Requires each hospital patient bill of rights and responsibilities to include a statement of the availability of a list of standard charges, participating health plans, to identify a caregiver

Title of bill

An act to amend the public health law, in relation to hospital statements of the rights and responsibilities of patients

Purpose

To update the Patients' Bill of Rights to reflect recent changes to the law regarding surprise bills and the CARE Act.

Summary of provisions

Section one adds a two new paragraphs to Public Health Law § 2803(1) to require the statement of rights and responsibilities of patients that every general hospital must adopt and make public to include: 1) provisions informing the patient of his or her right to submit surprise or emergency bills to the independent resolution entity; and 2) provisions informing the patient of his or her right to identify a caregiver under the CARE Act.

Section two provides that this act shall take effect 180 days after it becomes law, but effective immediately the Commissioner may amend regulations as necessary for implementation by the effective date.

Justification

This legislation updates the Patients' Bill of Rights to reflect two monumental consumer protections recently enacted. The first change, included in the SFY 2014-15 budget, enacted significant consumer protections to end surprise medical bills. These provisions took effect on April 1, 2015. More specifically, the law protects consumers by requiring certain disclosures from insurers, hospitals, health care professionals and physicians, ensuring network adequacy and holding insured consumers harmless with regard to bills for emergency services and services rendered out-of-network when there is no in-network provider. An independent dispute resolution process is established to resolve billing disputes for emergency care and surprise bills.

The second law referenced is the CARE Act which was signed into law in 2015. The CARE Act, which takes effect April 23, 2016, requires identification of caregivers while the patient is still in the hospital, includes caregivers in the discharge plan and provides for the instruction of caregivers for post-discharge care. Once implemented, this law will significantly improve patient care and health outcomes.

With these updates the Patients' Bill of Rights will be accurate and reflective of the current rights of patients and also ensure patient's are aware of such rights. This legislation is effective in 180 days, after both provisions referenced have taken effect.

Legislative history

New bill.

Fiscal implications

None.

Effective date

180 days after enactment.