senate Bill S4069

2013-2014 Legislative Session

Relates to the establishment of limited services clinics

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 committed to rules
May 12, 2014 advanced to third reading
May 07, 2014 2nd report cal.
May 06, 2014 1st report cal.559
Jan 08, 2014 referred to health
Jun 21, 2013 committed to rules
May 23, 2013 advanced to third reading
May 22, 2013 2nd report cal.
May 21, 2013 1st report cal.664
Mar 07, 2013 referred to health

Votes

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May 6, 2014 - Health committee Vote

S4069
13
0
committee
13
Aye
0
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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May 21, 2013 - Health committee Vote

S4069
11
0
committee
11
Aye
0
Nay
6
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Health committee vote details

S4069 - Bill Details

Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §2801-a, Pub Health L

S4069 - Bill Texts

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Relates to the establishment of limited services clinics; authorizes the public health and health planning council to adopt/amend rules and regulations relating thereto.

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BILL NUMBER:S4069

TITLE OF BILL: An act to amend the public health law, in relation to
the establishment of limited services clinics

PURPOSE: To create standards for the establishment and operation of
limited services clinics.

SUMMARY OF PROVISIONS:

Section one amends § 2801-a of the Public Health Law by adding a new
subdivision 17 authorizing the legal entities formed under the laws of
New York to operate limited services clinics provided that they comply
with all applicable requirements and demonstrate to the satisfaction
of the public health council sufficient experience and expertise
delivering high quality health care services. The public health
council is directed to amend rules and regulations to address any
matter pertinent to the establishment and operation of limited
services clinics. This section also clarifies that several provisions
of 2801-a relating to corporations do not apply to limited services
clinics. This section further provides that a limited services clinic
shall be deemed to be a "health care provider" for the purposes of
Title 2-D of Article 2 of the Public Health Law (healthcare provider
referrals). A prescriber practicing in a limited services clinic shall
not be deemed to be in the employ of a pharmacy or practicing in a
hospital for purposed of § 6807(2) of the Education Law. In addition,
this section directs the Commissioner to promulgate regulations for
limited service clinics, which may be different from the regulations
applicable to diagnostic or treatment centers. In making the
regulations, the Commissioner may consult with a workgroup which
includes representatives of professional societies of healthcare
professionals and promote and strengthen primary care and integration
of services.

Section two provides the effective date.

JUSTIFICATION: Limited services clinics already exist in several
locations throughout New York State. However, there is currently no
statutory or regulatory scheme in place that specifically addresses
these entities. This bill will ensure that all limited services
clinics are created and operated according to set standards. By
establishing these regulations, the state will be better able to
monitor limited services clinics to make certain that they are
providing safe, high quality health care services.

LEGISLATIVE HISTORY: Similar to S.3673-B of 2012, S.8275 of 2010.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  4069

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 7, 2013
                               ___________

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 the  establishment
  of limited services 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, 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  APPLI-
CABLE,  AND  CONTROLLING PERSONS COMPLY WITH ALL APPLICABLE REQUIREMENTS
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 "LIMITED
SERVICES 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 OF  LIMITED  SERVICES
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  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05351-03-3

S. 4069                             2

ITS SHAREHOLDERS OR MEMBERS, AS APPLICABLE, INCLUDING  LOCAL  GOVERNANCE
OF THE LIMITED SERVICES 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 LIMIT-
ED SERVICES CLINICS OPERATED PURSUANT TO THIS SUBDIVISION: (I) PARAGRAPH
(B)  OF  SUBDIVISION THREE OF THIS SECTION, RELATING TO STOCKHOLDERS AND
MEMBERS; (II) PARAGRAPH (C) OF SUBDIVISION FOUR OF THIS SECTION,  RELAT-
ING  TO  THE  DISPOSITION OF STOCK OR VOTING RIGHTS; AND (III) PARAGRAPH
(E) OF SUBDIVISION FOUR OF THIS SECTION, RELATING TO  THE  OWNERSHIP  OF
STOCK OR MEMBERSHIP.
  (C)  A  LIMITED  SERVICES  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 LIMITED SERVICES 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 SETTING FORTH OPERA-
TIONAL  AND PHYSICAL PLANT STANDARDS FOR LIMITED SERVICES CLINICS, WHICH
MAY BE DIFFERENT FROM THE REGULATIONS OTHERWISE APPLICABLE TO DIAGNOSTIC
OR TREATMENT CENTERS, INCLUDING, BUT  NOT  LIMITED  TO:  DESIGNATING  OR
LIMITING  THE  DIAGNOSES  AND SERVICES THAT MAY BE PROVIDED; PROHIBITING
THE PROVISION OF SERVICES TO PATIENTS TWENTY-FOUR MONTHS OF AGE OR YOUN-
GER; AND REQUIREMENTS OR GUIDELINES FOR ADVERTISING AND SIGNAGE, DISCLO-
SURE OF OWNERSHIP INTERESTS, INFORMED CONSENT, RECORD KEEPING,  REFERRAL
FOR  TREATMENT  AND  CONTINUITY OF CARE, 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 MAY (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 LIMITED SERVICES 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.

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