senate Bill S3673B

Relates to the establishment of convenient care clinics

download pdf

Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 01 / Mar / 2011
    • REFERRED TO HEALTH
  • 07 / Jun / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 10 / Jun / 2011
    • AMEND AND RECOMMIT TO FINANCE
  • 10 / Jun / 2011
    • PRINT NUMBER 3673A
  • 04 / Jan / 2012
    • REFERRED TO HEALTH
  • 24 / May / 2012
    • AMEND AND RECOMMIT TO HEALTH
  • 24 / May / 2012
    • PRINT NUMBER 3673B
  • 05 / Jun / 2012
    • REPORTED AND COMMITTED TO FINANCE

Summary

Relates to the establishment of convenient care clinics; authorizes the public health and health planning council to adopt/amend rules and regulations relating thereto.

do you support this bill?

Bill Details

Versions:
S3673
S3673A
S3673B
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
Public Health Law
Laws Affected:
Amd ยง2801-a, Pub Health L

Votes

8
2
8
Aye
2
Nay
5
aye with reservations
0
absent
2
excused
0
abstained
show Health committee vote details

Sponsor Memo

BILL NUMBER:S3673B

TITLE OF BILL:
An act to amend the public health law, in relation to the establishment
of convenient care clinics

PURPOSE:
To create standards for the establishment and operation of convenient
care clinics.

SUMMARY OF PROVISIONS:
Section one of the bill amends section 2801-a of the public health law
to include a $1000 application fee for convenient care clinics. Section
two amends section 2801-a of the public health law by adding a new
subdivision 17 authorizing legal entities formed under the laws of New
York to operate convenient care clinics provided that they comply with
all applicable requirements and demonstrate to the satisfaction of the
public health council sufficient experience and expertise in delivering
high quality health care services. The public health council is directed
to amend rules and regulations to address any matter pertinent to the
establishment and operation of convenient care clinics. This section
also clarifies that several provisions of 2801-a relating to corpo-
rations do not apply to convenient care clinics. This section further
provides that a convenient care clinic shall be deemed to be a "health
care provider" for the purposes of title 2-D of article two of the
public health law (health care provider referrals). A prescriber prac-
ticing in a convenient care clinic shall not be deemed to be in the
employ of a pharmacy or practicing in a hospital for purposes of section
6807 (2) of the education law. In addition, this section directs the
Commissioner to promulgate regulations for convenient care clinics,
which may be different from the regulations applicable to diagnostic or
treatment centers. In making the regulations, the Commissioner must
consult with a workgroup which includes representatives of professional
societies of health care professionals and promote and strengthen prima-
ry care and integration of services. Section two provides the effective
date.

Section three provides an effective date.

JUSTIFICATION:
Convenient care clinics already exist in several locations throughout
New York State. However, there is currently no statutory or regulatory
scheme in place that specifically addresses these entities. This bill
will ensure that all convenient care clinics are created and operated
according to set standards. By establishing these regulations, the state
will be better able to monitor convenient care clinics to make certain
that they are providing safe, high quality health care services.

LEGISLATIVE HISTORY:
Same as S.8275 2010 Referred to Rules.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3673--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 1, 2011
                               ___________

Introduced  by  Sens.  HANNON,  LARKIN, OPPENHEIMER, RANZENHOFER -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on  Health  --  reported  favorably from said committee and
  committed to the Committee on Finance --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- recommitted to the  Committee  on  Health  in  accordance  with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the public health law, in relation to the  establishment
  of convenient care clinics

