Senate Bill S2823

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

                                  2823

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 4, 2009
                               ___________

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 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
              

S. 2823                             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.

S. 2823                             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.