The New York State Senate

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

                                  3560

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced by M. of A. GLICK, NOLAN, WEINSTEIN -- read once and referred
  to the Committee on Health

AN  ACT  to  amend  the public health law, in relation to diagnostic and
  treatment centers providing care to the indigent  which  are  eligible
  for the allocation of state funds

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

  Section 1. Paragraph (a) of subdivision 2 of  section  2807-p  of  the
public  health  law, as amended by section 55 of part A of chapter 58 of
the laws of 2007, is amended to read as follows:
  (a) "Eligible diagnostic and treatment centers", for purposes of  this
section, shall mean voluntary non-profit and publicly sponsored diagnos-
tic  and  treatment  centers  providing a comprehensive range of primary
health care services, OR IS  A  FREESTANDING  DIAGNOSTIC  AND  TREATMENT
CENTER  RECEIVING  A  COMPREHENSIVE  FAMILY PLANNING REPRODUCTIVE HEALTH
SERVICES GRANT FROM THE DEPARTMENT, which can  demonstrate  losses  from
disproportionate  share  of  uncompensated care during a base period two
years prior to the grant period; provided that for periods on and  after
January  first,  two  thousand four an eligible diagnostic and treatment
center shall not include any voluntary non-profit diagnostic and  treat-
ment  center  controlling,  controlled by or under common control with a
health maintenance  organization,  as  defined  by  subdivision  one  of
section  forty-four  hundred  one of this chapter; provided further that
for purposes of this section, a health  maintenance  organization  shall
not  include a prepaid health services plan licensed pursuant to section
forty-four hundred three-a of this chapter. For  periods  on  and  after
July  first,  two  thousand  three, the base period and the grant period
shall be the calendar year.
  S 2. Paragraph (c) of subdivision 3 of section 2807-p  of  the  public
health law, as amended by section 55 of part A of chapter 58 of the laws
of 2007, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03909-01-5

A. 3560                             2

  (c)  To  be  eligible  for an allocation of funds or a rate adjustment
pursuant to this section, a diagnostic and treatment center must provide
a comprehensive range of primary health care services,  OR  IS  A  FREE-
STANDING DIAGNOSTIC AND TREATMENT CENTER RECEIVING A COMPREHENSIVE FAMI-
LY  PLANNING REPRODUCTIVE HEALTH SERVICES GRANT FROM THE DEPARTMENT, and
must demonstrate that a minimum of five percent of total  clinic  visits
reported  during the applicable base year period were to uninsured indi-
viduals. The commissioner may retrospectively reduce the allocations  of
funds or the rate adjustments to a diagnostic and treatment center if it
is  determined that provider management actions or decisions have caused
a significant reduction for the grant period in the delivery of  compre-
hensive  primary health care services to uncompensated care residents of
the community.
  S 3. This act shall take effect April 1, 2016.