Senate Bill S2133

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

                                  2133

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 11, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- 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 site selection and
  a statewide registry for magnetic resonance imaging facilities

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

  Section  1.   The public health law is amended by adding a new article
35-B to read as follows:
                               ARTICLE 35-B
                  MAGNETIC RESONANCE IMAGING FACILITIES
SECTION 3560. SITE SELECTION OF MAGNETIC RESONANCE IMAGING FACILITIES.
        3561. STATEWIDE REGISTRY OF MAGNETIC RESONANCE  IMAGING  FACILI-
                TIES.
  S  3560.  SITE SELECTION OF MAGNETIC RESONANCE IMAGING FACILITIES.  1.
FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING DEFINITIONS SHALL APPLY:
  (A) "MAGNETIC RESONANCE IMAGING FACILITY" MEANS ANY  MEDICAL  FACILITY
WHICH EMPLOYS A NONINVASIVE DIAGNOSTIC TECHNIQUE THAT PRODUCES COMPUTER-
IZED  IMAGES  OF  INTERNAL BODY TISSUES AND IS BASED ON NUCLEAR MAGNETIC
RESONANCE OF ATOMS WITHIN THE BODY INDUCED BY THE APPLICATION  OF  RADIO
WAVES.
  (B)  "SPONSORING  AGENCY"  MEANS  AN  AGENCY  OR UNIT OF GOVERNMENT, A
VOLUNTARY ORGANIZATION OR ANY OTHER PERSON, ORGANIZATION OR ENTITY WHICH
INTENDS TO ESTABLISH OR OPERATE A MAGNETIC RESONANCE IMAGING FACILITY.
  (C) "MUNICIPALITY" MEANS A COUNTY OR A CITY IF A  FACILITY  IS  TO  BE
LOCATED THEREIN.
  (D)  "COMMISSIONER"  MEANS  THE  COUNTY OR CITY COMMISSIONER OF HEALTH
RESPONSIBLE FOR ISSUANCE OF A LICENSE AND OPERATING CERTIFICATE  TO  THE
PROPOSED MAGNETIC RESONANCE IMAGING FACILITY.
  2.    IF A SPONSORING AGENCY INTENDS TO ESTABLISH A MAGNETIC RESONANCE
IMAGING FACILITY WITHIN A MUNICIPALITY BUT DOES NOT HAVE A SPECIFIC SITE
SELECTED, IT MAY NOTIFY THE COMMISSIONER OF HEALTH OF  THE  MUNICIPALITY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08810-01-9
              

