New York S 9192: Relates to health insurance and provider divestment

Bill Text

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S09192 Summary:

BILL NOS09192 

&nbsp

SAME ASSAME AS A09225

&nbsp

SPONSORHINCHEY

&nbsp

COSPNSR

&nbsp

MLTSPNSR

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Add §5-339, Gen Ob L

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Provides that it is unlawful for any person to directly or indirectly own, operate, or control the whole or any part of a health insurance company and a health care provider; requires divestment within three years.

Go to top S09192 Actions:

BILL NOS09192 

&nbsp

02/12/2026REFERRED TO JUDICIARY

Go to topS09192 Committee&nbspVotes:

Go to topS09192 Floor&nbspVotes:

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

Go to topS09192 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9192

 IN SENATE

 February 12, 2026
 ___________

 Introduced by Sen. HINCHEY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Judiciary

 AN ACT to amend the general obligations law, in relation to health
 insurance and provider divestment

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

 1 Section 1. The general obligations law is amended by adding a new
 2 section 5-339 to read as follows:
 3 § 5-339. Prohibition on overlapping ownership of health insurance
 4 companies and health care providers. 1. As used in this section:
 5 (a) "Health insurance company" means an insurance company subject to
 6 article forty-two or a corporation subject to article forty-three of the
 7 insurance law, or a health maintenance organization certified pursuant
 8 to article forty-four of the public health law that contracts or offers
 9 to contract to provide, deliver, arrange, pay or reimburse any of the
 10 costs of health care services.
 11 (b) "Health care provider" means an entity licensed or certified
 12 pursuant to article twenty-eight, thirty-six or forty of the public
 13 health law, a facility licensed pursuant to article nineteen or thirty-
 14 one of the mental hygiene law, a fiscal intermediary operating under
 15 section three hundred sixty-five of the social services law, a health
 16 care professional licensed, registered or certified pursuant to title
 17 eight of the education law, a dispenser or provider of pharmaceutical
 18 products, services or durable medical equipment, or a representative
 19 designed by such entity or person.
 20 (c) "Indirect control" means any agreement, arrangement, contract,
 21 ownership stake, or other relationship that gives an owner or operator
 22 of a health insurance company the ability to influence or direct the
 23 operations of any health care provider in the state or means any agree-
 24 ment, arrangement, contract, ownership stake, or other relationship that
 25 gives an owner or operator of a health care provider the ability to
 26 influence or direct the operations of any health insurance company.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13902-02-5

 S. 9192 2

 1 2. (a) It shall be unlawful for any person to directly or indirectly
 2 own, operate, or control the whole or any part of a health insurance
 3 company and a health care provider or any combination thereof.
 4 (b) It shall be unlawful for any person to directly or indirectly own,
 5 operate, or control the whole or any part of a health care provider and
 6 a health insurance company or any combination thereof.
 7 3. Not later than three years after the effective date of this
 8 section, any person in violation of subdivision one of this section
 9 shall divest from such health insurance company and health care provid-
 10 er.
 11 4. The attorney general may bring a civil action against any person or
 12 entity that violates this section and may recover the following:
 13 (a) a civil penalty of ten thousand dollars per day for a violation of
 14 this section; and
 15 (b) costs and reasonable attorneys' fees.
 16 § 2. This act shall take effect immediately.

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