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 16 of section  2801-a  of  the
public  health  law, as amended by section 57 of part A of chapter 58 of
the laws of 2010, is amended to read as follows:
  (a) The commissioner shall charge to applicants for the  establishment
of hospitals the following application fee:
    (i) For general hospitals:                              $3,000
    (ii) For nursing homes:                                 $3,000
    (iii) For safety net diagnostic and treatment centers
          as defined in paragraph (c) of this subdivision:  $1,000
    (iv) For all other diagnostic and treatment centers:    $2,000
    (V) FOR CONVENIENT CARE CLINICS                         $1,000
  S  2.  Section  2801-a of the public health law is amended by adding a
new subdivision 17 to read as follows:
  17. CONVENIENT CARE CLINICS.   (A)  DIAGNOSTIC  OR  TREATMENT  CENTERS
ESTABLISHED TO PROVIDE HEALTH CARE SERVICES WITHIN THE SPACE OF A RETAIL
BUSINESS  OPERATION,  SUCH  AS  A  PHARMACY, A STORE OPEN TO THE GENERAL
PUBLIC OR A SHOPPING MALL, MAY BE  OPERATED  BY  LEGAL  ENTITIES  FORMED
UNDER  THE LAWS OF THIS STATE WHOSE STOCKHOLDERS OR MEMBERS, AS APPLICA-
BLE, ARE NOT  NATURAL  PERSONS  AND  WHOSE  PRINCIPAL  STOCKHOLDERS  AND
MEMBERS, AS APPLICABLE, AND CONTROLLING PERSONS COMPLY WITH ALL APPLICA-
BLE REQUIREMENTS OF THIS SECTION AND DEMONSTRATE, TO THE SATISFACTION OF
THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, SUFFICIENT EXPERIENCE AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00922-09-2

