Legislation


A 3659 (see companion bill S 1007) – New York

Status: In Process
Year Introduced: 2021
Link: https://nyassembly.gov/leg/?bn=3659

Prohibits an insurer or health maintenance organization from including certain requirements in insurance contracts. The legislation would ban anti-competitive hospital contracting practices that create higher health care prices for consumers and employers.

Section one amends the insurance law to prohibit health plans from entering into agreements or contracts with health care providers that require the health plan to include all members of a provider group in its network, require the health plan to place all members of a provider group in the same network tier, require the health plan to include all members of a provider group in all of its-products, forbid health plans
from using benefit design to encourage consumers to seek services from higher-value health care providers; contain most-favored-nation provisions in which the provider will not give an equal or more favorable price to any other plan; or limit the ability of the health plans or provider from disclosing fees for services or the allowed amounts. Such provisions in existing-contracts would become null and void effective January 1, 2021.

Section two amends the public health law to prohibit health plans from entering into agreements or contracts with health care providers that require the health plan to include all members of a provider group in its network, require the health plan to place all members of a provider group in the same network tier, require the health plan to include all members of a provider group in all of its products, forbid health plans from using benefit design to encourage consumers to seek services from higher-value health care providers, contain most-favored-nation provisions in which the provider will not give an equal or more favorable price to any other plan, or limit the ability of the health plans or provider from disclosing fees for services or the allowed amounts. Such provisions in existing contracts would become null and void effective January 1, 2021.


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