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

                                  81--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M. of A. PAULIN, SPANO, REILLY, BENEDETTO -- Multi-Spon-
  sored by -- M. of A. BOYLAND, HIKIND, HOOPER -- read once and referred
  to the Committee on Health  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT to amend the public health law, in relation to the establishment
  of convenient care clinics

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

  Section  1.  Section  2801-a  of  the  public health law is amended by
adding a new subdivision 17 to read as follows:
  17. (A) DIAGNOSTIC OR TREATMENT CENTERS ESTABLISHED TO PROVIDE  HEALTH
CARE SERVICES WITHIN THE SPACE OF A RETAIL BUSINESS OPERATION, INCLUDING
BUT  NOT  LIMITED TO A PHARMACY, A STORE OPEN TO THE GENERAL PUBLIC OR A
SHOPPING MALL, OR WITHIN SPACE USED BY AN EMPLOYER FOR PROVIDING  HEALTH
CARE SERVICES TO ITS EMPLOYEES, MAY BE OPERATED BY LEGAL ENTITIES FORMED
UNDER THE LAWS OF NEW YORK WHOSE STOCKHOLDERS OR MEMBERS, AS APPLICABLE,
ARE NOT NATURAL PERSONS AND WHOSE PRINCIPAL STOCKHOLDERS AND MEMBERS, AS
APPLICABLE,  AND CONTROLLING PERSONS COMPLY WITH ALL APPLICABLE REQUIRE-
MENTS OF THIS SECTION AND DEMONSTRATE, TO THE SATISFACTION OF THE PUBLIC
HEALTH AND HEALTH PLANNING COUNCIL, SUFFICIENT EXPERIENCE AND  EXPERTISE
IN  DELIVERING  HIGH  QUALITY  HEALTH CARE SERVICES. SUCH DIAGNOSTIC AND
TREATMENT CENTERS SHALL BE REFERRED TO IN THIS  SECTION  AS  "CONVENIENT
CARE  CLINICS".  FOR PURPOSES OF THIS SUBDIVISION, THE PUBLIC HEALTH AND
HEALTH PLANNING COUNCIL SHALL ADOPT AND  AMEND  RULES  AND  REGULATIONS,
NOTWITHSTANDING  ANY  INCONSISTENT PROVISION OF THIS SECTION, TO ADDRESS
ANY MATTER IT DEEMS PERTINENT TO  THE  ESTABLISHMENT  AND  OPERATION  OF
CONVENIENT  CARE CLINICS; PROVIDED THAT SUCH RULES AND REGULATIONS SHALL
INCLUDE, BUT NOT BE LIMITED TO, PROVISIONS GOVERNING OR RELATING TO: (I)
ANY DIRECT OR INDIRECT CHANGES OR TRANSFERS OF  OWNERSHIP  INTERESTS  OR
VOTING  RIGHTS  IN  SUCH  ENTITIES  OR THEIR STOCKHOLDERS OR MEMBERS, AS

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

                                                           LBD00922-03-1

A. 81--A                            2

APPLICABLE, AND PROVIDE FOR PUBLIC HEALTH AND  HEALTH  PLANNING  COUNCIL
APPROVAL OF ANY CHANGE IN CONTROLLING INTERESTS, PRINCIPAL STOCKHOLDERS,
CONTROLLING  PERSONS,  PARENT COMPANY OR SPONSORS; (II) OVERSIGHT OF THE
OPERATOR AND ITS SHAREHOLDERS OR MEMBERS, AS APPLICABLE, INCLUDING LOCAL
GOVERNANCE  OF  THE  CONVENIENT  CARE CLINICS; AND (III) RELATING TO THE
CHARACTER AND COMPETENCE AND QUALIFICATIONS OF, AND CHANGES RELATING TO,
THE DIRECTORS AND OFFICERS OF THE OPERATOR AND ITS PRINCIPAL  STOCKHOLD-
ERS, CONTROLLING PERSONS, PARENT COMPANY OR SPONSORS.
  (B)  THE  FOLLOWING  PROVISIONS  OF  THIS  SECTION  SHALL NOT APPLY TO
CONVENIENT CARE CLINICS OPERATED PURSUANT TO THIS SUBDIVISION: (I) PARA-
GRAPH (B) OF SUBDIVISION THREE OF THIS SECTION, RELATING TO STOCKHOLDERS
AND MEMBERS; (II) PARAGRAPH (C) OF SUBDIVISION  FOUR  OF  THIS  SECTION,
RELATING  TO  THE DISPOSITION OF STOCK OR VOTING RIGHTS; AND (III) PARA-
GRAPH (E) OF SUBDIVISION FOUR OF THIS SECTION, RELATING TO THE OWNERSHIP
OF STOCK OR MEMBERSHIP.
  (C) THE COMMISSIONER MAY PROMULGATE REGULATIONS  FOR  CONVENIENT  CARE
CLINICS  THAT ARE DIFFERENT FROM THE REGULATIONS OTHERWISE APPLICABLE TO
DIAGNOSTIC OR TREATMENT CENTERS RELATING TO SUBJECTS INCLUDING, BUT  NOT
LIMITED  TO:  DESIGN, CONSTRUCTION, FIXTURES, EQUIPMENT, AND SERVICES TO
BE PROVIDED.
  S 2. This act shall take effect immediately.

