York S 5527: Relates to certain prohibitions in contracts or agreements by health maintenance organizations

Bill Text

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S05527 Summary:

BILL NOS05527 

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SAME ASNo Same As

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SPONSORSANDERS

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COSPNSRMAY

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MLTSPNSR

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Amd §4406-c, Pub Health L; amd §§3217-b & 4325, Ins L

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Relates to certain prohibitions in contracts or agreements by health maintenance organizations; prohibits clauses which entitle reimbursement at the lowest price or rate; prohibits contracts which restrict referral of patients based solely upon a health care provider's status with a managed care product; prohibits contracts which allow for the substitution of a pharmaceutical drug or agent by any person other than the prescribing health care professional.

Go to top S05527 Actions:

BILL NOS05527 

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02/24/2025REFERRED TO HEALTH

01/07/2026REFERRED TO HEALTH

Go to topS05527 Committee&nbspVotes:

Go to topS05527 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05527 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5527

 2025-2026 Regular Sessions

 IN SENATE

 February 24, 2025
 ___________

 Introduced by Sens. SANDERS, MAY -- read twice and ordered printed, and
 when printed to be committed to the Committee on Health

 AN ACT to amend the public health law and the insurance law, in relation
 to certain contracts or agreements by health maintenance organizations

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 7 of section 4406-c of the public health law,
 2 as added by chapter 705 of the laws of 1996 and as renumbered by chapter
 3 487 of the laws of 2010, is renumbered subdivision 17 and three new
 4 subdivisions 14, 15 and 16 are added to read as follows:
 5 14. No contract or agreement between a health care plan and a health
 6 care provider shall contain any clause which entitles such health care
 7 plan to reimburse the health care provider at the lowest price or rate
 8 that such health care provider has charged another person or entity for
 9 rendering the same treatment or performing the same procedure.
 10 15. No health care plan shall by contract, written policy or written
 11 procedure prohibit any health care provider from referring a patient or
 12 enrollee to a health care provider based solely upon such health care
 13 provider's participation status with the managed care product subscribed
 14 to by the patient or enrollee.
 15 16. No health care plan shall by contract, written policy or procedure
 16 provide for or allow the substitution of a pharmaceutical drug or agent
 17 (other than a generic substitution) by any person other than the
 18 prescribing health care professional or by a pharmacist under section
 19 sixty-eight hundred one-a of the education law.
 20 § 2. Subsection (h) of section 3217-b of the insurance law, as added
 21 by chapter 705 of the laws of 1996 and as relettered by chapter 237 of
 22 the laws of 2009, is relettered subsection (r) and three new subsections
 23 (h), (p) and (q) are added to read as follows:
 24 (h) No contract or agreement between an insurer and a health care
 25 provider shall contain any clause which entitles such insurer to reim-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10130-01-5

 S. 5527 2

 1 burse the health care provider at the lowest price or rate that such
 2 health care provider has charged another person or entity for rendering
 3 the same treatment or performing the same procedure.
 4 (p) No insurer shall by contract, written policy or written procedure
 5 prohibit any health care provider from referring an insured to a physi-
 6 cian based solely upon such physician's participation status with the
 7 insurance product subscribed to by the insured.
 8 (q) No insurer which maintains a drug formulary, or which contracts
 9 with another entity to maintain a drug formulary, shall by contract,
 10 written policy or procedure provide for or allow the substitution of a
 11 pharmaceutical drug or agent (other than a generic substitution) by any
 12 person other than the prescribing health care professional or by a phar-
 13 macist under section sixty-eight hundred one-a of the education law.
 14 § 3. Subsection (i) of section 4325 of the insurance law, as