S T A T E O F N E W Y O R K
________________________________________________________________________
6169
2009-2010 Regular Sessions
I N A S S E M B L Y
February 26, 2009
___________
Introduced by M. of A. HOOPER -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to health care prac-
titioner volunteer pilot programs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Title V of article 2 of the public health law, as added by
chapter 337 of the laws of 2002, section 260 as amended by chapter 84 of
the laws of 2006, is amended to read as follows:
TITLE V
HEALTH CARE PRACTITIONER VOLUNTEER
PILOT [PROGRAM] PROGRAMS
Section 260. Health care practitioner volunteer [program] PROGRAMS.
S 260. Health care practitioner volunteer [program] PROGRAMS. 1. There
[is] ARE hereby established in the department [a] health care practi-
tioner volunteer [program] PROGRAMS to implement a system by which
eligible health care practitioner volunteers and other volunteers may
provide free basic primary health care services to uninsured low income
individuals.
2. The commissioner is authorized and directed to promulgate such
rules and regulations as are necessary to implement the provisions of
this title. Such rules and regulations shall enable the health care
practitioner volunteer [program] PROGRAMS approved [hereunder] PURSUANT
TO THIS TITLE to:
(a) provide free basic primary health care services primarily to unin-
sured low income individuals;
(b) integrate the delivery of such services with the delivery of
health care and other supportive services to the target population by
other providers in the community; and
(c) meet standards of care which are appropriate to the level and
nature of health care services to be provided.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04089-01-9
A. 6169 2
3. A health care practitioner is eligible to participate as a health
care practitioner volunteer under this title if he or she:
(a) is licensed, or exempt from licensure, pursuant to articles one
hundred thirty-one, one hundred thirty-one-B, one hundred thirty-two,
one hundred thirty-three, one hundred thirty-six, one hundred thirty-
seven, one hundred thirty-nine, one hundred forty, one hundred forty-
one, one hundred forty-three, one hundred forty-four, one hundred
fifty-three, one hundred fifty-four, one hundred fifty-five, one hundred
fifty-six, one hundred fifty-seven, one hundred fifty-nine, one hundred
sixty, one hundred sixty-two, or one hundred sixty-four of the education
law;
(b) has agreed to practice in a health care practitioner volunteer
program without compensation or the expectation of compensation. For the
purposes of this paragraph, the following shall not be considered
compensation: (i) nominal payment solely to enable the health care prac-
titioner to be considered an employee of an entity operating and admin-
istering [the] A health care practitioner volunteer program established
pursuant to this title; or (ii) the provision of medical liability
insurance coverage to the health care practitioner pursuant to the
requirements of this title;
(c) is well qualified and intends to serve as a volunteer in the prac-
tice or specialty area in which he or she is licensed and primarily
practices, or practiced prior to retirement, or is licensed and
demonstrably qualified to practice through training, retraining, or
continuing education; and
(d) is not subject to any limitations on practice as the result of
findings or action by, or any agreement with, any licensing or profes-
sional conduct agency or board, or any court or regulatory agency.
4. No health care practitioner volunteer shall participate in [the] A
health care practitioner volunteer program established pursuant to this
title unless, with respect to acts and omissions that occurred or
allegedly occurred within the scope of his or her participation in such
program, he or she is covered by an adequate professional liability
insurance policy.
5. The commissioner shall, upon submission of satisfactory evidence of
compliance with the provisions of this title, approve [a] health care
practitioner volunteer [program to be] PROGRAMS located in the county of
Schenectady AND IN THE UNINCORPORATED COMMUNITY OF UNIONDALE, BEING IN
THE TOWN OF HEMPSTEAD AND COUNTY OF NASSAU. Such program shall:
(a) be operated and administered by a not-for-profit entity licensed
under article twenty-eight of this chapter, provided, however, that
nothing contained [herein] IN THIS PARAGRAPH shall preclude a facility
otherwise licensed under this chapter or under the mental hygiene law
from utilizing the services of health care practitioner volunteers for
the provision of free health care services pursuant to such licensure;
and
(b) have procedures to screen participating health care practitioner
volunteers to ensure that they meet the requirements of subdivision
three of this section.
6. (a) The [program] PROGRAMS shall report annually to the commission-
er on the progress of [the] EACH program. The report shall include a
profile of participating health care practitioner volunteers, the number
of persons served, a description of the activities of the program, an
outline of the program's continuing or projected activities, a
description of the impact of the program on the community, and an esti-
mate of the value of volunteer services provided.
A. 6169 3
(b) On or before June first of each year, the commissioner shall
report to the governor, the temporary president of the senate, the
minority leader of the senate, the speaker of the assembly, the minority
leader of the assembly, and the chairs of the senate and assembly
committees on health on findings, conclusions, and recommendations on
the implementation of the provisions of this title.
7. Notwithstanding any inconsistent provision of law to the contrary,
the commissioner is authorized to waive, modify or suspend the
provisions of rules and regulations promulgated pursuant to article
twenty-eight of this chapter if the commissioner determines that such
waiver, modification or suspension is necessary for the successful
implementing of the health care practitioner volunteer [program]
PROGRAMS authorized pursuant to this section and provided that the
commissioner determines that the health, safety and general welfare of
people receiving health care under such health care practitioner volun-
teer [program] PROGRAMS will not be impaired as a result of such waiver,
modification or suspension.
S 2. This act shall take effect immediately.