MSSNY eNews: May 27, 2022

Senate and Assembly Pass Bills to Limit Insurer Interference with Patients Obtaining Needed Medications
The New York State Senate passed two important measures this week supported by MSSNY to help patients overcome health insurance restrictions that may interfere with patients obtaining needed medications. Both bills were passed by the Assembly earlier this Session, so they will be sent to Governor Hochul later in the year for her signature.

The first bill, A.1741/S.5299, would prohibit health insurers from preventing patients from using copay cards or coupons to help meet their often-enormous deductibles and cost-sharing requirements.  This legislation would help patients, particularly those on chronic medication therapies, to realize the full benefit of these discount cards and help them meet their deductible requirements earlier in a calendar year.  MSSNY has been working with a number of patient and physician advocacy groups to support this important legislation, including the American Cancer Society, the Multiple Sclerosis Society, and the Bleeding Disorders Coalition.  Read the joint press release: Joint Press Release (

The second bill, A.3276/S.5909, would prevent health insurers from imposing step therapy or fail first protocols on coverage for patient prescriptions to address mental health conditions.  In 2016, MSSNY worked with a number of patient advocacy groups to enact a law that established strict criteria to better enable a physician, on behalf of their patient, to override a health insurer step therapy/fail first protocol.  This legislation would go a step further, ensuring that these step therapy protocols would not be imposed at all for medications to treat mental health conditions.  Read MSSNY’s memo in support: S5909-A3276 support (

Do Not Wait. Please Urge Your Legislators to Reject Drastic Liability Expansion Bill that May Drive Up Your Premiums by Over 40%!!
Physicians are urged to immediately contact their legislators to request that they reject legislation (S.74-A/A.6770) strongly opposed by MSSNY, hospital associations, municipalities, and numerous other groups. This legislation would create untenable increases in New York’s already gargantuan medical liability insurance costs by exponentially increasing the types of damages awardable in all wrongful death actions, including lawsuits against physicians. A letter and/or tweet can be sent from here: Don’t Chase Physicians out of NY! (

The bill has advanced to the Assembly floor and to the Senate Finance Committee.  There is substantial pressure being placed on the Legislature to pass this bill in the remaining days of the 2022 Session.

One recent actuarial estimate indicated that passage of this legislation could require a liability premium increase of over 40%, which translates to tens of thousands of dollars in new costs for physicians, many of whom already pay tens or hundreds of thousands of dollars per year in their insurance costs. Under ordinary circumstances, these kinds of increases would be unsustainable and could have huge negative consequences on patient access to care at community hospitals and physician offices.  However, with so many physician practices only beginning to recover from the huge drop in patient visits and revenue during the pandemic, legislation to impose such premium increases would be unconscionable.  It could prompt significant disruptions in patient access to care.

While some say New York is an outlier compared to other states by not having this type of law, what they neglect to mention is that most of these other states also have enacted comprehensive   medical liability insurance reform, including limits on damages, that contain the enormous costs this proposal would impose.  New York has no such laws, which is why our medical liability insurance and payout costs far exceed every other state in the country, making New York regularly ranked as one of the worst states in the country to be a physician. Best & Worst States for Doctors ( & Worst States for Doctors (

Please let your legislators know that comprehensive legislation is needed to bring down New York’s excessively high medical liability premiums, which far exceed every other state in the country, instead of stand-alone bills that would drive up these costs.

Podcast: The End of the 2022 NYS Legislative Session, Challenges and Successes.
Listen to MSSNY’s May 27th podcast as Senior Vice-President & Chief Legislative Counsel Moe Auster discusses the end of the 2022 NYS Legislative Session, challenges and successes.

Health Care Mandate Bills Pass the Legislature This Week
Despite concerns expressed by MSSNY together with several specialty societies about legislating the practice of medicine, a handful of bills requiring physicians and other health care providers to take specific actions in various patient care situations have passed both Houses of the Legislature.