S. 2133                             2

IN WRITING OF ITS INTENTIONS AND INCLUDE IN SUCH NOTICE A DESCRIPTION OF
THE  NATURE,  SIZE  AND  MEDICAL  SUPPORT  REQUIREMENTS OF THE FACILITY.
PROVIDED, HOWEVER,  NOTHING  IN  THIS  SUBDIVISION  SHALL  PRECLUDE  THE
PROPOSED  ESTABLISHMENT  OF A SITE PURSUANT TO SUBDIVISION THREE OF THIS
SECTION.
  3. (A) WHEN A SITE HAS BEEN SELECTED  BY  THE  SPONSORING  AGENCY,  IT
SHALL  NOTIFY  THE COMMISSIONER OF HEALTH OF THE MUNICIPALITY IN WRITING
AND INCLUDE IN SUCH NOTICE THE SPECIFIC ADDRESS OF THE SITE, THE TYPE OF
MAGNETIC RESONANCE IMAGING TECHNOLOGY, THE NUMBER OF PATIENTS WHO  COULD
BE SERVED ANNUALLY, AND THE COMMUNITY SUPPORT REQUIREMENTS OF THE FACIL-
ITY.    SUCH  NOTICE SHALL ALSO CONTAIN THE MOST RECENTLY PUBLISHED DATA
COMPILED PURSUANT TO SECTION THIRTY-FIVE HUNDRED SIXTY-ONE OF THIS ARTI-
CLE WHICH CAN REASONABLY BE EXPECTED TO PERMIT THE MUNICIPALITY TO EVAL-
UATE ALL SUCH FACILITIES AFFECTING THE NATURE AND CHARACTER OF THE  AREA
WHEREIN SUCH PROPOSED FACILITY IS TO BE LOCATED.  THE MUNICIPALITY SHALL
HAVE TWENTY DAYS AFTER THE RECEIPT OF SUCH NOTICE TO:
  (I) APPROVE THE SITE RECOMMENDED BY THE SPONSORING AGENCY;
  (II)  SUGGEST ONE OR MORE SUITABLE SITES WITHIN ITS JURISDICTION WHICH
COULD ACCOMMODATE SUCH A FACILITY; OR
  (III) OBJECT TO THE ESTABLISHMENT OF A FACILITY OF THE KIND  DESCRIBED
BY  THE  SPONSORING AGENCY BECAUSE TO DO SO WOULD RESULT IN AN OVER-CON-
CENTRATION OF MEDICAL RESONANCE IMAGING FACILITIES IN  THE  MUNICIPALITY
OR THE REGION.
  SUCH  RESPONSE  SHALL  BE  FORWARDED TO THE SPONSORING AGENCY.  IF THE
MUNICIPALITY DOES NOT RESPOND WITHIN TWENTY DAYS, THE SPONSORING  AGENCY
MAY  ESTABLISH  A MAGNETIC RESONANCE IMAGING FACILITY AT THE SITE RECOM-
MENDED IN ITS NOTICE.
  (B) PRIOR TO FORWARDING A RESPONSE TO THE SPONSORING AGENCY, THE MUNI-
CIPALITY MAY HOLD A PUBLIC HEARING PURSUANT TO LOCAL LAW.
  (C) IF THE MUNICIPALITY APPROVES THE SITE RECOMMENDED BY THE  SPONSOR-
ING  AGENCY,  THE SPONSORING AGENCY SHALL SEEK TO ESTABLISH THE FACILITY
AT THE APPROVED SITE.
  (D) IF THE SITE OR SITES SUGGESTED BY THE MUNICIPALITY  ARE  SATISFAC-
TORY  WITH REGARD TO THE NATURE, SIZE AND COMMUNITY SUPPORT REQUIREMENTS
OF THE FACILITY AND THE AREA IN WHICH SUCH SITE  OR  SITES  ARE  LOCATED
DOES NOT ALREADY INCLUDE AN EXCESSIVE NUMBER OF MAGNETIC RESONANCE IMAG-
ING FACILITIES, THE SPONSORING AGENCY SHALL SEEK TO ESTABLISH ITS FACIL-
ITY AT ONE OF THE SITES DESIGNATED BY THE MUNICIPALITY.
  IF  THE  MUNICIPALITY SUGGESTS A SITE OR SITES WHICH ARE NOT SATISFAC-
TORY TO THE SPONSORING AGENCY, THE AGENCY SHALL SO  NOTIFY  THE  MUNICI-
PALITY WHICH SHALL HAVE TEN DAYS TO SUGGEST AN ALTERNATIVE SITE OR SITES
FOR THE PROPOSED MAGNETIC RESONANCE IMAGING FACILITY.
  (E)    IN  THE  EVENT  THE  MUNICIPALITY OBJECTS TO ESTABLISHMENT OF A
FACILITY IN THE MUNICIPALITY  BECAUSE  TO  DO  SO  WOULD  RESULT  IN  AN
OVER-CONCENTRATION  OF  MAGNETIC  RESONANCE  IMAGING  FACILITIES; OR THE
SPONSORING AGENCY OBJECTS TO THE ESTABLISHMENT OF A FACILITY IN THE AREA
OR AREAS SUGGESTED BY THE MUNICIPALITY; OR IN THE EVENT THAT THE MUNICI-
PALITY AND SPONSORING AGENCY CANNOT AGREE UPON A SITE, EITHER THE  SPON-
SORING  AGENCY  OR  THE  MUNICIPALITY  MAY  REQUEST AN IMMEDIATE HEARING
BEFORE THE COMMISSIONER OF HEALTH TO RESOLVE THE ISSUE.  THE COMMISSION-
ER OF HEALTH SHALL PERSONALLY OR BY A HEARING  OFFICER  CONDUCT  SUCH  A
HEARING WITHIN FIVE DAYS OF SUCH A REQUEST.
  IN  REVIEWING ANY SUCH OBJECTIONS, THE NEED FOR SUCH FACILITIES IN THE
MUNICIPALITY SHALL BE CONSIDERED AS SHALL THE EXISTING CONCENTRATION  OF
SUCH  FACILITIES  AND  OTHER HEALTH FACILITIES IN THE MUNICIPALITY OR IN
THE AREA IN PROXIMITY TO THE SITE  SELECTED.    THE  COMMISSIONER  SHALL