S. 3673--B                          2

EXPERTISE  OR  ABILITY  IN  THE  DELIVERY  OF  HIGH  QUALITY HEALTH CARE
SERVICES. SUCH DIAGNOSTIC AND TREATMENT CENTERS SHALL BE REFERRED TO  IN
THIS SECTION AS "CONVENIENT CARE CLINICS". FOR PURPOSES OF THIS SUBDIVI-
SION,  THE  PUBLIC  HEALTH  AND  HEALTH PLANNING COUNCIL SHALL ADOPT AND
AMEND RULES AND REGULATIONS, IN ACCORDANCE WITH ANY  PROVISION  OF  THIS
SECTION,  TO  ADDRESS ANY MATTER IT DEEMS PERTINENT TO THE ESTABLISHMENT
AND OPERATION OF CONVENIENT CARE CLINICS; PROVIDED THAT SUCH  RULES  AND
REGULATIONS  SHALL  INCLUDE, BUT NOT BE LIMITED TO, PROVISIONS GOVERNING
OR RELATING TO: (I) ANY DIRECT  OR  INDIRECT  CHANGES  OR  TRANSFERS  OF
OWNERSHIP  INTERESTS  OR  VOTING RIGHTS IN SUCH ENTITIES OR THEIR STOCK-
HOLDERS OR MEMBERS, AS APPLICABLE, AND PROVIDE  FOR  PUBLIC  HEALTH  AND
HEALTH PLANNING COUNCIL APPROVAL OF ANY CHANGE IN CONTROLLING INTERESTS,
PRINCIPAL STOCKHOLDERS, CONTROLLING PERSONS, PARENT COMPANY OR SPONSORS;
(II)  OVERSIGHT  OF  THE  OPERATOR  AND  ITS SHAREHOLDERS OR MEMBERS, AS
APPLICABLE, INCLUDING LOCAL GOVERNANCE OF THE CONVENIENT  CARE  CLINICS;
AND  (III)  RELATING  TO THE CHARACTER AND COMPETENCE AND QUALIFICATIONS
OF, AND CHANGES RELATING TO, THE DIRECTORS AND OFFICERS OF THE  OPERATOR
AND  ITS  PRINCIPAL STOCKHOLDERS, CONTROLLING PERSONS, PARENT COMPANY OR
SPONSORS.  TO THE EXTENT THAT THE PROPOSED ESTABLISHMENT OF A CONVENIENT
CARE CLINIC MUST UNDERGO A CERTIFICATE OF  NEED  REVIEW,  SUCH  PROPOSAL
SHALL BE SUBJECT TO ADMINISTRATIVE REVIEW BY THE DEPARTMENT.
  (B)  THE  FOLLOWING  PROVISIONS  OF  THIS  SECTION  SHALL NOT APPLY TO
CONVENIENT CARE CLINICS OPERATED PURSUANT TO THIS SUBDIVISION: (I) PARA-
GRAPH (A) OF SUBDIVISION THREE OF THIS SECTION, RELATING TO PUBLIC NEED;
(II) PARAGRAPH (B) OF SUBDIVISION THREE OF  THIS  SECTION,  RELATING  TO
STOCKHOLDERS  AND  MEMBERS;  (III)  PARAGRAPH (C) OF SUBDIVISION FOUR OF
THIS SECTION, RELATING TO THE DISPOSITION OF STOCK OR VOTING RIGHTS; AND
(IV) PARAGRAPH (E) OF SUBDIVISION FOUR OF THIS SECTION, RELATING TO  THE
OWNERSHIP OF STOCK OR MEMBERSHIP.
  (C)  A  CONVENIENT  CARE  CLINIC  SHALL BE DEEMED TO BE A "HEALTH CARE
PROVIDER" FOR THE PURPOSES OF TITLE TWO-D OF ARTICLE TWO OF  THIS  CHAP-
TER.  A  PRESCRIBER  PRACTICING IN A CONVENIENT CARE CLINIC SHALL NOT BE
DEEMED TO BE IN THE EMPLOY OF A PHARMACY OR PRACTICING IN A HOSPITAL FOR
PURPOSES OF SUBDIVISION TWO OF SECTION SIXTY-EIGHT HUNDRED SEVEN OF  THE
EDUCATION LAW.
  (D)  THE COMMISSIONER SHALL PROMULGATE REGULATIONS FOR CONVENIENT CARE
CLINICS, WHICH MAY BE DIFFERENT FROM THE REGULATIONS OTHERWISE  APPLICA-
BLE  TO  DIAGNOSTIC OR TREATMENT CENTERS, INCLUDING, BUT NOT LIMITED TO:
DESIGNATING OR LIMITING THE DIAGNOSES AND SERVICES THAT MAY BE PROVIDED;
AND REQUIREMENTS OR GUIDELINES FOR ADVERTISING AND  SIGNAGE,  DISCLOSURE
OF  OWNERSHIP  INTERESTS, INFORMED CONSENT, RECORD KEEPING, A REASONABLE
MEANS TO ACCOMPLISH NECESSARY REFERRALS FOR TREATMENT, CASE REPORTING TO
THE PATIENT'S PRIMARY CARE  OR  OTHER  HEALTH  CARE  PROVIDERS,  DESIGN,
CONSTRUCTION, FIXTURES, AND EQUIPMENT STANDARDS THAT ARE CONSISTENT WITH
A  PRIMARY  CARE PRACTICE. IN MAKING REGULATIONS UNDER THIS SECTION, THE
COMMISSIONER SHALL (I) CONSULT WITH A WORKGROUP INCLUDING BUT NOT LIMIT-
ED TO REPRESENTATIVES OF PROFESSIONAL SOCIETIES  OF  APPROPRIATE  HEALTH
CARE  PROFESSIONALS, INCLUDING THOSE IN PRIMARY CARE AND OTHER SPECIALI-
TIES  AND  CONVENIENT  CARE  CLINIC  OPERATORS;  AND  (II)  PROMOTE  AND
STRENGTHEN PRIMARY CARE; THE INTEGRATION OF SERVICES PROVIDED BY CONVEN-
IENT  CARE  CLINICS  WITH  THE  SERVICES PROVIDED BY THE PATIENT'S OTHER
HEALTH CARE PROVIDERS; AND  THE  REFERRAL  OF  PATIENTS  TO  APPROPRIATE
HEALTH  CARE  PROVIDERS,  INCLUDING  APPROPRIATE TRANSMISSION OF PATIENT
HEALTH RECORDS.
  S 3. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.