  • 2521-C/A.3470-C would require enhanced disclosure by hospitals and other health care providers to patients of facility fees not covered by insurance, including requiring employed health care providers to disclose in advance if their employer health system is charging a facility fee. While MSSNY and several specialty societies have strongly objected to the aspect of the legislation to require an employee physician to disclose fees charged by their employer, the C-print of this legislation was a significant improvement over an earlier, untenable, version which would have required physicians and hospitals to jointly bill.
  • 4640/A.273 would require physicians and other care providers, prior to writing an initial prescription for an opioid medication to treat neuromusculoskeletal pain, to “consider and discuss with the patient” non-opioid treatment alternatives. These alternatives include but are not limited to non-opioid medications, physical therapy, massage therapy, chiropractic, acupuncture and exercise.  The bill provides that such steps would not be required when opioid prescriptions are written to treat post-surgical pain management, treating patients with cancer, for end-of-life care, or in an emergency.
  • 6287-B/A.7560-A would require OB-GYNs and midwives to provide information to their pregnant patients regarding the risks of cytomegalovirus (CMV) on their first visit during the pregnancy. The materials to be shared would be developed by the New York State Department of Health.

MSSNY will be reaching out to the Governor’s office to urge that these bills either be vetoed, or that chapter amendments be adopted, to reduce the additional documentation burden, necessary to prove compliance, these bills will impose at a time when physicians are already drowning in excessive paperwork that is contributing to physician burnout.

There are countless other practice mandate bills still under active consideration in the Session’s final days.

Legislature Passes Bill to Provide Some New Protections Against OMIG Audits
The Senate and Assembly passed legislation (A.7889-A, Gottfried/S.4486-B, Harckham) this week to provide some additional due process protections to health care providers audited by the Office of Medicaid Inspector General (OMIG).  Specifically, the bill would:

  • Require the OMIG to wait at least 60 days after issuing a final audit report before starting a recovery action on any overpayments, and to provide a minimum of 10 days advance written notice to the affected provider.
  • Prohibit OMIG from making a recovery from a provider based solely on an administrative or technical defect without any intent to falsify or defraud, except where OMIG has informed the provider of the error and given the provider 30 days to correct it, and the provider did not correct the error.
  • Require OMIG to provide an exit conference or detailed written explanation of any draft audit findings to the provider.
  • Require OMIG to only use statistically reasonable and valid extrapolation methods for audits in circumstances where extrapolation is permitted.
  • Prohibit repeating a review or audit of the same contracts, cost reports, claims, bills, or expenditures unless the OMIG has new information, good cause to believe the previous audit was erroneous, or a significantly different scope of investigation.
  • Require OMIG to apply all laws, regulations, policies, guidelines, standards, and interpretations that were in place at the time the claim or conduct occurred.

Colorectal Cancer Insurance Screening Bill Passes New York State Legislature
Legislation has passed the New York State Legislature that would require health insurance providers to provide coverage for colorectal cancer screening(s) in accordance with American Cancer Society guidelines for average risk individuals. As of May 2021, the guidelines recommend beginning screening at age 45 for such individuals. A20985A/S906B, sponsored by Assemblymember Jeffrey Dinowitz and Senator Sanders, will now go to Governor Kathy Hochul for signature. The Medical Society of the State of New York supported this measure and joined with various public health organizations and specialty societies in support.

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Measure to Establish Cultural Competence Training for Medical Professionals Passes NY State Senate
A measure (S.1352, Serrano) to establish cultural awareness and competence training for medical professionals has passed in the New York State Senate.  The Assembly companion bill (A.9828A, Cruz) remains in the Assembly Higher Education Committee. The Medical Society of the State of New York has policy that generally supports 50 hours of continuing medical education for all physicians, but that is based on the physician specialty and choice to meet their practice needs.

Bill Allowing Pharmacists to Administer Injectable Medicines Advances in NYS Legislature
A bill that would allow pharmacists to administer some injectable medications for substance use disorders and mental health is advancing in the state Legislature. This measure, A. 3040B/S. 4080B, is in the Assembly Rules Committee and is on the calendar in the Senate. Sponsored by Assemblymember John McDonald and Senator Neil Breslin, the measure would allow pharmacists to inject medications into the deltoid muscle for the treatment of mental health and substance use disorder, upon receipt of a prescription for such medication. The Medical Society of the State of New York appreciates that this bill has been improved from past versions to limit where the injection can occur to the deltoid muscle and ensuring that it only pursuant a prescription by a prescriber. However, MSSNY is concerned that this legislation would set a significant new precedent of pharmacists providing medical treatment.   While improvements to access of mental health and substance use treatment is an urgent matter, patients must still be seen on a regular basis for medication management. Much of the medication management for mental health has to do with titration of medications, reassurance of the importance of continuing medications, and changing medications when they are not being effective or patient noncompliance due to side effects. A pharmacist neither has the training nor the ability to manage mental health medications, including, including physical diagnosis and history taking.