S. 2133                             3

SUSTAIN THE OBJECTION IF HE DETERMINES THAT THE AREA IN WHICH THE FACIL-
ITY  IS  TO BE BASED WOULD CAUSE AN OVER-CONCENTRATION OF MAGNETIC RESO-
NANCE IMAGING FACILITIES WHILE OTHER AREAS AND REGIONS ARE  WITHOUT  THE
SERVICES  OF  SUCH FACILITIES.   THE COMMISSIONER OF HEALTH SHALL MAKE A
DETERMINATION WITHIN FIVE DAYS OF THE HEARING.
  4. REVIEW OF A DECISION RENDERED BY THE STATE COMMISSIONER  OF  HEALTH
PURSUANT  TO THIS SECTION MAY BE HAD IN A PROCEEDING PURSUANT TO ARTICLE
SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES COMMENCED WITHIN THIR-
TY DAYS OF THE DETERMINATION.
  S 3561. STATEWIDE REGISTRY OF MAGNETIC RESONANCE  IMAGING  FACILITIES.
1.  THERE SHALL BE ESTABLISHED IN THE DEPARTMENT A STATEWIDE REGISTRY ON
MAGNETIC RESONANCE IMAGING FACILITIES.  THE DEPARTMENT SHALL DEVELOP, IN
COOPERATION  WITH  THE MUNICIPALITIES RESPONSIBLE FOR THE SITE SELECTION
OF SUCH FACILITIES, A UNIFORM DATA BASE  FOR  A  STATEWIDE  REGISTRY  TO
INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING INFORMATION:
  (A)  THE NATURE OR TYPE OF SUCH MAGNETIC RESONANCE IMAGING FACILITY;
  (B)   THE TITLE OF THE SPONSORING AGENCY RESPONSIBLE FOR THE OPERATION
OF SUCH FACILITY;
  (C)  THE GEOGRAPHICAL AREA IN WHICH SUCH FACILITY IS LOCATED,  INCLUD-
ING  BUT  NOT  LIMITED  TO  STREET  ADDRESS,  MUNICIPALITY, LOCAL SCHOOL
DISTRICT AND HEALTH SYSTEMS AGENCY; AND
  (D)  THE NUMBER OF CLIENTS ANNUALLY SERVED BY SUCH FACILITY.
  2. (A) THE DEPARTMENT SHALL, NO LATER  THAN  DECEMBER  FIFTEENTH,  TWO
THOUSAND  NINE  AND  ANNUALLY THEREAFTER, PREPARE DOCUMENTATION AND MAKE
AVAILABLE TO THE PUBLIC THE FOLLOWING INFORMATION:
  (I)  A REGISTRY OF ALL MAGNETIC RESONANCE IMAGING FACILITIES PRESENTLY
OPERATING IN THIS STATE INCLUDING THE TYPES OF  SERVICES  PROVIDED,  THE
NUMBER  OF  PERSONS SERVED, AND THE MUNICIPALITY IN WHICH IT IS LOCATED;
AND
  (II)   THE NUMBER OF PERSONS IN  THE  STATE  WHO  RECEIVED  DIAGNOSTIC
SERVICES  IN A MAGNETIC RESONANCE IMAGING FACILITY INCLUDING THE GENERAL
TYPE OF SERVICES BEING PROVIDED AND THE MUNICIPALITY IN WHICH PROVIDED.
  (B) THE DEPARTMENT SHALL PREPARE FOR INCLUSION IN THE ANNUAL REPORT TO
BE FILED WITH THE GOVERNOR AND THE LEGISLATURE AN ANALYSIS OF THE INFOR-
MATION AS PREVIOUSLY DESCRIBED IN PARAGRAPH (A) OF THIS  SUBDIVISION  SO
AS  TO  IMPROVE  THE  ABILITY OF SUCH STATE AGENCIES RESPONSIBLE FOR THE
PLANNING, ADMINISTRATION, LICENSING, REGULATION AND OPERATION OF  HEALTH
FACILITIES TO EFFECTIVELY IDENTIFY EXISTING AND FUTURE NEEDS FOR PERSONS
AND SERVICES IN DIFFERENT AREAS AND COORDINATE THEIR PLANNING EFFORTS TO
MEET SUCH NEEDS.
  3.    THE DEPARTMENT SHALL PROVIDE TECHNICAL ASSISTANCE, WITHIN AVAIL-
ABLE RESOURCES, TO MUNICIPALITIES WHICH INTEND TO ESTABLISH  COORDINATED
PLANNING FUNCTIONS AS DESCRIBED IN THIS ARTICLE.
  S  2.   This act shall take effect on the thirtieth day after it shall
have become a law.