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

                                  4069

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 7, 2013
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to the  establishment
  of limited services clinics

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

  Section 1. Section 2801-a of the  public  health  law  is  amended  by
adding a new subdivision 17 to read as follows:
  17.  (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,  OR
WITHIN  SPACE  USED BY AN EMPLOYER FOR PROVIDING HEALTH CARE SERVICES TO
ITS EMPLOYEES, MAY BE OPERATED BY LEGAL ENTITIES FORMED UNDER  THE  LAWS
OF  NEW  YORK  WHOSE  STOCKHOLDERS  OR  MEMBERS,  AS APPLICABLE, ARE NOT
NATURAL PERSONS AND WHOSE PRINCIPAL STOCKHOLDERS AND MEMBERS, AS  APPLI-
CABLE,  AND  CONTROLLING PERSONS COMPLY WITH ALL APPLICABLE REQUIREMENTS
OF THIS SECTION AND DEMONSTRATE,  TO  THE  SATISFACTION  OF  THE  PUBLIC
HEALTH  AND HEALTH PLANNING COUNCIL, SUFFICIENT EXPERIENCE AND EXPERTISE
IN DELIVERING HIGH QUALITY HEALTH CARE  SERVICES.  SUCH  DIAGNOSTIC  AND
TREATMENT  CENTERS  SHALL  BE  REFERRED  TO  IN THIS SECTION AS "LIMITED
SERVICES CLINICS". FOR PURPOSES OF THIS SUBDIVISION, THE  PUBLIC  HEALTH
AND HEALTH PLANNING COUNCIL SHALL ADOPT AND AMEND RULES AND REGULATIONS,
NOTWITHSTANDING  ANY  INCONSISTENT PROVISION OF THIS SECTION, TO ADDRESS
ANY MATTER IT DEEMS PERTINENT TO THE ESTABLISHMENT OF  LIMITED  SERVICES
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  STOCKHOLDERS  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05351-03-3
              

S. 4069                             2

ITS SHAREHOLDERS OR MEMBERS, AS APPLICABLE, INCLUDING  LOCAL  GOVERNANCE
OF THE LIMITED SERVICES 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.
  (B) THE FOLLOWING PROVISIONS OF THIS SECTION SHALL NOT APPLY TO LIMIT-
ED SERVICES CLINICS OPERATED PURSUANT TO THIS SUBDIVISION: (I) PARAGRAPH
(B)  OF  SUBDIVISION THREE OF THIS SECTION, RELATING TO STOCKHOLDERS AND
MEMBERS; (II) PARAGRAPH (C) OF SUBDIVISION FOUR OF THIS SECTION,  RELAT-
ING  TO  THE  DISPOSITION OF STOCK OR VOTING RIGHTS; AND (III) PARAGRAPH
(E) OF SUBDIVISION FOUR OF THIS SECTION, RELATING TO  THE  OWNERSHIP  OF
STOCK OR MEMBERSHIP.
  (C)  A  LIMITED  SERVICES  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 LIMITED SERVICES 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 SETTING FORTH OPERA-
TIONAL  AND PHYSICAL PLANT STANDARDS FOR LIMITED SERVICES CLINICS, WHICH
MAY BE DIFFERENT FROM THE REGULATIONS OTHERWISE APPLICABLE TO DIAGNOSTIC
OR TREATMENT CENTERS, INCLUDING, BUT  NOT  LIMITED  TO:  DESIGNATING  OR
LIMITING  THE  DIAGNOSES  AND SERVICES THAT MAY BE PROVIDED; PROHIBITING
THE PROVISION OF SERVICES TO PATIENTS TWENTY-FOUR MONTHS OF AGE OR YOUN-
GER; AND REQUIREMENTS OR GUIDELINES FOR ADVERTISING AND SIGNAGE, DISCLO-
SURE OF OWNERSHIP INTERESTS, INFORMED CONSENT, RECORD KEEPING,  REFERRAL
FOR  TREATMENT  AND  CONTINUITY OF CARE, CASE REPORTING TO THE PATIENT'S
PRIMARY CARE OR  OTHER  HEALTH  CARE  PROVIDERS,  DESIGN,  CONSTRUCTION,
FIXTURES,  AND  EQUIPMENT. IN MAKING REGULATIONS UNDER THIS SECTION, THE
COMMISSIONER MAY (I) CONSULT WITH A WORKGROUP INCLUDING BUT NOT  LIMITED
TO  REPRESENTATIVES OF PROFESSIONAL SOCIETIES OF APPROPRIATE HEALTH CARE
PROFESSIONALS, INCLUDING THOSE IN PRIMARY CARE AND  OTHER  SPECIALITIES;
AND  (II)  PROMOTE  AND  STRENGTHEN  PRIMARY  CARE;  THE  INTEGRATION OF
SERVICES PROVIDED BY LIMITED SERVICES 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 2. This act shall take effect immediately.