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S T A T E O F N E W Y O R K
________________________________________________________________________
1911
2025-2026 Regular Sessions
I N S E N A T E
January 14, 2025
___________
Introduced by Sens. RIVERA, CLEARE -- read twice and ordered printed,
and when printed to be committed to the Committee on Health
AN ACT to amend the public health law and the insurance law, in relation
to health care professional applications and terminations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 5-e of section 4406-c of the public health law,
2 as added by chapter 377 of the laws of 2019, is amended to read as
3 follows:
4 5-e. (A) At least sixty days prior to the termination of a contract
5 between a hospital and a health care plan, the parties shall utilize a
6 mutually agreed upon mediator to assist in resolving any outstanding
7 contractual issues. The results of the mediation shall not be binding on
8 the parties.
9 (B) AT LEAST SIXTY DAYS PRIOR TO THE EXPIRATION OR NON-RENEWAL OF A
10 CONTRACT BETWEEN A PHYSICIAN OR PHYSICIAN GROUP PRACTICE AND A HEALTH
11 CARE PLAN, A PHYSICIAN OR PHYSICIAN GROUP MAY, AT THEIR DISCRETION,
12 UTILIZE A MUTUALLY AGREED UPON MEDIATOR TO ASSIST IN RESOLVING ANY
13 OUTSTANDING CONTRACTUAL ISSUES. AT LEAST ONE WEEK PRIOR TO THE MEDI-
14 ATION, THE PARTIES SHALL PROVIDE A WRITTEN STATEMENT EXPLAINING THEIR
15 RESPECTIVE POSITIONS, INCLUDING BUT NOT LIMITED TO THEIR RATIONALE FOR
16 THE DECISION, REGARDING THE NON-RENEWAL OF THE CONTRACT. THE RESULTS
17 OF THE MEDIATION SHALL NOT BE BINDING ON THE PARTIES. A TERMINATED
18 CONTRACT BETWEEN SUCH PARTIES SHALL BE GOVERNED BY SECTION FOUR THOUSAND
19 FOUR HUNDRED SIX-D OF THIS ARTICLE.
20 § 2. Subsection (l) of section 3217-b of the insurance law, as added
21 by chapter 377 of the laws of 2019, is amended to read as follows:
22 (l) (1) At least sixty days prior to the termination of a contract
23 between a hospital and an insurer, the parties shall utilize a mutually
24 agreed upon mediator to assist in resolving any outstanding contractual
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03549-01-5
S. 1911 2
1 issues. The results of the mediation shall not be binding on the
2 parties.
3 (2) AT LEAST SIXTY DAYS PRIOR TO THE EXPIRATION OR NON-RENEWAL OF A
4 CONTRACT BETWEEN A PHYSICIAN OR PHYSICIAN GROUP PRACTICE AND AN INSUR-
5 ER, A PHYSICIAN OR PHYSICIAN GROUP MAY, AT THEIR DISCRETION, UTILIZE A
6 MUTUALLY AGREED UPON MEDIATOR TO ASSIST IN RESOLVING ANY OUTSTANDING
7 CONTRACTUAL ISSUES. AT LEAST ONE WEEK PRIOR TO THE MEDIATION, THE
8 PARTIES SHALL PROVIDE A WRITTEN STATEMENT EXPLAINING THEIR RESPECTIVE
9 POSITIONS, INCLUDING BUT NOT LIMITED TO THEIR RATIONALE FOR THE DECI-
10 SION, REGARDING THE NON-RENEWAL OF THE CONTRACT. THE RESULTS OF THE
11 MEDIATION SHALL NOT BE BINDING ON THE PARTIES. A TERMINATED CONTRACT
12 BETWEEN SUCH PARTIES SHALL BE GOVERNED BY SECTION FOUR THOUSAND EIGHT
13 HUNDRED THREE OF THIS CHAPTER.
14 § 3. Subsection (m) of section 4325 of the insurance law, as added by
15 chapter 377 of the laws of 2019, is amended to read as follows:
16 (m) (1) At least sixty days prior to the termination of a contract
17 between a hospital and an organization, the parties shall utilize a
18 mutually agreed upon mediator to assist in resolving any outstanding
19 contractual issues. The results of the mediation shall not be binding on
20 the parties.
21 (2) AT LEAST SIXTY DAYS PRIOR TO THE EXPIRATION OR NON-RENEWAL OF A
22 CONTRACT BETWEEN A PHYSICIAN OR PHYSICIAN GROUP PRACTICE AND A CORPO-
23 RATION, A PHYSICIAN OR PHYSICIAN GROUP MAY, AT THEIR DISCRETION, UTILIZE
24 A MUTUALLY AGREED UPON MEDIATOR TO ASSIST IN RESOLVING ANY OUTSTANDING
25 CONTRACTUAL ISSUES. AT LEAST ONE WEEK PRIOR TO THE MEDIATION, THE
26 PARTIES SHALL PROVIDE A WRITTEN STATEMENT EXPLAINING THEIR RESPECTIVE
27 POSITIONS, INCLUDING BUT NOT LIMITED TO THEIR RATIONALE FOR THE DECI-
28 SION, REGARDING THE NON-RENEWAL OF THE CONTRACT. THE RESULTS OF THE
29 MEDIATION SHALL NOT BE BINDING ON THE PARTIES. A TERMINATED CONTRACT
30 BETWEEN SUCH PARTIES SHALL BE GOVERNED BY SECTION FOUR THOUSAND EIGHT
31 HUNDRED THREE OF THIS CHAPTER.
32 § 4. This act shall take effect on the ninetieth day after it shall
33 have become a law.