A Closer Look at the 2020 Physician Oversight Rules by Gov. Cuomo

To improve patient safety and ensure accountability among medical professionals, New York Governor Andrew Cuomo introduced a detailed plan to reform the oversight of doctors and other healthcare providers. This overview details the key steps taken in this initiative, focusing on efforts to increase transparency and discipline in the healthcare sector. 

The Proposal Announcement

Governor Cuomo introduced a proposal within his State of the State agenda to enhance the oversight of physicians and medical professionals. This initiative seeks to equip the Department of Health’s Office of Professional Medical Conduct (OPMC) with effective tools to investigate, discipline, and monitor licensed practitioners in New York.

4 Key Components of the Physician Oversight Proposal

The proposal outlines essential steps to enhance the integrity and accountability of medical practice in New York. The following section examines the current law and the proposed changes.

1. Enhancing Transparency in Physician Discipline

This initiative seeks to promote greater openness and trust by making essential information about physician conduct available to the public.

• Current Law: The Department of Health is unable to disclose whether an investigation is underway.
• Proposed Change: Permit healthcare consumers to access investigation details when authorized by the health commissioner. Minor violations, which are currently confidential, will be made publicly accessible.

2. Eliminating Lifetime Licensure

This change aims to ensure that medical professionals continually adhere to current standards by mandating regular license renewals throughout their careers.

• Current Law: Physicians and assistants hold lifetime licenses unless disciplinary action is taken.
• Proposed Change: Implement periodic renewal of medical licenses to continue practicing in New York, enabling OPMC to concentrate on investigating active practitioners.

3. Reforming Public Health Law Provisions

This reform aims to update and improve legal frameworks to better support public health goals and increase the effectiveness of regulatory oversight.

• Current Law: A physician’s license may only be suspended if they present an immediate threat.
• Proposed Change: Permit the health commissioner to suspend a license at the beginning of an investigation if the physician is considered a risk to the public.

4. Ensuring Accessible Information for Consumers

This initiative aims to empower consumers by ensuring they have easy access to essential information about healthcare providers.

• Current Law: The Physician Profile offers only limited details about physicians.
• Proposed Change: Introduce legislation to guarantee public access to important information, including insurance participation, practice location, and office hours.

Concerns and Reactions on the New Physician Oversight Rules

The proposed reforms have ignited debate within the medical community as stakeholders assess the benefits and risks. While the initiative seeks to improve accountability and transparency, it also raises concerns about balancing regulatory oversight with protecting physicians’ rights.

Doctors’ Concerns Over Due Process

The Medical Society of the State of New York has raised concerns regarding the proposal’s effect on due process rights for physicians. They contend that the changes could result in unjust outcomes for medical professionals facing baseless allegations, potentially harming careers without thorough investigation.

Industry Response

Art Fougner, MD, President of the Medical Society of the State of New York, emphasized the potential adverse impact on New York’s reputation as a favorable state for physicians, citing increased liability costs and regulations.

Executive Order No. 202.10: Enhancing Healthcare Flexibility

Executive Order No. 202 10 issued by Governor Cuomo addresses urgent healthcare needs by easing supervision and licensure rules. This initiative allows healthcare professionals to work more independently, strengthening the workforce by temporarily relaxing specific regulations.

Expanded Autonomy for Healthcare Professionals

• Certified Registered Nurse Anesthetists (CRNAs): CRNAs can now practice on their own, without needing supervision from a physician, improving their ability to provide essential care effectively.
• Physician Assistants (PAs): PAs are permitted to deliver medical services independently, without direct oversight. This applies to PAs licensed in any U.S. state who are in good standing, enabling them to work in New York.
• Special Assistants: These professionals can now offer medical services without supervisory restrictions.

Empowering Nurse Practitioners and Students

• Nurse Practitioners (NPs): NPs can now provide medical services without needing a written practice agreement or collaboration with a physician. This applies to NPs licensed in any U.S. state who are in good standing.
• Medical School Students: Students are encouraged to volunteer for educational credit, gaining valuable hands-on experience similar to a clinical placement.

Inclusion of Various Medical Professionals

• Foreign Medical School Graduates: Graduates with at least one year of experience can now provide patient care in hospitals without needing a license, expanding the pool of healthcare providers.
• Radiologic Technologists (RTs): RTs who are licensed and in good standing, whether in New York or any other U.S. state, can practice even if not currently registered in New York.
• Respiratory Therapists: Licensed respiratory therapists from any U.S. state who are in good standing are now allowed to practice in New York, meeting essential respiratory care demands.

Changes to Physician and Resident Work Hours

• Work Hour Limitations: The limits on working hours for physicians and residents have been removed, allowing them to address the heightened demand for medical services during this crucial time.

Progress of the Executive Order

On June 25, 2020, Governor Cuomo issued Executive Order No. 205, directing the Commissioner of Health to enforce quarantine rules for travelers entering New York. This action, along with other measures, effectively flattened the COVID-19 curve, reducing daily cases from nearly 11,000 to under 300, demonstrating a robust public health response.

Despite progress, the Secretary of Health and Human Services’ Declarations under the PREP Act remain active. These declarations continue to authorize essential professionals and activities for the COVID-19 response, including expanding eligibility for administering vaccines and conducting testing. Consequently, Executive Orders 202 through 202.111 and 205 through 205.3 are no longer necessary.

Continuation of the Physician Order

Governor Kathy Hochul advanced changes to physician assistant practice standards, which became law in November 2024 with Assembly Bill A8378A. This legislation adjusted physician assistant standards in New York, addressing ongoing debates about healthcare professionals’ scope of practice.

Despite MSSNY’s opposition to scope of practice expansions, the legislature reintroduced proposals to amend physician assistant practice requirements. These proposals, part of a national trend in about twenty states, sought to alter or eliminate physician supervision or collaboration, leading to the new law’s enactment.

Protect Your Practice with Medical Malpractice Insurance

Governor Cuomo’s proposal underscores the changing landscape of medical oversight in New York, highlighting the need to protect your practice. Secure your peace of mind and safeguard your professional rights with comprehensive malpractice insurance.

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Cited sources: Continuation