What's happening
This bill updates physician profile requirements in New York to include additional practice details, streamline reporting, and allow designees to update profiles.
Why it matters
Expands the types of information available to patients. The bill adds new details to physician profiles, such as hours of operation, whether the doctor is accepting new patients, availability of assistive technology, the physician’s website and social media, and participation in health plans—making it easier for patients to make informed choices.
Shifts some reporting burdens away from physicians. Health plan participation data will now be collected and updated by the Department of Health from reliable sources, rather than relying on individual physicians. This reduces administrative work for doctors and may improve the accuracy and timeliness of information.
Allows delegation of profile management. Physicians can authorize a designated staff member or contractor to update their profile, which can streamline updates and reduce compliance headaches, but the physician remains responsible for accuracy.
Includes new data for workforce planning. The addition of “workforce research and planning information” gives the state more tools to analyze physician distribution and plan for future healthcare needs, potentially impacting healthcare access and policy decisions.
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Who cares
Headline styles
Update Physician Info Rules
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to health
- Print number 5344a
- Amend (t) and recommit to health
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Update Doctor Profile Rules
In Assembly Committee · Health · Sponsor Richard Gottfried
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5344--A
2017-2018 Regular Sessions
IN SENATE
March 22, 2017
Introduced by Sens. HANNON, AVELLA, BOYLE -- (at request of the Department of Health) -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to incorporating additional information in the physician profile and streamlining reporting requirements
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 2995-a of the public health law, as added by chapter 542 of the laws of 2000, paragraph (h) as amended by section 1 of part A of chapter 57 of the laws of 2015, is amended to read as follows:
1. The department shall collect the following information and create individual profiles on licensees subject to the authority of the office of professional medical conduct, in a format that shall be available for dissemination to the public:
(a) a statement of any criminal convictions (as defined by section 1.20 of the criminal procedure law) within the most recent ten years, under the laws of New York state or any other jurisdiction, for offenses specified by regulations of the department;
(b) a statement of any action (other than an action that remains confidential) taken against the licensee pursuant to section two hundred thirty of this chapter or any similar action taken by any other state or licensing entity, within the most recent ten years;
(c) a statement of any current limitation of the licensee to a specified area, type, scope or condition of practice;
(d) a statement of any loss or involuntary restriction of hospital privileges or a failure to renew professional privileges at hospitals within the last ten years, for reasons related to the quality of patient
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10164-03-7
S. 5344--A 2
care delivered or to be delivered by the physician where procedural due process has been afforded, exhausted, or waived, or the resignation from or removal of medical staff membership or restriction of privileges at a hospital taken in lieu of a pending disciplinary case related to the quality of patient care delivered or to be delivered by the physician (notwithstanding paragraph (a) of subdivision three of section twentyeight hundred three-e of this chapter, as added by chapter eight hundred sixty-six of the laws of nineteen hundred eighty);
(e) (i) a statement indicating the number of medical malpractice court judgments and arbitration awards within the most recent ten years in which a payment is awarded to a complaining party (notwithstanding subsection (f) of section three hundred fifteen of the insurance law); and
(ii) a statement indicating all malpractice settlements within the most recent ten years in which payment is awarded to a complaining party (notwithstanding subsection (f) of section three hundred fifteen of the insurance law),
(A) if the total number of settlements exceeds two; or
(B) if the commissioner determines any such settlement could be relevant to patient decisionmaking concerning health care quality. The statement shall include the following: "Settlement payments will appear in this profile only if the total number of settlements made within the past ten years exceeds two, or if the commissioner of health determines a settlement to be relevant to patient decisionmaking. Settlement of a claim may occur for a variety of reasons, which do not necessarily reflect negatively on the professional competence or conduct of the physician. A payment in settlement of a medical malpractice action or claim does not necessarily mean that a medical malpractice has occurred." The commissioner may supplement such statement as may be appropriate.
