Terms Used In N.Y. Public Health Law 4400

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts

Encouraging the expansion of health care services options available to the citizens of the state is a matter of vital state concern. Without such an expansion, increased health insurance and other benefits will continue to escalate the costs of medical care and overload the health care delivery system. The health maintenance organization concept, through which members of an enrolled population are each entitled to receive comprehensive health services for an advance or periodic charge, represents a promising new alternative for the delivery of a full range of health care services at a reasonable cost.

Accordingly, it shall be the policy of this state to expand the health care services options available, and to assure greater choice in the selection of a health care plan, by removal of legal and other impediments to the development of competitive health maintenance organizations acceptable to the public.

It is the intent of the legislature that the commissioner therefore establish a comprehensive system of authorization and regulation of health maintenance organizations in the state, as provided in this article, in order to assure that health services of good quality be provided to all citizens who choose to take advantage of that alternative to meet their health care needs. The commissioner shall cooperate with the superintendent of financial services and with other state officials and agencies which establish standards and requirements pertaining to the provision and financing of health care services in order to assure necessary, equitable and consistent state supervision of all health care systems without duplication of inspection or services.