Visit our online State Legislative Tracker.

NEW YORK

A 443 – Step-therapy ENACTED

Introduced by Assemblymember John McDonald (D), A 443 limits the requirement for patients to try and fail on more than two drugs for the same condition before coverage is provided for the prescribed drug; prevents newly enrolled patients from repeating step-therapy protocols completed under a previous plan within the past year. Governor Kathy Hochul (D) signed the bill into law February 14.

A 2250 – Cancer ENACTED

Introduced by Assemblymember Emerita Torres (D), A 2250 mandates no-cost breast cancer screening and diagnostic testing for incarcerated individuals. Governor Kathy Hochul (D) signed the bill into law February 14.

A 5375 – Insurance

Introduced by Assemblymember David Weprin (D), A 5375 prohibits arbitrary time frames on reimbursement for anesthesia services. The bill was introduced in the Assembly and referred to the Insurance Committee.

A 5480A – Criminalization

Introduced by Assemblymember Harry Bronson (D), A 5480A protects health care practitioners from being charged with professional misconduct solely for engaging in legally protected health care activities. The bill was introduced in the Assembly and referred to the Judiciary Committee.

A 5724 – Cancer

Introduced by Assemblymember Michaelle Solages (D), A 5724 expands the health education curriculum to include breast cancer screenings, including age-appropriate instruction in performing self-examinations. The bill was introduced in the Assembly and referred to the Education Committee.

S 4850 – Cancer

Introduced by Senator Christopher Ryan (D), S 4850 requires health insurers to provide coverage for breast cancer screenings to individuals with second-degree relatives who have a history of breast cancer. The bill was introduced in the Senate and referred to the Insurance Committee.

S 4914 – Criminalization

Introduced by Senator Brad Hoylman-Sigal (D), S 4914 protects individuals who provide or receive legally protected health services from criminal, civil liability, or professional sanctions imposed by jurisdictions outside the state. The bill was introduced in the Senate and referred to the Children and Families Committee.

S 5241 – Utilization Review

Introduced by Senator Nathalia Fernandez (D), S 5241 prohibits utilization review agencies conducting a retrospective review or audit of a claim from reversing or altering a determination of medical necessity. The bill was introduced in the Senate and referred to the Insurance Committee.

ACS STATE AFFAIRS WORKGROUP

Arnold Baskies, MD, FACS (NJ); Ali Kasraeian, MD, FACS (FL); Kevin Koo, MD, FACS (MN); David Santos, MD, FACS (TX); and Kelly Swords, MD, FACS (CA).

The Workgroup will play a critical role in identifying state advocacy priorities, setting new policy objectives, and evaluating state advocacy grant applications among other duties. 

ACS STATE AFFAIRS PRIORITY ISSUES

• Trauma System Funding and Development
• Cancer Screening, Testing, and Treatment
• Insurance and Administrative Burden
• Professional Liability
• Criminalization of Physician Care
• Access to Surgical Care
• Health Equity

Visit the online State Legislative Tracker.

NEW YORK

A 2715 – Medicaid

Introduced by Assemblymember Karines Reyes (D), A 2715 expands Medicaid coverage to include bariatric surgery. The bill was introduced in the Assembly and referred to the Health Committee.

 

A 3265 – Artificial Intelligence

Introduced by Assemblymember Clyde Vanel (D), A 3265 mandates notifications when artificial intelligence is used in health care decisions; mandates protections against algorithmic discrimination and the right to data privacy. The bill was introduced in the Assembly and referred to the Science and Technology Committee.

 

A 3554 – Licensure

Introduced by Assemblymember Michaelle Solages (D), A 3544 requires health care providers on probation to disclose their status to patients; violations can result in a $2,000 penalty and license suspension. The bill was introduced in the Assembly and referred to the Higher Education Committee.

 

S 309 – STOP THE BLEED®

Introduced by Senator Steven Rhoads (R), S 309 requires schools to implement a bleeding control program which includes placing bleeding control kits in schools and integrating bleeding control kits into emergency planning; schools must conduct annual inspections of kits and replace components after use; provides Good Samaritan protections. The bill was introduced in the Senate and referred to the Education Committee.