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

                                  81--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M. of A. PAULIN, SPANO, REILLY, BENEDETTO -- Multi-Spon-
  sored by -- M. of A. BOYLAND, HIKIND, HOOPER -- read once and referred
  to the Committee on Health  --  committee  discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  again reported from said committee with amendments, ordered  reprinted
  as amended and recommitted to said committee

AN  ACT to amend the public health law, in relation to the establishment
  of convenient care clinics

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

  Section  1.  Section  2801-a  of  the  public health law is amended by
adding a new subdivision 17 to read as follows:
  17. CONVENIENT CARE CLINICS.   (A)  DIAGNOSTIC  OR  TREATMENT  CENTERS
ESTABLISHED TO PROVIDE HEALTH CARE SERVICES WITHIN THE SPACE OF A RETAIL
BUSINESS  OPERATION,  SUCH  AS  A  PHARMACY, A STORE OPEN TO THE GENERAL
PUBLIC OR A SHOPPING MALL, OR WITHIN  SPACE  USED  BY  AN  EMPLOYER  FOR
PROVIDING  HEALTH  CARE  SERVICES  TO  ITS EMPLOYEES, MAY BE OPERATED BY
LEGAL ENTITIES FORMED UNDER THE LAWS OF NEW YORK WHOSE  STOCKHOLDERS  OR
MEMBERS,  AS  APPLICABLE,  ARE  NOT  NATURAL PERSONS AND WHOSE PRINCIPAL
STOCKHOLDERS AND MEMBERS, AS APPLICABLE, AND CONTROLLING PERSONS  COMPLY
WITH ALL APPLICABLE REQUIREMENTS OF THIS SECTION AND DEMONSTRATE, TO THE
SATISFACTION  OF  THE  PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, SUFFI-
CIENT EXPERIENCE AND EXPERTISE IN DELIVERING HIGH  QUALITY  HEALTH  CARE
SERVICES.  SUCH DIAGNOSTIC AND TREATMENT CENTERS SHALL BE REFERRED TO IN
THIS SECTION AS "CONVENIENT CARE CLINICS". FOR PURPOSES OF THIS SUBDIVI-
SION, THE PUBLIC HEALTH AND HEALTH  PLANNING  COUNCIL  SHALL  ADOPT  AND
AMEND  RULES AND REGULATIONS, NOTWITHSTANDING ANY INCONSISTENT PROVISION
OF THIS SECTION, TO ADDRESS ANY MATTER IT DEEMS PERTINENT TO THE  ESTAB-
LISHMENT  AND  OPERATION  OF CONVENIENT CARE CLINICS; PROVIDED THAT SUCH
RULES AND REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED  TO,  PROVISIONS

