New York A 4063: Provides that the failure by the utilization review agent to make a determination within certain time periods shall be deemed to be an approval of the health care services

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A04063 Summary:

BILL NOA04063 

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SAME ASSAME AS S04721

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SPONSORWeprin

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COSPNSR

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MLTSPNSR

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Amd §4903, Pub Health L; amd §4903, Ins L

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Provides that the failure by the utilization review agent to make a determination within certain time periods shall be deemed to be an approval of the health care services.

Go to top A04063 Actions:

BILL NOA04063 

&nbsp

01/31/2025referred to insurance

01/07/2026referred to insurance

Go to topA04063 Committee&nbspVotes:

Go to topA04063 Floor&nbspVotes:

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

Go to topA04063 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4063

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 31, 2025
 ___________

 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
 on Insurance

 AN ACT to amend the public health law and the insurance law, in relation
 to providing that the failure by the utilization review agent to make
 a determination within certain time periods shall be deemed to be an
 approval of the health care services

 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 4903 of the public health law, as
 2 amended by chapter 641 of the laws of 2024, is amended to read as
 3 follows:
 4 7. Failure by the utilization review agent to make a determination
 5 within the time periods prescribed in this section shall be deemed to be
 6 an [adverse determination subject to appeal pursuant to section forty-
 7 nine hundred four of this title, provided, however, that] approval of
 8 the health care services in question and failure to meet such time peri-
 9 ods for a step therapy protocol as defined in subdivision seven-f-three
 10 of section forty-nine hundred of this title or a step therapy protocol
 11 override determination pursuant to subdivisions three-a, three-b and
 12 three-c of this section shall be deemed to be an override of the step
 13 therapy protocol. A utilization review agent's failure to comply with
 14 any of the step therapy protocol requirements required in subdivisions
 15 five and six of section forty-nine hundred two of this title shall be
 16 considered a basis for granting an override of the step therapy proto-
 17 col, absent fraud.
 18 § 2. Subsection (g) of section 4903 of the insurance law, as amended
 19 by chapter 641 of the laws of 2024, is amended to read as follows:
 20 (g) Failure by the utilization review agent to make a determination
 21 within the time periods prescribed in this section shall be deemed to be
 22 an [adverse determination subject to appeal pursuant to section four
 23 thousand nine hundred four of this title, provided, however,] approval

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08002-01-5

 A. 4063 2

 1 of the health care services in question and that failure to meet such
 2 time periods for a step therapy protocol as defined in subsection (g-9)
 3 of section forty-nine hundred of this title or a step therapy protocol
 4 override determination pursuant to subsections (c-1), (c-2) and (c-3) of
 5 this section shall be deemed to be an override of the step therapy
 6 protocol. A utilization review agent's failure to comply with any of the
 7 step therapy protocol requirements required in [subsections] paragraphs
 8 fifteen and sixteen of subsection (a) of section four thousand nine
 9 hundred two of this title shall be considered a basis for granting an
 10 override of the step therapy protocol, absent fraud.
 11 § 3. This act shall take effect on the same date and in the same
 12 manner as section 4 of chapter 641 of the laws of 2024, takes effect;
 13 provided, however, that section two of this act shall take effect on the
 14 same date and in the same manner as section 2 of chapter 641 of the laws
 15 of 2024, takes effect.

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