Sepsis Summit to Be Held June 15 in Albany NY
The Home Care Association of NYS will host a Sepsis Summit on June 15, 2022, at the Hilton Hotel in Albany.  The summit, which will run from 9:00AM -3:15 PM, is open to physicians throughout the state.  Sepsis impacts individuals across the entire continuum of care, with 80-90% of sepsis related infections occurring in home and community.  Sepsis deaths are preventable, but the solution requires participation and collaboration across the entire health care system.  Register for the summit at:

State and national officials, as well as industry leaders, will present the most current developments, innovations, and vision addressing sepsis research, interventions, new models, and directions. This year’s summit focuses on sepsis across the health care system, in special needs populations and settings, and strategies for collaborative response. Leading the discussion will be co-founders and leaders of ENDSEPSIS – Rory Staunton Legacy and Sepsis Alliance.   As a partner in this statewide initiative and the summit, the Medical Society of the State of New York encourages physicians to attend this time program.

The Relationship Between Medicine & Government During a Public Health Emergency
The COVID-19 pandemic has illuminated many intricacies in the relationship between government and medicine.  Learn more about EUA’s, the Incident Command System (ICS), and executive orders by registering for The Relationship Between Medicine & Government During a Public Health Emergency on Wednesday June 15, 2022, at 7:30 a.m.  Wajiha Kazmi, Esq., attorney at New York State Department of Health with serve as faculty for this webinar.
Educational objectives are:

  • Examine the role of executive orders during a public health emergency.
  • Discuss emergency use authorizations (EUA’s) and how they expedite resolution of public health emergencies.
  • Analyze the Incident Command System (ICS) and its relevance to planning and preparing for a public health emergency.
  • Illustrate and define the relationship between medicine and government during a public health emergency.

Additional information or assistance with registration may be obtained by contacting Melissa Hoffman at

The Medical Society of the State of New York is accredited by the Accreditation Council for Continuing Medical Education (ACCME) to provide continuing medical education for physicians.

The Medical Society of the State of New York designates this live activity for a maximum of 1.0 AMA PRA Category 1 credits™.  Physicians should claim only the credit commensurate with the extent of their participation in the activity. 

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Classified Ads Available for:

Physicians’ search services • allied medical placements • locum tenens • practice valuation • practice brokerage • practice consulting • real estate

For help, information or to place your ad, call Roseann Raia at 516-488-6100
ext. 302

For the MSSNY 2022 Ad RateSheet, please click here.

MANHATTAN MEDICAL SUITE FOR SALE –Prestigious Coop on 45 East 62nd St. between Madison & Park!!
This approximately 1100 square foot medical suite has a grand reception area that is large enough for 2 or 3 people to work from. There is an additional nook area currently used for paper chart files that could also be utilized to update charts online or for bookkeeping. The waiting room has approximately 10 ft ceilings and a marble fireplace. The mahogany veneered office also has high ceilings. The reception area and 3 exam rooms have a drop ceiling that was installed to accommodate more electricity for the current owner’s use for laser machines. There are 1.5 bathrooms. Medical equipment is also available for sale. The property needs a cosmetic renovation update. To schedule a showing: or Call: Melissa Alonso with Nestseekers International: 646.403.7311
IDEAL LOCATION: 45 East 62nd – Prime Lennox Hill
PRICE: $1,100,000 with 50% Financing Permitted
Monthly Maintenance: $4775

Medical Office for Rent (Poughkeepsie) and Share (Tuckahoe)
Poughkeepsie Office Suite 1100+ sq ft, w/ five office consult-exam rooms, waiting and receptionist area, restroom & private restroom, 1 block away from MidHudson Regional Hospital. Tuckahoe office 2 1500+ sqft suites for share, 3 exam rooms with procedure room, storage room. 1 block away from train station.

