Senate Bill S6797

                                 BILL NUMBER:  S6797

 TITLE OF BILL :
An act to amend the public health law, in relation to requiring the
commissioner of health to study and issue a report on the provision of
health care to indigent populations in the state


 PURPOSE :
To study the provision of indigent care in the state of New York.

 SUMMARY OF PROVISIONS :
Section 1 amends subdivision 1 of section 206 of the public health law
to add a new paragraph t to require the Department of Health to study
the provision of indigent care.

 JUSTIFICATION :
NYS is constitutionally driven to provide care for the needy. This
mission has guided the state in its role as a steward of the public's
well-being and has resulted in several programs and statutory
requirements to fulfill this responsibility. Most specifically, care
provided by hospitals to the state's indigent has developed into
several initiatives over the years, including one primary source of
funding, the Health Care Reform Act's Bad Debt/Charity Care financial
distributions.

              

In addition, the federal government places requirements on hospitals
to provide such charity care, especially tax-exempt hospitals which
must meet a community benefit standard in order to qualify for the
tax-exempt status. Given the many requirements (sometimes confusing
and often contradictory) of hospitals to provide charity care and the
variety of programs available to meet this obligation, it has become
clear a study must be undertaken. Many of the uninsured and under
insured who seek health care services from a hospital may be eligible
for other government-subsidized health insurance programs, but may not
be enrolled.  Therefore, the coordination of the charity care program
of a hospital with the existing programs offered by the state and the
federal government needs to be examined.

The NYS Department of Health is uniquely positioned to offer this
guidance and assistance and well suited to undertake the study. The
study shall result in a series of principles and consistent standards
for hospitals to assist them in successfully meeting their financial
obligations and more importantly, putting those policies into
practice.  These recommendations shall provide clear policy direction
that reflect the hospital's commitment to meet the needs of those who
cannot pay for services; the obligation of the individual to pay for
services received; and the duty placed on the hospitals to collect
from patients who can afford to pay.

The hospitals in NYS have had a long-standing commitment to improving
health care to all New Yorkers and have had a long tradition of
providing charity care. This study and its recommendations is intended
to support and enhance such efforts.

 LEGISLATIVE HISTORY :
S.4657 of 2007-2008
S.5010 (2005-2006)

 FISCAL IMPLICATIONS :
To be determined.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately, and the commissioner of health
shall issue the first report required by paragraph t of subdivision 1
of section 206 of the public health law, as added by section one of
this act, on or before the one hundred eightieth day after such
effective date.