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

                                                           LBD00922-07-1

A. 81--B                            2

GOVERNING  OR  RELATING TO: (I) ANY DIRECT OR INDIRECT CHANGES OR TRANS-
FERS OF OWNERSHIP INTERESTS OR VOTING RIGHTS IN SUCH ENTITIES  OR  THEIR
STOCKHOLDERS  OR  MEMBERS,  AS APPLICABLE, AND PROVIDE FOR PUBLIC HEALTH
AND HEALTH PLANNING COUNCIL APPROVAL OF ANY CHANGE IN CONTROLLING INTER-
ESTS,  PRINCIPAL  STOCKHOLDERS,  CONTROLLING  PERSONS, PARENT COMPANY OR
SPONSORS; (II)  OVERSIGHT  OF  THE  OPERATOR  AND  ITS  SHAREHOLDERS  OR
MEMBERS,  AS  APPLICABLE,  INCLUDING  LOCAL GOVERNANCE OF THE CONVENIENT
CARE CLINICS; AND (III) RELATING TO THE  CHARACTER  AND  COMPETENCE  AND
QUALIFICATIONS  OF,  AND CHANGES RELATING TO, THE DIRECTORS AND OFFICERS
OF THE OPERATOR AND ITS  PRINCIPAL  STOCKHOLDERS,  CONTROLLING  PERSONS,
PARENT COMPANY OR SPONSORS.
  (B)  THE  FOLLOWING  PROVISIONS  OF  THIS  SECTION  SHALL NOT APPLY TO
CONVENIENT CARE CLINICS OPERATED PURSUANT TO THIS SUBDIVISION: (I) PARA-
GRAPH (B) OF SUBDIVISION THREE OF THIS SECTION, RELATING TO STOCKHOLDERS
AND MEMBERS; (II) PARAGRAPH (C) OF SUBDIVISION  FOUR  OF  THIS  SECTION,
RELATING  TO  THE DISPOSITION OF STOCK OR VOTING RIGHTS; AND (III) PARA-
GRAPH (E) OF SUBDIVISION FOUR OF THIS SECTION, RELATING TO THE OWNERSHIP
OF STOCK OR MEMBERSHIP.
  (C) A CONVENIENT CARE CLINIC SHALL BE DEEMED  TO  BE  A  "HEALTH  CARE
PROVIDER"  FOR  THE PURPOSES OF TITLE TWO-D OF ARTICLE TWO OF THIS CHAP-
TER. A PRESCRIBER PRACTICING IN A CONVENIENT CARE CLINIC  SHALL  NOT  BE
DEEMED TO BE IN THE EMPLOY OF A PHARMACY OR PRACTICING IN A HOSPITAL FOR
PURPOSES  OF SUBDIVISION TWO OF SECTION SIXTY-EIGHT HUNDRED SEVEN OF THE
EDUCATION LAW.
  (D) THE COMMISSIONER SHALL PROMULGATE REGULATIONS FOR CONVENIENT  CARE
CLINICS,  WHICH MAY BE DIFFERENT FROM THE REGULATIONS OTHERWISE APPLICA-
BLE TO DIAGNOSTIC OR TREATMENT CENTERS, INCLUDING, BUT NOT  LIMITED  TO:
DESIGNATING OR LIMITING THE DIAGNOSES AND SERVICES THAT MAY BE PROVIDED;
AND  REQUIREMENTS  OR GUIDELINES FOR ADVERTISING AND SIGNAGE, DISCLOSURE
OF OWNERSHIP INTERESTS, INFORMED CONSENT, RECORD KEEPING,  REFERRAL  FOR
TREATMENT,  CASE REPORTING TO THE PATIENT'S PRIMARY CARE OR OTHER HEALTH
CARE PROVIDERS, DESIGN, CONSTRUCTION, FIXTURES, AND EQUIPMENT. IN MAKING
REGULATIONS UNDER THIS SECTION, THE COMMISSIONER SHALL (I) CONSULT  WITH
A WORKGROUP INCLUDING BUT NOT LIMITED TO REPRESENTATIVES OF PROFESSIONAL
SOCIETIES  OF  APPROPRIATE HEALTH CARE PROFESSIONALS, INCLUDING THOSE IN
PRIMARY CARE AND OTHER SPECIALITIES; AND  (II)  PROMOTE  AND  STRENGTHEN
PRIMARY  CARE;  THE  INTEGRATION OF SERVICES PROVIDED BY CONVENIENT CARE
CLINICS WITH THE SERVICES PROVIDED BY THE PATIENT'S  OTHER  HEALTH  CARE
PROVIDERS;  AND  THE  REFERRAL  OF  PATIENTS  TO APPROPRIATE HEALTH CARE
PROVIDERS, INCLUDING APPROPRIATE TRANSMISSION OF PATIENT HEALTH RECORDS.
  S 2. This act shall take effect immediately.