 

S 310 – Cancer

Introduced by Senator Steven Rhoads (R), S 310 mandates coverage for breast cancer detection procedures including mammography and breast tomosynthesis; removes the age requirement for annual mammograms; mandates coverage for sonograms and breast ultrasounds when recommended by nationally recognized clinical practice guidelines. The bill was introduced in the Senate and referred to the Insurance Committee.

 

S 317 – Diversity Equity and Inclusion

Introduced by Senator Julia Salazar (D), S 317 requires bias awareness and elimination training for medical students and residents. The bill was introduced in the Senate and referred to the Health Committee.

 

S 354 – Telehealth

Introduced by Senator Gustavo Rivera (D), S 354 requires reimbursement parity between in-person and telehealth services. The bill was introduced in the Senate and referred to the Health Committee.

 

S 2676 – Step Therapy

Introduced by Senator Jamaal Bailey (D), S 2676 prohibits step therapy protocols for the use of drugs not approved by the FDA for the specific condition being treated; limits the duration of using a step therapy drug to no more than thirty days unless supported by treatment guidelines; prohibits step therapy if a drug was covered in the past year. The bill was introduced in the Senate and referred to the Rules Committee.

 

S 3104 – Insurance

Introduced by Senator Jeremy Cooney (D), S 3104 requires health insurers to provide coverage for bariatric surgery. The bill was introduced in the Senate and referred to the Judiciary Committee.

 

S 3186 – Professional Liability

Introduced by Senator Roxanne Persaud (D), S 3186 requires health care providers on probation to disclose their status and related details to patients; providers must obtain a signed receipt from patients acknowledging the disclosure; violations can result in a $2,000 fine and license suspension. The bill was introduced in the Senate and referred to the Higher Education Committee.

 

S 3242 – Professional Liability

Introduced by Senator Jeremy Cooney (D), S 3242 allows discovery of testimony for parties involved in legal actions related to medical review meetings. The bill was introduced in the Senate and referred to the Higher Education Committee.

 

S 3359 – Telehealth

Introduced by Senator Gustavo Rivera (D), S 3359 requires reimbursement parity between telehealth and in person services. The bill was introduced in the Senate and referred to the Health Committee.

 

S 3425 – Single Payer

Introduced by Senator Gustavo Rivera (D), S 3425 establishes a universal single-payer health care system. The bill was introduced in the Senate and referred to the Health Committee.

 

S 3559 – Cancer

Introduced by Senator Cordell Cleare (D), S 3559 requires mammography providers to notify patients of dense breast tissue to qualify as a medical necessity for health insurers to cover a breast ultrasound. The bill was introduced in the Senate and referred to the Health Committee.

ACS STATE AFFAIRS WORKGROUP

Arnold Baskies, MD, FACS (NJ); Ali Kasraeian, MD, FACS (FL); Kevin Koo, MD, FACS (MN); David Santos, MD, FACS (TX); and Kelly Swords, MD, FACS (CA).

The Workgroup will play a critical role in identifying state advocacy priorities, setting new policy objectives, and evaluating state advocacy grant applications among other duties. 

ACS STATE AFFAIRS PRIORITY ISSUES

• Trauma System Funding and Development
• Cancer Screening, Testing, and Treatment
• Insurance and Administrative Burden
• Professional Liability
• Criminalization of Physician Care
• Access to Surgical Care
• Health Equity

As a member of the New York Chapter ACS, you have the opportunity to participate in the policymaking process of the state medical society.

Working alongside the Chapter's Board of Directors, any member can submit a resolution concept to be considered at the Medical Society of the State of New York (MSSNY) House of Delegate (HOD) meeting. 

Policies set at the HOD meetings help define the agenda for MSSNY, giving guidance on projects to pursue, products to develop and issues to influence.

