Bill A3103A (Koon) / S4018-A (Hassell-Thompson) (August 17, 2010) was signed by Governor Paterson. This bill adds registered nurses and license practical nurses to assault of emergency medical professionals and provides for class C and D felonies for physician injury to them. To read the bill in its entirety, click here (enter bill number and 2010)
 

 
Action Alert (July 20, 2010)
 
(Update 8-2-10) Governor Paterson signed the No Fault Intoxicated Driver Bill into law (S.7845, Breslin/A.11116, Dinowitz) today. This legislation has been a top priority for New York ACEP for over a decade. Approval of the law, that takes effect 180 days from today, could not have happened without your calls and letters. This new law requires No Fault insurance carriers to compensate emergency physicians and other health care providers for emergency services provided to patients regardless of whether they were injured as a result of driving while intoxicated.
 
Action Needed Immediately to Urge Governor Paterson to Sign the No-Fault Bill S.7845 into Law
 
The No-Fault Bill passed by the Senate and Assembly was sent yesterday (July 19) to the Governor. The Governor has 10 days (July 29) to sign or veto the bill. We need your help to get Governor Paterson to sign S.7845 into law.
 
Please take action today. We need every New York ACEP member to call Governor Paterson's office at (518) 474-8390.  

This New York ACEP priority legislation (S.7845, Breslin) requires No-Fault insurance coverage for emergency medical services provided to a patient regardless of whether he or she has been injured by driving while intoxicated.
 
When calling, mention that you are an emergency physician in New York State and strongly urge the Governor's approval of Senate Bill 7845. Remind the Governor that physicians are required by Federal law (EMTALA) to provide emergency department care to all patients, regardless of whether the patient is intoxicated and/or insured. However, current law does not allow health care providers to receive compensation for their services under a patient's No-Fault automobile insurance policy if the patient was driving while intoxicated. As a result, emergency physicians and other health care providers must absorb the cost of the treatments provided. This is a gross inequity in the current law, which would be corrected by S.7845.
 
Your action is critical for success.  Please call today.  You can make a difference. 
 
Statistics
In 2005, 37% of all auto crash fatalities in New York were alcohol-related.
- National Highway Traffic Safety Administration
 
Emergency departments in New York State provided care for 6,419 intoxicated drivers injured in motor vehicle accidents in 2002.
- National Trauma Data Bank Report of 2002
 
 
 To view New York ACEP's memo in support of this bill click here. Please act today. 
 


Action Alert (June 22, 2010)
 

(Update 7-2-10) On the final day of the formal 2010 legislative session, the Assembly unanimously passed one of New York ACEP's top priorities (A.11116/S.7845) sponsored by Assemblyman Jeffrey Dinowitz and Senator Neil Breslin, to require No Fault insurance carriers to cover the costs of emergency services provided to patients regardless of whether they were injured by driving while intoxicated. Thank you for all your phone calls in support of this bill.

 
Action Needed TODAY to Urge Passage of the No-Fault Bill, A.11116 By the Assembly Codes Committee
 
Please call the office of every member of the Assembly Codes Committee no later than 1:30 pm Wednesday, June 23
 
At New York ACEP's request, legislation (A.11116, Dinowitz/ S.7845, Breslin) to require No-Fault insurance coverage for emergency medical services provided to a patient regardless of whether he or she has been injured by driving while intoxicated is on the Assembly Codes Committee agenda for Wednesday, June 23.
 
Due to your past efforts and that of New York ACEP's, the bill has already passed in the State Senate. Now, we need your continued help to ensure that A.11116 is reported out of the Assembly Codes Committee.
 
Please take action today. Call the members of the Assembly Codes Committee to ask for their support of this critically important legislation on the Committee agenda for Wednesday, June 23.  
 
Below is the list of Codes Committee members organized by region of the State. The Assembly switchboard number is (518) 455-4100. 
 
ASSEMBLY CODES COMMITTEE
Assembly Switchboard#: (518) 455-4100
 
 
 
Your action is critical to our success.  Please call today and tomorrow.  You can make a difference.
 