(iii) judgments, awards and settlements shall be reported in graduated categories indicating the level of significance, date and place of the judgment, award or settlement. Information concerning medical malpractice judgments, awards and settlements shall be put in context by comparing an individual licensee's medical malpractice settlements to the experience of other physicians in New York state within the same board specialty. Pending malpractice claims shall not be disclosed to the public under this section. Nothing herein shall be construed to prevent the board from investigating or disciplining a licensee on the basis of medical malpractice claims that are pending;
(f) name of medical schools attended and date of graduations;
(g) graduate medical education;
(h) current specialty board certification and date of certification;
(i) dates admitted to practice in New York state;
(j) names of hospitals where the licensee has practice privileges;
(k) appointments to medical school faculties and indication as to whether a licensee has had a responsibility for graduate medical education within the most recent ten years;
(l) information regarding publications in peer reviewed medical literature within the most recent ten years;
(m) information regarding professional or community service activities or awards;
(n) (i) the location of the licensee's primary practice setting identified as such; [and]
(ii) [the names of any licensed physicians with whom the licensee shares a group practice, as defined in subdivision five of section two
S. 5344--A 3
hundred thirty-eight of this chapter] hours of operation of the licensee's primary practice setting;
(iii) availability of assistive technology at the licensee's primary practice setting; and
(iv) whether the licensee is accepting new patients;
(o) the identification of any translating services that may be available at the licensee's primary practice location;
(p) whether the licensee participates in the medicaid or medicare program or any other state or federally financed health insurance program; [and]
(q) health care plans with which the licensee has contracts, employment, or other affiliation[.] provided that the reporting of such information shall not be the responsibility of the physician, but shall be included and updated by the department utilizing provider network participation information, or other reliable sources of information submitted by health care plans;
(r) physician's website and social media accounts;
(s) the names of any licensed physicians with whom the licensee shares a group practice, as defined in subdivision five of section two hundred thirty-eight of this chapter; and
(t) workforce research and planning information as determined by the commissioner.
§ 2. Section 2995-a of the public health law is amended by adding a new subdivision 1-b to read as follows:
1-b. (a) For the purposes of this section, a physician licensed and registered to practice in this state may authorize a designee to register, transmit, enter or update information on his or her behalf, provided that:
(i) the designee so authorized is employed by the physician or the same professional practice or is under contract with such practice;
(ii) the physician takes reasonable steps to ensure that such designee is sufficiently competent in the profile requirements;
(iii) the physician remains responsible for ensuring the accuracy of the information provided and for any failure to provide accurate information; and
(iv) the physician shall notify the department upon terminating the authorization of any designee, in a manner determined by the department.
(b) The commissioner shall grant access to the profile in a reasonably prompt manner to designees authorized by physicians and establish a mechanism to prevent designees terminated pursuant to subparagraph (iv) of paragraph (a) of this subdivision from accessing the profile in a reasonably prompt manner following notification of termination.
§ 3. Subdivision 4 of section 2995-a of the public health law, as amended by section 3 of part A of chapter 57 of the laws of 2015, is amended to read as follows:
4. Each physician shall periodically report to the department on forms and in the time and manner required by the commissioner any other information as is required by the department for the development of profiles under this section which is not otherwise reasonably obtainable. In addition to such periodic reports and providing the same information, each physician shall update his or her profile information within the six months prior to [the expiration date of such physician's registration period] submission of the re-registration application, as a condition of registration renewal [under article one hundred thirty-one] pursuant to section sixty-five hundred twenty-four of the education law. Except for optional information provided and information required under
S. 5344--A 4
paragraph (t) of subdivision one of this section, physicians shall notify the department of any change in the profile information within thirty days of such change.
§ 4. Subdivision 6 of section 2995-a of the public health law, as added by chapter 542 of the laws of 2000, is amended to read as follows:
6. A physician may elect to have his or her profile omit certain information provided pursuant to paragraphs (k), (l), (m), [(n) and (q)] (r), and (s) of subdivision one of this section. Information provided pursuant to paragraph (t) of subdivision one of this section shall be omitted from a physician's profile. In collecting information for such profiles and disseminating the same, the department shall inform physicians that they may choose not to provide such information required pursuant to paragraphs (k), (l), (m), [(n) and (q)] (r), and (s) of subdivision one of this section.
§ 5. This act shall take effect on the one hundred eightieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to incorporating additional information in the physician profile and streamlining reporting requirements
Purpose
This bill would incorporate additional information into the Department of Health's (DOH) Physician Profile, without causing additional undue reporting burden on physicians, to ensure that information is available, accurate, up-to-date and accessible to consumers.