Submit your draft resolution to the Chapter by: January 31, 2025

> Resolution guidelines, samples and templates <

By: Kevin Johnson, MD, MS, University Professor of Biomedical Informatics, Computer Science, Pediatrics, and Science Communication at the University of Pennsylvania; Vice President of Applied Clinical Informatics in the University of Pennsylvania Health System

Artificial intelligence (AI) isn’t new: The first neural network computer appeared in the early 1950s. Hype about AI revved up in the 1970s, but early iterations of AI stalled out through a combination of too much hype, too much complexity, and too little attention to the human element.

We can learn from prior AI failures, not to mention failures of EHR implementation, to successfully integrate certain types of AI into daily healthcare operations. We will not solve the clinician burnout crisis or achieve equity in healthcare using AI alone, but strategic applications of AI can assist us in both areas.

The cornerstones of successful AI implementation will be people: Those who envision, lead, and train, and those who reskill, adapt, and integrate AI tools into frontline care, whether for administrative or for patient-facing purposes.

Four Main Types of AI

Right now, generally speaking, AI works in one of four ways ... continue reading

We are seeking passionate and dedicated members to help guide the work of the NY Chapter ACS by serving on one of our key committees: Membership, Advocacy and Health Policy, or Education.

These committees are instrumental in shaping our chapter's future, from growing our membership and advocating for surgeons' interests to planning the 2025 surgical symposium and other impactful events.

If you are interested in volunteering your time and expertise, please fill out the application  by Friday, October 4, 2024 and indicate which committee you'd like to join.

Apply Today!

This week, the Federal Trade Commission (FTC) issued a ruling agreeing with a 2023 ACS letter advocating for the ban of noncompete clauses from virtually all contracts. The FTC voted 3-2 to issue regulations enforcing this ban, which will take effect 120 days after publication.

While ACS and the Chapter applauds this vote, significant questions remain regarding the FTC’s jurisdiction over nonprofit entities, including nonprofit hospitals. Some experts question whether the FTC has the authority to issue this ban at all. The US Chamber of Commerce has filed suit in court to block
these regulations from implementation.

ACS Advocacy Efforts

The ACS is committed to aggressive advocacy for legislation banning noncompete clauses at the state and federal levels. We believe it is essential to limit the increasing control large corporations have over the healthcare system, which negatively impacts our members and the physician/patient relationship.

Our Chapter will also work closely with our legal counsel, Garfunkel Wild, PC to monitor how this ruling may impact New York's physicians.

To support our advocacy efforts at the national level, please urge your Members of Congress to support legislation banning noncompete clauses.

Visit surgeonsvoice.org to take action.

Thank you for your continued support and advocacy.

Letter to Editor
Times Union
February 12, 2024

As surgical leaders dedicated to ensuring access to care for all New Yorkers, we are compelled to respond to the ongoing conversation around expanding liability in wrongful death lawsuits. By vetoing the most recent iteration of the Grieving Families Act — a well-intended but fundamentally flawed proposal — Gov. Kathy Hochul showed herself as a true leader who is focused on protecting our communities and our health care system. While we acknowledge the potential benefits of updating the law, our primary concern lies in the way the bill was written and the unintended consequences that follow from such broad and subjective language. And while Hochul vetoed the bill last year, it will likely come up again in 2024.
 
Engaging Milliman Inc., a top actuarial firm, the medical community showed that this legislation will result in a daunting 40 percent increase in medical professional liability insurance costs. With New York state already burdened by some of the nation’s highest insurance premiums, this bill posed a severe threat to our health care system. Milliman’s findings were further supported by the state’s own Division of Budget, which estimated a staggering $214 million increase in medical liability expenses for state-supported hospitals alone.

As written, the vetoed bill overreaches and goes far beyond similar laws in other states and lacks essential guardrails. As conversations continue, our physician community stands ready to collaborate with policymakers to develop a more balanced approach that promotes justice without jeopardizing the stability of our health care system. We thank Hochul for vetoing this detrimental legislation and safeguarding access to care.

Dr. Jacob Moalem, FACS, is the president of the New York Chapter of the American College of Surgeons. Dr. Anthony Vine, FACS, is vice president of the chapter.