Understanding the Issue:
Current law permits an automobile insurance carrier to disclaim coverage in instances where a person is injured because he or she was driving while intoxicated. As a result, emergency physicians do not receive payment for rendering essential and lifesaving health care services to such patients.  This is a gross inequity in the system, which would be corrected by A.11116/ S.7845. 
 
Statistics:
In 2005, 37% of all auto crash fatalities in New York were alcohol-related.
- National Highway Traffic Safety Administration
 
Emergency departments in New York State provided care for 6,419 intoxicated drivers injured in motor vehicle accidents in 2002.
- National Trauma Data Bank Report of 2002

 
 To view New York ACEP's memo in support of this bill click here. Please act today. 
 
 

Action Alert (June 4, 2010)
  
[June 7, 11:54 am] We are pleased to report that the No Fault bill was just passed out of the Senate Insurance without issue. It has been referred to Senate codes. We will continued to press for its advancement in both house. Thank you New York ACEP members for your efforts in making calls to Senators.

 
Senate Insurance Committee to consider
No-Fault bill,  Monday (6/7/10)
Senate bill S.7845 sponsored by Senator Breslin 

At New York ACEP's request, legislation (S.7845, Breslin/ A.11116, Dinowitz) to require No-Fault insurance coverage for emergency medical services provided to a patient regardless of whether they have been injured by driving while intoxicated is on the Senate Insurance Committee agenda for Monday, June 7 at 11:00 AM. We need your help to ensure that Senate bill S.7845 is reported out of the Senate Insurance Committee.
 
Please take action today.
 
Senator Breslin, Chair & Bill Sponsor, Albany County, 518-455-2225
Senator Alesi, Monroe County, 518-455-5294
Senator Diaz, Bronx County, 518-455-2511
Senator Espada, Bronx County, 518-455-3395
Senator Golden, Kings County, 518-455-2730
Senator C Johnson, Nassau County, 518-455-2622
Senator C Kruger, Kings County, 518-455-2460
Senator Larkin, Orange County, Ulster County, 518-455-2770
Senator LaValle, Suffolk County, 518-455-3121
Senator Leibell, Dutchess County,  Putman County, Westchester County, 518-455-3111
Senator McDonald, Rensselaer County, Saratoga County, 518-455-2381
Senator Parker, Kings County, 518-455-2580
Senator Peralta, Queens County, 518-455-2529
Senator Sampson, Kings County, 518-455-2788
Senator Seward, Chenango County, Cortland County, Greene County, Herkimer County, Ostego County,Schoharie County, Tompkins County, 518-455-3131
Senator Stachowski, Erie County, 518-455-2426
Senator Thompson, Erie County, Niagara County, 518-455-3371
Senator Young, Allegany County, Cattaraugus County, Chautaqua County, Livingston County, 518-455-3563

Call as many members of the Senate Insurance Committee as you can today to ask for their support of this critically important legislation. Below is a chart of Albany phone numbers for every member of the Senate Insurance Committee.

Your action is critical to our success.  Please call today.  You can make a difference. THANK YOU.   
 
This bill requires No-Fault insurance coverage for emergency services provided to a patient regardless of whether they have been injured while driving while intoxicated. When speaking with the Senator explain why this bill is important to you as an emergency physician and as their constituent (see talking points below).
 
Understanding the Issue:

Current law permits an automobile insurance carrier to disclaim coverage in instances where a person is injured because he or she was driving while intoxicated. As a result, emergency physicians do not receive payment for rendering essential and lifesaving health care services to such patients. This is a gross inequity in the system, which would be corrected by S.7845/ A.11116. Click here also makes it very difficult to get specialists to come to emergency departments to provide care to intoxicated drivers.

Physicians are required by Federal Law (EMTALA) to provide emergency care to all patients who walk through the door, regardless of whether the patient is intoxicated, yet emergency physicians are forced to absorb the costs associated with such treatment in these cases. This is a gross inequity in the system, which would be corrected by Senate bill 3554. To view New York ACEP's memo in support of this bill click here.
 
Statistics:
In 2005, 37% of all auto crash fatalities in New York were alcohol-related.
- National Highway Traffic Safety Administration

Emergency departments in New York State provided care for 6,419 intoxicated drivers injured in motor vehicle accidents in 2002.
- National Trauma Data Bank Report of 2002

To view New York ACEP's memo in support of this bill click here. Please act today. 

