S T A T E   O F   N E W   Y O R K
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                                  6702

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 16, 2013
                               ___________

Introduced  by M. of A. QUART -- read once and referred to the Committee
  on Health

AN ACT to amend the public health law, in relation  to  registration  of
  office-based surgery facilities and payments for the use thereof

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

  Section 1. Subdivision 1 of section 230-d of the public health law  is
amended by adding two new paragraphs (j) and (k) to read as follows:
  (J)  "LICENSEE  PRACTICE" SHALL MEAN AN OFFICE-BASED SURGERY FACILITY,
WHICH HAS ACCREDITED STATUS. SUCH  A  FACILITY  MAY  OPERATE  UNDER  THE
LICENSE OF THE LICENSEE.
  (K)  "HEALTH  PLAN"  SHALL  MEAN  AN  INSURER LICENSED PURSUANT TO THE
INSURANCE LAW TO WRITE ACCIDENT AND HEALTH INSURANCE,  OR  A  NON-PROFIT
MEDICAL AND DENTAL INDEMNITY, OR HEALTH AND HOSPITAL SERVICE CORPORATION
LICENSED  PURSUANT  TO  ARTICLE  FORTY-THREE  OF THE INSURANCE LAW, OR A
HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR
OF THIS CHAPTER.
  S 2. Section 230-d of the public health law is amended by  adding  two
new subdivisions 3-a and 6 to read as follows:
  3-A.   (A) EVERY FACILITY OPERATED AS AN OFFICE-BASED SURGERY PRACTICE
OR SETTING SHALL, NOT LATER THAN JANUARY FIRST, TWO  THOUSAND  FOURTEEN,
IN  ADDITION TO OBTAINING AND MAINTAINING FULL ACCREDITED STATUS, HOLD A
CERTIFICATE OF REGISTRATION ISSUED BY THE ACCREDITING AGENCY, IN CONSUL-
TATION WITH THE DEPARTMENT. THE ACCREDITING AGENCY SHALL ISSUE A CERTIF-
ICATE TO AN APPLICANT LICENSEE PRACTICE WHICH:
  (I) FILES AN APPLICATION FOR REGISTRATION IN SUCH FORM AND HAVING SUCH
CONTENT AS SHALL BE DETERMINED BY THE ACCREDITING AGENCY,  IN  CONSULTA-
TION WITH THE DEPARTMENT;
  (II)  HAS SUCCESSFULLY COMPLETED AN ON-SITE INSPECTION OF THE FACILITY
CONDUCTED BY A NATIONALLY-RECOGNIZED ACCREDITING AGENCY AS DESIGNATED BY
THE COMMISSIONER;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02577-01-3
              

A. 6702                             2

  (III) SUBMITS PROOF OF ITS FULL ACCREDITED STATUS; AND
  (IV)  THE INITIAL CERTIFICATION OF WHICH HAS AN INITIATION DATE OF THE
FIRST DATE OF ACCREDITATION  AS  LONG  AS  THE  FACILITY  REMAINS  FULLY
ACCREDITED PURSUANT TO THIS SECTION.
  (B)  NO  FACILITY  OPERATED  AS  AN  OFFICE-BASED  SURGERY PRACTICE OR
SETTING SHALL HOLD ITSELF OUT AS OR REPRESENT  THAT  IT  IS  REGISTERED,
UNLESS  IT  HOLDS A VALID CERTIFICATE OF REGISTRATION ISSUED PURSUANT TO
THIS SUBDIVISION.
  (C) THE CERTIFICATE OF REGISTRATION ISSUED TO A FACILITY  PURSUANT  TO
THIS SUBDIVISION SHALL BE CONSPICUOUSLY POSTED AT THE PRINCIPAL ADMINIS-
TRATIVE OFFICE OF SUCH FACILITY.
  (D)  IN  THE  EVENT  THE  ACCREDITING AGENCY FINDS THAT AN APPLICATION
SUBMITTED PURSUANT TO PARAGRAPH (A)  OF  THIS  SUBDIVISION  CONTAINS  OR
EVINCES ANY DEFICIENCY IN THE APPLICANT'S ACCREDITED STATUS, THE ACCRED-
ITING  AGENCY  MAY  ISSUE  A PROVISIONAL CERTIFICATE OF REGISTRATION FOR
SUCH PERIOD OF TIME AS MAY BE NECESSARY TO CURE SUCH DEFICIENCY. NO SUCH
PROVISIONAL CERTIFICATE SHALL BE ISSUED UNTIL THE  APPLICANT  AGREES  IN
WRITING TO FULLY COMPLY WITH THE PROVISION OF THIS SECTION.
  (E)  EACH  CERTIFICATE  OF REGISTRATION SHALL BE VALID FOR A PERIOD OF
THREE YEARS, OR UNTIL THE ACCREDITED STATUS  OF  THE  FACILITY  EXPIRES,
WHICHEVER SHALL OCCUR FIRST.
  6.  EVERY  FACILITY  OPERATED  AS  AN OFFICE-BASED SURGERY PRACTICE OR
SETTING WITH FULL ACCREDITED STATUS, INCLUDING A CURRENT CERTIFICATE  OF
REGISTRATION,  SHALL  BE ELIGIBLE TO SEEK PAYMENT FROM A HEALTH PLAN FOR
THE USE OF SUCH FACILITY. SUCH PAYMENT SHALL BE IN ADDITION TO  THE  FEE
CHARGED  BY THE LICENSEE FOR THE PERFORMANCE OF THE COVERED OFFICE-BASED
SURGERY INVOLVING AN INSURED OR A HEALTH PLAN  ENROLLEE;  PROVIDED  THAT
THE  HEALTH  PLAN  ALSO  REIMBURSES FOR THE USE OF A FACILITY CHARGED IN
CONNECTION WITH THE SAME COVERED PROCEDURE PERFORMED AT  A  HOSPITAL  OR
AMBULATORY  SURGERY CENTER ORGANIZED PURSUANT TO ARTICLE TWENTY-EIGHT OF
THIS CHAPTER. WHEN CALCULATING  THE  APPROPRIATE  RATE  OF  OFFICE-BASED
SURGERY  FACILITY  FEES,  A HEALTH PLAN MAY ALSO TAKE INTO CONSIDERATION
CERTAIN COMPARABLE AND NON-COMPARABLE COSTS AND OBLIGATIONS OF AMBULATO-
RY SURGERY CENTERS AND HOSPITALS.
  S 3. This act shall take effect immediately; provided,  however,  that
subdivision  6  of  section  230-d of the public health law, as added by
section two of this act, shall be deemed to have been in full force  and
effect on and after January 18, 2009, and shall only apply to facilities
during the period of time which they remain fully accredited pursuant to
section 230-d of the public health law.