Please call or text 646-302-3085 or email

Medical Office Suite for Rent (Downtown, New York City) – Ready to Move In!
On Canal Street, NYC : near Mulberry and Mott Street. Busy area near Subways. In a professional 7day/week concierge building . Office Suite 1002+ sq ft, beautiful & bright w/ five office consult-exam rooms, Spacious waiting and receptionist area, utility room & private restroom. MUST SEE! Please Call for showing at: 917-378-2699 or email: Ask for Sammie.

Rendr – Transforming Healthcare – Leadership Opportunity: Associate Chief Medical Office, SVP of Population Health, Bilingual English and Chinese (Mandarin or Cantonese) preferred Job Position: Associate Chief Medical Office, SVP of Population Health in this role, you will lead and provide a wide range of support through population health, quality measures, practice transformation, Rendr360 department, House Calls, and other projects. Please send resumes We are offering leadership opportunities to Physicians who are interested in providing high-quality clinical care to our patients in the diverse communities that we serve. As a rapidly growing network, we provide a supportive environment for our physicians to practice medicineunder the guidance of dedicated medical leadership.

Board Certified Cardiologist Position
Exceptional private practice cardiology employment opportunity. Manhattan Cardiology is a state-of-the-art cardiology practice located in the heart of Midtown Manhattan. The position is 100% outpatient cardiology with minimal call and excellent compensation structure and benefits. The practice is looking to add an enthusiastic and hardworking cardiologist to join our team.

Board certification is preferred in general cardiology, echocardiography, and ideally RPVI.

Job Type: Full Time with a very competitive salary and excellent benefits awaits the qualified candidate.

Please send resumes to

Board Certified Internal or Family Medicine Physician
Be a part of our care team and join our mission to provide the highest standard of healthcare to each one of our patients. Medical Offices of Manhattan is looking for a full time enthusiastic, hard-working and responsible Board-Certified Internal or Family Medicine Physician.

Responsibilities include caring for, diagnosing and managing patients. Board certification is a must. The position is 100% outpatient with minimal call and an excellent salary with benefits.

Please send resumes to

Physician Assistant/Nurse Practitioner
A growing multispecialty practice in Manhattan, Medical Offices of Manhattan and Manhattan Cardiology is seeking for an enthusiastic, hardworking Board Certified Physician Assistant or Nurse Practitioner.

Responsibilities include caring for, diagnosing, and managing patients in both the primary care and cardiology setting. The Physician Assistant or Nurse Practitioner will collaborate with the team in diagnosing and creating plans for each patient.

The position is 100% outpatient with minimal call and excellent salary with benefits.

Please send resumes to

GI Physician Assistant/Nurse Practitioner
Medical Offices of Manhattan, a multi-specialty medical office is seeking for immediate hiring for an experienced and hardworking GI Physician Assistant.

Responsibilities includes managing Adult Gastroenterology patients with varying disease processes, including but not limited to GERD, IBD, bowel pattern changes, abdominal pain, and diseases related to the liver, pancreas, GI tract, and gallbladder; develops, implements, and manages therapeutic treatment regimens in collaboration with the Gastroenterologists and must possess excellent communication skills, with a focus on a team approach to patient-centered care

The position is 100% outpatient with minimal call and excellent salary with benefits.

Please send resumes to

Psychiatric Nurse Practitioner
Medical Offices of Manhattan, a multi-specialty medical office is seeking our newest team member, a Psychiatric Mental Health Nurse Practitioner to join our fast-growing team of mental health professionals.

Responsibilities includes managing both complex psychiatric and common medical problems, assess and diagnose illness states and initiate psychotropic medication (as needed) and other therapeutic interventions and collaborate with the team in diagnosing and creating plans for each patient.

The position is 100% outpatient with minimal call and excellent salary with benefits.

Please send resumes to

In Network Registered Dietician
A growing multispecialty practice in Manhattan, Medical Offices of Manhattan is seeking an In Network Registered Dietician to join our care team for immediate need.

Responsibilities includes but not limited to conducting nutritional assessment, developing and implementing patient specific care plans and recommending nutrition care plans to patients as well as recommending therapeutic diet modifications and /or supplemental feedings to patients. Must have a degree in Nutrition or Dietetics, should be RD license, Registration by the Commission on Registration (CDR) as a Registered Dietitian (RD) in New York State plus specialized certifications as needed.

The position is 100% outpatient with excellent salary with benefits.

Please send resumes to