Your involvement will make a difference.


Action Alert (February 22, 2010)
 
[February 23, 4:12 pm] The Assembly Insurance Committee removed this bill from the 2-23 committee agenda. We appreciate everyone's efforts in making calls to Assembly representatives.

  
Assembly Insurance Committee to consider No-Fault bill Tuesday, February 23, 2010
Assembly bill 6843 sponsored by Assemblyman Dinowitz
 
Assembly representatives who are members of the Insurance Committee will be voting tomorrow, Tuesday, February 23 on the No-Fault bill A.6843.
 
We need you to make a call today urging your Assembly representative to pass Assembly bill 6843. Your call is crucial in passing No-Fault legislation and in making this issue a priority with your Assembly representative. 
 
Call the Assembly Switchboard (518) 455-4100 today.
 
This bill requires No-Fault insurance coverage for emergency services provided to a patient regardless of whether he or she has been injured while driving while intoxicated. When speaking with your Assembly representative explain why this bill is important to you as an emergency physician and as their constituent (see talking points below).
 
Understanding the Issue:
Current law permits an automobile insurance carrier to disclaim coverage in instances where a person is injured because he or she was driving while intoxicated. As a result, emergency physicians do not receive payment for rendering essential health care services to such patients. This inequity also makes it very difficult to get specialists to come to emergency departments to provide care to intoxicated drivers.

Physicians are required by Federal Law (EMTALA) to provide emergency care to all patients who walk through the door, regardless of whether the patient is intoxicated, yet emergency physicians are forced to absorb the costs associated with such treatment in these cases. This is a gross inequity in the system, which would be corrected by Assembly bill 6843.

Statistics:
In 2005, 37% of all auto crash fatalities in New York were alcohol-related.
- National Highway Traffic Safety Administration
 
Emergency departments in New York State provided care for 6,419 intoxicated drivers injured in motor vehicle accidents in 2002.
- National Trauma Data Bank Report of 2002
  Please act today. Your involvement will make a difference.
 
  Enter your contact information and click on "Find."
 


Action Alert (February 8, 2010)


[February 9, 11:12 am] The Senate Codes committee voted to move this bill to the Senate floor for a vote there. We appreciate everyone's efforts in making calls to Senators.

 
Please Call Your State Senator Today to Ask Them to PASS No-Fault Legislation

As a result of all of your local efforts, legislation (Senate bill 3554, sponsored by Senator Breslin, Senator Bonacic) to require No-Fault insurance coverage for emergency services provided to a patient regardless of whether he or she has been injured by driving while intoxicated, was voted out of the Senate Insurance Committee and is in the Senate Codes Committee. 

We need your continued help by calling your State Senators to urge their support and co-sponsorship of Senate bill 3554. Ask that this bill be voted on by the Codes Committee and passed by the Senate.

When speaking with your Senator explain why this bill is important to you as an emergency physician and as their constituent (see talking points below). 

Your your calls are crucial to make this issue a priority for Senators.  Please call your Senator in Albany today (Switchboard Number 518-455-2800). 

Understanding the Issue:

  • Current law permits an automobile insurance carrier to disclaim coverage in instances where a person is injured because he or she was driving while intoxicated. As a result, emergency physicians do not receive payment for rendering essential health care services to such patients. This inequity also makes it very difficult to get specialists to come to emergency departments to provide care to intoxicated drivers.
  • Physicians are required by Federal Law (EMTALA) to provide emergency care to all patients who walk through the door, regardless of whether the patient is intoxicated, yet emergency physicians are forced to absorb the costs associated with such treatment in these cases. This is a gross inequity in the system, which would be corrected by Senate bill 3554.
Statistics:
In 2005, 37% of all auto crash fatalities in New York were alcohol-related.
- National Highway Traffic Safety Administration

Emergency departments in New York State provided care for 6,419 intoxicated drivers injured in motor vehicle accidents in 2002.
- National Trauma Data Bank Report of 2002
  Please act today. Your involvement will make a difference.
 
  Enter your contact information and click on "Find."
 