The New York Chapter continues to advocate on behalf of surgeons and their patients by partnering with the Medical State Society of NY and specialty societies to share its concerns and supports for several proposals found in this year's Governor's Budget. Below is an at-a-glance of the issue. Visit our website to see all of the legislative proposals we are following.

•  Elimination of Physician Right to Bring a Claim Dispute to IDR Process
  There is a proposal within Part H of the Governor's Executive Budget Health & Mental Hygiene bill that would eliminate the right of physicians to bring a claim dispute to the Independent Dispute Resolution (IDR) process for various public health insurance plans.  The Chapter signed onto a joint letter opposing the prohibition to bring out of network Medicaid Managed care payment disputes to IDR.
  

• Include Telehealth Payment Parity in Governor's Budget
  The COVID-19 public health emergency triggered a significant, and necessary shift in how patients receive health care, with telemedicine becoming an essential lifeline for patients to consult with their physicians. It did not, however, replace the need for face-to-face visits. The law for payment parity is scheduled to expire on April 1, 2024. The Chapter signed onto a joint letter urging the Governor to make the telehealth payment parity law permanent for all physicians.
  

• Repeal of Prescriber Prevails in the Budget
  The Governor's budget includes a proposal that will repeal of the authority of physicians and other qualified prescribers to make a final determination regarding medication prescribed to individuals covered under Medicaid Fee-for-Service and Medicaid Managed Care, commonly referred to as “prescriber prevails.”  The Chapter signed on to a joint letter opposing the advancement of this proposal.
  

The New York State legislature has recently passed legislation that promises to bring about significant changes in liability regulations. While the bill's intentions are commendable, concerns have been raised by the medical community regarding its potential impact on the healthcare system.

The approved legislation, although well-intended, poses certain challenges that need to be carefully evaluated. One of the primary concerns raised by the medical community is the potential increase in costs, which may prove to be unsustainable in the long run. Physicians and smaller healthcare facilities, in particular, could face financial difficulties in sustaining their operations under these new regulations.

It is crucial to strike a balance that maintains access to quality healthcare while mitigating the financial burden on healthcare providers. This requires an in-depth analysis of the legislation's implications and the identification of potential solutions that address the concerns of all stakeholders involved.

As the approved legislation broadens liability in the healthcare sector, it is imperative to carefully consider its impact on the industry. Ensuring access to quality healthcare remains paramount while finding viable solutions to address the financial challenges faced by healthcare providers. The ongoing dialogue between policymakers, medical professionals, and other stakeholders is crucial in achieving this delicate balance.

Learn more about the legislation and its implications.

The incorporation of Artificial Intelligence (AI) in the healthcare industry has been a hot topic in recent years. With advancements in technology and the increasing availability of data, AI has the potential to greatly improve patient care and outcomes. However, as with any new technology, some concerns and challenges need to be addressed.

In this insightful article by The Doctors Company and TDC Group, they delve into the past, present, and future of AI in healthcare. They aim to provide valuable insights for healthcare providers on how to navigate this rapidly evolving landscape.

The Potential of AI in Healthcare:

AI has shown great promise in areas such as diagnosis and treatment planning. Through machine learning algorithms and predictive analytics, AI has the ability to augment the expertise of healthcare professionals, leading to more accurate and efficient care.

Addressing Concerns and Challenges:

While the potential benefits of AI in healthcare are vast, healthcare providers must exercise caution and diligence. The article emphasizes the importance of carefully integrating AI into medical practices and ensuring that ethical considerations and patient privacy are prioritized.

As the healthcare industry continues to embrace technological advancements, AI holds significant promise for improving patient care and outcomes. However, healthcare providers must navigate this evolving landscape with caution and diligence. The article by The Doctors Company and TDC Group serves as a valuable resource, offering insights and guidance for healthcare providers looking to incorporate AI into their practices.

To learn more about the intersection of AI and healthcare, read the full article by The Doctors Company and TDC Group.