S T A T E O F N E W Y O R K
________________________________________________________________________
4060
2009-2010 Regular Sessions
I N S E N A T E
April 8, 2009
___________
Introduced by Sen. MONTGOMERY -- 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 school-based
health centers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2510 of the public health law is amended by adding
a new subdivision 13 to read as follows:
13. "SCHOOL-BASED HEALTH CENTER" MEANS A CLINIC LICENSED UNDER ARTICLE
TWENTY-EIGHT OF THIS CHAPTER, OR SPONSORED BY A FACILITY LICENSED UNDER
SUCH ARTICLE, WHICH PROVIDES PRIMARY CARE SERVICES WITHIN AN ELEMENTARY
OR SECONDARY PUBLIC SCHOOL SETTING.
S 2. Paragraph (i) of subdivision 9 of section 2511 of the public
health law, as relettered by section 46 of part A of chapter 1 of the
laws of 2002, is relettered paragraph (j) and a new paragraph (i) is
added to read as follows:
(I) NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF PARAGRAPH (A) OF
THIS SUBDIVISION, THE COMMISSIONER SHALL, WITHIN AMOUNTS APPROPRIATED
THEREFOR, CONTRACT WITH SCHOOL-BASED HEALTH CENTERS TO PROVIDE EDUCATION
AND OUTREACH AND TO FACILITATE THE ENROLLMENT OF CHILDREN WHO MAY BE
ELIGIBLE FOR BENEFITS UNDER THIS TITLE AND TITLE ELEVEN OF ARTICLE FIVE
OF THE SOCIAL SERVICES LAW. IN ORDER TO BE APPROVED PURSUANT TO THIS
PARAGRAPH, A SCHOOL-BASED HEALTH CENTER SHALL MEET THE CRITERIA SET
FORTH IN THIS SUBDIVISION.
S 3. Subdivision 9 of section 2511 of the public health law, as
amended by chapter 639 of the laws of 1996, is amended to read as
follows:
9. The commissioner shall, within amounts available therefor, contract
with community-based and other marketing organizations for purposes of
public education, outreach, and recruitment of eligible children,
including the distribution of applications and information regarding
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00802-01-9
S. 4060 2
enrollment. In awarding such contracts, the commissioner shall consider
the marketing, outreach and recruitment efforts of approved organiza-
tions, and the extent to which such organizations are able to effec-
tively target efforts in geographic regions where the proportion of
eligible children enrolled under this title are lower than in other
geographic regions of the state. Community-based organizations shall
include, but not be limited to: day care centers, schools, SCHOOL-BASED
HEALTH CENTERS, community-based diagnostic and treatment centers, and
hospitals.
S 4. Section 2511 of the public health law is amended by adding a new
subdivision 21 to read as follows:
21. AN APPROVED ORGANIZATION SHALL NOT LIMIT AN ELIGIBLE CHILD'S
DIRECT ACCESS TO PRIMARY CARE SERVICES COVERED PURSUANT TO SUBDIVISION
SEVEN OF SECTION TWENTY-FIVE HUNDRED TEN OF THIS TITLE FROM A
SCHOOL-BASED HEALTH CENTER SERVING THE SCHOOL ATTENDED BY THE CHILD AND
INCLUDED WITHIN THE PROVIDER NETWORK OF THE APPROVED ORGANIZATION IN
WHICH THE CHILD IS ENROLLED. THE SCHOOL-BASED HEALTH CENTER SHALL
DISCUSS ANY SUCH PRIMARY CARE SERVICES AND TREATMENT PLAN WITH THE
CHILD'S PRIMARY CARE PRACTITIONER IN ACCORDANCE WITH THE REQUIREMENTS OF
THE ORGANIZATION AND THIS TITLE.
S 5. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that the amendments to subdivision
9 of section 2511 of the public health law made by section two of this
act shall be subject to the expiration and reversion of such subdivision
pursuant to section 47 of chapter 2 of the laws of 1998, as amended,
when upon such date the provisions of section three of this act shall
take effect.