Action Alert (November 3, 2009)
Governor Calls Legislature Back to Session November 10 to Debate Budget Cuts
 
Governor Paterson recently announced a proposal to cut $2.5 billion in State share funding from the 2009-10 State Fiscal Year budget which ends March 31, 2010. 

The Governor has called the Legislature back for a special session November 10 to consider action on his Deficit Reduction Plan (DRP).

The Governor's DRP includes a cut of $5.7 million in Medicaid reimbursement for physician services. If enacted, this would result in a 10% cut to physician Medicaid fees from November 15-March 31, 2010 and a 3.7% cut to Medicaid fees for the next fiscal year (2010-2011).  

Please personalize the letter below and send it to the district office of your State Senator and Assembly member this week. You can also call your representatives and ask them not to cut Medicaid reimbursement for emergency physicians when they return to Albany for the Special Session.

Please act today. Your involvement will make a difference.
 
Enter your contact information and click on "Find."
 
 
If you need assistance identifying your representatives, contact New York ACEP at (585) 546-5141 or by email at nyacep@nyacep.org
 
Letter Sample 

Dear Senator/Assembly member:
 
I am writing as an emergency physician living/working in your district to ask you to reject provisions of Governor Paterson's proposed Deficit Reduction Plan (DRP) to cut Medicaid reimbursement for emergency physicians.
 
There is no question that the State is facing enormously difficult financial times, but now is not the time to reduce funding for the emergency health care safety net. The recession has created job losses and increased numbers of uninsured individuals who seek care in hospital emergency departments (EDs). In addition, the spread of the H1N1 virus is putting a tremendous strain on the staff and resources of EDs.
 
Emergency physicians are one of the largest indigent care providers in the State, providing care 24 hours a day, 365 days a year to every patient who walks in the door, regardless of the patients' ability to pay. Over 7 million people visit New York's EDs every year. During nights, weekends and holidays, emergency departments are often the only available option for patients with concerning symptoms and injuries. The majority of services that we provide are for the treatment of high level, emergent and critical conditions.
 
Despite the fact that emergency physicians are mandated by State and Federal laws to care for every patient who enters the ED, Medicaid reimbursement is woefully inadequate to care for our patients, providing only $25 per visit. The costs for medical liability insurance, billing, overhead and standard benefits per patient vastly exceed the $25 per visit reimbursement, without taking into account compensation for patient care evaluation and treatment services.
 
New York's Medicaid rates are significantly less than those paid by Medicare for the same services and by neighboring states. This seriously undermines the practice of quality emergency medicine in New York State. It also greatly impacts New York's ability to retain practicing emergency physicians and recent graduates in emergency medicine. For instance, the American College of Emergency Physicians (ACEP) released a report card for New York in 2009, which ranked New York 36th in the nation for the number of board-certified emergency physicians to treat patients.
 
With the recession, the current pandemic outbreak of H1N1, the increased threat of terrorism, and the possibility of a natural disaster, it is particularly important for EDs to be prepared for the possibility of large-scale emergency crises. Emergency departments need more resources, not less, in these difficult times. I respectfully ask you to reject Governor Paterson's DRP proposal to cut reimbursement for emergency physicians when you return to Albany for the Special Session.
 
Sincerely, 
 
Your Name

Action Alert (September 1, 2009) No-Fault Bill, S.3554

As a result of all of New York ACEP’s grassroots and Albany-based efforts during the 2009 legislative session, the New York Assembly passed legislation (A.6843, sponsored by Assemblyman Dinowitz) to require No-Fault insurance coverage for emergency medical services provided to a patient regardless of whether he or she has been injured by driving while intoxicated.  Now, we need your help to get the Senate to pass the bill (S.3554, sponsored by Senator Breslin) which is in the Senate Rules Committee when they return to Albany for a September Special Session.

Call Switchboard # (518) 455-2800 your Senator to ask for the passage of this legislation by the Senate in September.  Please call today. You can make a difference.

