Assembly Bill A11021

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

                                  11021

                          I N  A S S E M B L Y

                              May 10, 2010
                               ___________

Introduced  by M. of A. PAULIN, SPANO, REILLY, KOON, BENEDETTO -- Multi-
  Sponsored by -- M. of A. BOYLAND, HIKIND, HOOPER,  SKARTADOS  --  read
  once and referred to the Committee on Health

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.  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, INCLUDING
BUT  NOT  LIMITED TO 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
APPLICABLE,  AND CONTROLLING PERSONS COMPLY WITH ALL APPLICABLE REQUIRE-
MENTS OF THIS SECTION AND DEMONSTRATE, TO THE SATISFACTION OF THE PUBLIC
HEALTH 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 "CONVENIENT CARE  CLINICS".  FOR
PURPOSES  OF THIS SUBDIVISION, THE PUBLIC HEALTH COUNCIL SHALL ADOPT AND
AMEND RULES AND REGULATIONS, NOTWITHSTANDING ANY INCONSISTENT  PROVISION
OF  THIS SECTION, TO ADDRESS ANY MATTER IT DEEMS PERTINENT TO THE ESTAB-
LISHMENT 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  TRANS-
FERS  OF  OWNERSHIP INTERESTS OR VOTING RIGHTS IN SUCH ENTITIES OR THEIR
STOCKHOLDERS OR MEMBERS, AS APPLICABLE, AND PROVIDE  FOR  PUBLIC  HEALTH
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 APPLICA-
BLE, INCLUDING LOCAL GOVERNANCE OF  THE  CONVENIENT  CARE  CLINICS;  AND
(III)  RELATING  TO  THE CHARACTER AND COMPETENCE AND QUALIFICATIONS OF,

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

                                                           LBD17165-01-0

A. 11021                            2

AND CHANGES RELATING TO, THE DIRECTORS AND OFFICERS OF THE OPERATOR  AND
ITS PRINCIPAL STOCKHOLDERS, CONTROLLING PERSONS, PARENT COMPANY OR SPON-
SORS.
  (B)  THE  FOLLOWING  PROVISIONS  OF  THIS  SECTION  SHALL NOT APPLY TO
CONVENIENT CARE CLINICS OPERATED PURSUANT TO THIS SUBDIVISION: (I) PARA-
GRAPH (B) OF SUBDIVISION THREE OF THIS SECTION, RELATING TO STOCKHOLDERS
AND MEMBERS; (II) PARAGRAPH (C) OF SUBDIVISION  FOUR  OF  THIS  SECTION,
RELATING  TO  THE DISPOSITION OF STOCK OR VOTING RIGHTS; AND (III) PARA-
GRAPH (E) OF SUBDIVISION FOUR OF THIS SECTION, RELATING TO THE OWNERSHIP
OF STOCK OR MEMBERSHIP.
  (C) THE COMMISSIONER MAY PROMULGATE REGULATIONS  FOR  CONVENIENT  CARE
CLINICS  THAT ARE DIFFERENT FROM THE REGULATIONS OTHERWISE APPLICABLE TO
DIAGNOSTIC OR TREATMENT CENTERS RELATING TO SUBJECTS INCLUDING, BUT  NOT
LIMITED  TO:  DESIGN, CONSTRUCTION, FIXTURES, EQUIPMENT, AND SERVICES TO
BE PROVIDED.
  S 2. This act shall take effect immediately.