How the 2019 Legislative Session Impacts Medical Liability and Healthcare in New York

MLMIC has released a new edition of The Albany Report to help policyholders understand the impact of the most recent New York State Legislative session on the medical professional liability insurance market. Volume 3, Number 2, details the following legislative, regulatory and political developments from the most recent session that can affect policyholders’ practice in New York State:

• Although most bills advanced by the New York State Trial Lawyers Association (NYSTLA) did not pass – due, in part, to opposition from the healthcare and insurance industries – two did pass both houses. A2373/S6552 permits a plaintiff to bypass the defendant they sued and go after a party who is not named in the lawsuit. A2372/S6081 requires a non-settling defendant in a lawsuit with multiple defendants to choose a reduction method prior to trial, which would now allow for a plaintiff to receive more in damages than the jury awarded.
• The Legislature failed to pass S1801 Rivera/A1164 Gottfried, which supports medical malpractice peer review and quality improvement programs for qualifying medical group practices, including provisions for strong confidentiality and immunity protections under New York law.
• Both houses approved creation of a maternal mortality review board to study and make recommendations regarding the unacceptably high rate of maternal deaths and how to reduce these tragedies (A3276/S1819).

The 2019 NYS legislative session adjourned on June 21, and the Legislature is not scheduled to return until January 2020. MLMIC considers the Legislature’s receptivity to numerous NYSTLA proposals alarming for physicians, dentists, hospitals and all other participants in the New York healthcare sector and will continue to monitor and oppose this development. For over 40 years, MLMIC has been committed to meeting the liability insurance needs of physicians, dentists, hospitals and other healthcare professionals. As a core part of its mission, MLMIC is, and always has been, a strong advocate for the healthcare community and has effectively lobbied for legislative and regulatory reform to address those issues that continue to impact healthcare professionals. The Albany Report is intended to enhance this advocacy.