Understanding the Issue:
  • Current law permits an automobile insurance carrier to disclaim coverage in instances where a person is injured because he or she was driving while intoxicated.  As a result, physicians do not receive payment for rendering essential emergency health care services to such patients.  Physicians are required by Federal Law (EMTALA) to provide emergency care to all patients who walk through the door, regardless of whether the patient is intoxicated, yet emergency physicians are forced to absorb the costs associated with such treatment in these cases.  This is a gross inequity in the system, which would be corrected by Senate bill 3554.
  • This bill has passed the Senate with overwhelming support in prior years.
Statistics:
In 2005, 37% of all auto crash fatalities in New York were alcohol-related. - National Highway Traffic Safety Administration
 
Emergency departments in New York State provided care for 6,419 intoxicated drivers injured in motor vehicle accidents in 2002. - National Trauma Data Bank Report of 2002
 
 
Enter your contact information and click on "Find."
 
 
If you need assistance identifying your representatives, contact New York ACEP at (585) 546-5141 or by email at nyacep@nyacep.org
 

 
Action Alert (June 18, 2009) - No Fault Legislation
 
Please Call Your State Senator Today to Ask Him/Her to PASS No-Fault Legislation

We need your continued help by calling your State Senators TODAY to urge their support and co-sponsorship of Senate Bill 3554. Ask that this bill be voted on by the Senate before the session adjournment.

As you may be aware the State Senate is currently deadlocked with a 31-31 divide with both the Senate Republicans (plus one Democrat)(31) and the Senate Democrats(31) claiming control of the house. In this case your calls are crucial to make this issue a priority for Senators.  Please call your Senator in Albany today (Switchboard Number 518-455-2800). 

First and Foremost tell your Senator that this bill has Bipartisan Support with Senator Breslin (Democrat) and Senator Bonacic (Republican) co-sponsoring the bill.

As a result of all of your local efforts, legislation (Senate bill 3554, sponsored by Senator Breslin, Senator Bonacic) to require No-Fault insurance coverage for emergency services provided to a patient regardless of whether he or she has been injured by driving while intoxicated, has already passed the full State Assembly and was voted out of the Senate Insurance Committee and is currently on Third Reading or ready for final passage in the politically deadlocked Senate. 

When speaking with your Senator explain why this bill is important to you as an emergency physician and as their constituent (see talking points below). 

Understanding the Issue:
Current law permits an automobile insurance carrier to disclaim coverage in instances where a person is injured because he or she was driving while intoxicated. As a result, emergency physicians do not receive payment for rendering essential health care services to such patients. This inequity also makes it very difficult to get specialists to come to emergency departments to provide care to intoxicated drivers.

Physicians are required by Federal Law (EMTALA) to provide emergency care to all patients who walk through the door, regardless of whether the patient is intoxicated, yet emergency physicians are forced to absorb the costs associated with such treatment in these cases.  This is a gross inequity in the system, which would be corrected by Senate bill 3554.

Statistics:
In 2005, 37% of all auto crash fatalities in New York were alcohol-related.
- National Highway Traffic Safety Administration

Emergency departments in New York State provided care for 6,419 intoxicated drivers injured in motor vehicle accidents in 2002.
- National Trauma Data Bank Report of 2002

  
 
 
 
Enter your contact information and click on "Find."
 
 
If you need assistance identifying your representatives, contact New York ACEP at (585) 546-5141 or by email at nyacep@nyacep.org
 

 
Action Alert (June 18, 2009) - Medical Malpractice Rate Freeze
 
With a few days left in the scheduled 2009 Legislative Session and the State Senate deadlocked in a 31-31 leadership struggle, absent intervention by the Governor and the Legislature physicians face the possibility of rate increases of over 15% after July 1, 2009. The premium rate freeze, enacted in 2008 by the State Legislature and Governor, expires June 30. The issue of controlling the exorbitant cost of physician medical liability insurance continues to be debated but today with literally days left in the Legislative Session the message is simple:
 
“Extend the Medical Malpractice Rate Freeze that Expires on July 1, 2009”

Call Governor Paterson, 1-518-474-8390
Call Speaker Silver, 1-518-455-3791
Call Senator Sampson, 1-518-455-2788
Call Senator Skelos, 1-518-455-2788
Call Senator Espada, 1-518-455-3395
 
Call your local senator and assembly person.

Enter your contact information and click on "Find."

 
 





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