S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7835
 
                             I N  S E N A T E
 
                             January 12, 2022
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public health law, in relation to the  operation  of
   midwifery  birth  centers;  and to amend a chapter of the laws of 2021
   amending the public health law relating  to  accreditation,  approval,
   and  operation  of  midwifery birth centers as proposed in legislative
   bills numbers S. 1414-A and A.259-A, in relation to the  effectiveness
   thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (b) of subdivision 11  of  section  2803  of  the
 public  health law, as amended by a chapter of the laws of 2021 amending
 the public health law relating to accreditation, approval, and operation
 of midwifery birth centers as proposed in legislative bills  numbers  S.
 1414-A and A. 259-A, is amended to read as follows:
   (b)  (i) As used in this subdivision, "accrediting organization" means
 a national  accrediting  organization  that  provides  accreditation  to
 midwifery  birth centers, recognized by the commissioner in consultation
 with representatives of midwives, midwifery birth centers,  and  general
 hospitals  providing  obstetric  services.  The  commissioner  shall not
 unreasonably withhold recognition  of  an  organization  seeking  to  be
 recognized under this paragraph.
   (ii)  Where  a proposed midwifery birth center demonstrates the intent
 and capability to obtain and maintain accreditation  by  an  accrediting
 organization,  AND  FULLY  COMPLETES  AND  FILES AN APPLICATION WITH THE
 PUBLIC HEALTH AND HEALTH PLANNING  COUNCIL  ON  FORMS  PROVIDED  BY  THE
 DEPARTMENT,  it  shall  be deemed UPON APPROVAL OF THE PUBLIC HEALTH AND
 HEALTH PLANNING COUNCIL to meet the requirements of this article  for  a
 midwifery  birth  center for approval of a certificate of incorporation,
 articles of organization and establishment, contingent on obtaining  and
 maintaining  that  accreditation. NOTWITHSTANDING ANY OTHER PROVISION OF
 THIS ARTICLE TO THE CONTRARY, SUCH APPLICATION TO THE PUBLIC HEALTH  AND
 HEALTH  PLANNING  COUNCIL  SHALL INCLUDE INFORMATION TO: (A) SATISFY THE
 CHARACTER AND COMPETENCE CRITERIA FOUND IN SUBDIVISION THREE OF  SECTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00581-04-2
 S. 7835                             2
 
 TWENTY-EIGHT  HUNDRED  ONE-A  OF  THIS ARTICLE; (B) DEMONSTRATE THAT THE
 LEGAL STRUCTURE OF THE PROPOSED OPERATOR OF THE MIDWIFERY  BIRTH  CENTER
 COMPLIES  WITH  THE  REQUIREMENTS  FOR  ESTABLISHMENT OF HOSPITALS UNDER
 SECTION  TWENTY-EIGHT  HUNDRED  ONE-A  OF THIS ARTICLE; (C) EVIDENCE THE
 CAPABILITY TO FUND ANY ACQUISITION, RENOVATIONS, AND CONSTRUCTION COSTS;
 AND (D) DEMONSTRATE THAT THE PREMISES AND EQUIPMENT COMPLY WITH REQUIRED
 LIFE SAFETY AND BUILDING STANDARDS NECESSARY TO PROTECT THE LIFE, SAFETY
 AND WELFARE OF PATIENTS AND STAFF. UPON RECEIPT OF A COMPLETED  APPLICA-
 TION,  THE  DEPARTMENT SHALL SCHEDULE SUCH APPLICATION FOR CONSIDERATION
 AT THE NEXT AVAILABLE AND APPROPRIATE COMMITTEE MEETING  BY  THE  PUBLIC
 HEALTH AND HEALTH PLANNING COUNCIL. IF THE DEPARTMENT RECEIVES AN INCOM-
 PLETE  APPLICATION,  THE DEPARTMENT SHALL COMMUNICATE WITH THE APPLICANT
 UNTIL SUCH TIME AS THE APPLICATION  IS  COMPLETED  AND  FILED  WITH  THE
 PUBLIC  HEALTH  AND  HEALTH  PLANNING COUNCIL FOR ITS APPROVAL OR DISAP-
 PROVAL, OR THE APPLICANT WITHDRAWS THE APPLICATION.
   (iii) Regulations and requirements of the commissioner UNDER PARAGRAPH
 (A) OF THIS SUBDIVISION for approval of a certificate of  incorporation,
 articles  of  organization,  establishment, and operation of a midwifery
 birth center established or seeking to be established under  this  arti-
 cle, including a determination of public need and compliance with opera-
 tional and physical plant standards, shall not be inconsistent with: (A)
 article  one hundred forty of the education law [and]; (B) the standards
 of the accrediting organization from which the  midwifery  birth  center
 proposes  to  seek, seeks or has obtained accreditation; (C) LIFE SAFETY
 CODE OR OTHER BUILDING STANDARDS THE  COMMISSIONER  DEEMS  NECESSARY  TO
 PROTECT  THE  LIFE,  SAFETY  AND  WELFARE OF PATIENTS AND STAFF; AND (D)
 SUBPARAGRAPH (II) OF THIS  PARAGRAPH.    REGULATIONS,  REQUIREMENTS  AND
 GUIDANCE UNDER THIS SUBPARAGRAPH SHALL BE MADE BY THE COMMISSIONER AFTER
 CONSULTATION  WITH REPRESENTATIVES OF MIDWIVES, MIDWIFERY BIRTH CENTERS,
 AND GENERAL HOSPITALS PROVIDING OBSTETRIC SERVICES. TO THE EXTENT ANY OF
 THE STANDARDS IN THIS  SUBPARAGRAPH  CONFLICT,  THE  COMMISSIONER  SHALL
 ACCOMMODATE  OR  MODIFY THE APPLICATION OF ANY STANDARD TO HARMONIZE AND
 MAXIMIZE THE INTENT OF THE STANDARDS.
   § 2. Section 2 of a chapter of the laws of 2021  amending  the  public
 health law relating to accreditation, approval, and operation of midwif-
 ery birth centers as proposed in legislative bills numbers S. 1414-A and
 A. 259-A, is amended to read as follows:
   §  2.  This  act  shall  take  effect [immediately] ON THE ONE HUNDRED
 EIGHTIETH DAY AFTER IT SHALL HAVE BECOME A LAW.  EFFECTIVE  IMMEDIATELY,
 THE  COMMISSIONER  OF  HEALTH  AND THE PUBLIC HEALTH AND HEALTH PLANNING
 COUNCIL SHALL MAKE REGULATIONS AND TAKE OTHER ACTIONS REASONABLY  NECES-
 SARY TO IMPLEMENT THIS ACT ON THAT DATE.
   §  3.  This act shall take effect immediately; provided, however, that
 section one of this act shall take effect on the same date  and  in  the
 same manner as a chapter of the laws of 2021, relating to accreditation,
 approval,  and  operation  of  midwifery  birth  centers, as proposed in
 legislative bills numbers S. 1414-A and A. 259-A, takes effect.