Summary of provisions
Section 1 of the bill would amend Public Health Law (PHL) § 2995-a(1) to revise and include additional data elements to be reported to the Physician Profile. Specifically, this would: (1) move the field related to the names of other physicians sharing a group practice out of PHL § 2995-a(1)(n) into a new PHL § 2995-a(1)(s); (2) add to PHL § 2995-a(1)(n) three new fields for hours of operation of the primary practice setting, availability of assistive technology at the primary practice setting, and whether the licensee is accepting new patients; (3) revise PHL § 2995-a(1)(q) to specify that the reporting of information about the health plans with which a physician participates will not be the physician's responsibility, but will be included by DOH using information submitted to DOH by health plans and other sources; (4) add a new PHL § 2995-a(1)(r) to include a field for the physician's website and social media accounts; and (5) add a new PHL § 2995-a(1)(t) to require workforce research and planning information, as determined by the Commissioner of Health.
Read the full memo (901 words)
Section 2 of the bill would add a new subdivision 1-b to PHL § 2995-a to permit a physician to designate a person to maintain and update profile information on the physician's behalf.
Section 3 of the bill would amend PHL § 2995-a(4) to provide clarification on when a physician is required to update his or her profile information. In addition, workforce information in new PHL § 2995- a(1)(t) would not be updated every time it changes - rather, it would be updated along with all other profile information prior to re-registration.
Section 4 of the bill would amend PHL § 2995-a(6) to clarify which data elements are optional for physicians to report and optional to publish on the Physician Profile. Specifically, the amendment would: (1) add a reference to PHL § 2995-a(1)(k), an existing field related to a physician's appointments to medical faculties and responsibilities for graduate medical education, making this an optional field; (2) remove the reference to PHL § 2995-a(1)(n), which includes an existing field for the location of the primary practice setting and the other three new fields noted above (hours of operation, availability of assistive technology, and whether new patients are being accepted), to provide that these are not optional fields; (3) remove the reference to PHL § 2995-a(1)(q) related to health plan participation so this would no longer be an optional field (but, as noted above, DOH will provide this information rather than the physician); (4) add a reference to PHL § 2995-a(1)(r), the new field for the website and social media accounts, making this optional; (5) add a reference to PHL § 2995-a(1)(s), the field related to the names of other physicians sharing a group practice which was previously in PHL § 2995-a(1)(n), to maintain this as an optional field; and (6) provide that the workforce information field in new PHL § 2995-a(1)(t) shall be omitted from the public profile.
Section 5 provides that the bill would take effect 180 days after enactment.
Justification
Established in 2000 by the New York Patient Health Information and Quality Improvement Act (PHL § 2995, et seq.), the Physician Profile is a publicly available, online resource, providing information about individual New York State licensed physicians. The Physician Profile (Profile) is one of DOH's most popular sites, averaging more than 100,000 unique Internet Protocol address visits per month. Chapter 57 of the Laws of 2015 amended PHL § 2995-a to require that DOH study the feasibility of incorporating health plan reporting requirements regarding health plan network participation to the Profile, without imposing extra burden on physicians, to ensure that the information is available, accurate, up-to-date, and accessible to consumers. DOH engaged a wide range of stakeholders to acquire input on how the Profile could be improved to ensure its continued value to the public and others. This proposal results from DOH's study.
This bill would codify a number of the suggestions made by the stakeholders, including: (1) improving reporting to the Profile by linking the Profile and the licensure/registration process and allowing physicians to authorize designees to maintain and update his or her profile; (2) requiring information be reported to the Profile that is important to consumers, such as hours of operation, whether the physician is accepting new patients, and the availability of assistive technology; (3) inclusion of a listing of health plan networks in which physicians participate since determining which physicians accept what health insurance product is a critical factor in considering who to select as a care provider; and (4) requiring additional information be reported by physicians for the sole purpose of workforce research and planning to help reduce redundant reporting and data collection, as well as improving the ability to monitor physician workforce trends and inform policymakers as they develop and implement initiatives to ensure that physician supply can meet demand.
Legislative history
This is a new bill.
Fiscal implications
None.
Effective date
180 days, succeeding enactment.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.