S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5342
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 22, 2017
                                ___________
 
 Introduced by Sen. HANNON -- (at request of the Department of Health) --
   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  extending  the
   authority  of  the  commissioner  of  health  to issue certificates of
   public advantage

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 1 of section 2999-aa of the public health law,
 as added by section 51 of part H of chapter 59 of the laws of  2011,  is
 amended to read as follows:
   1.  In order to promote improved quality and efficiency of, and access
 to, health care services and to promote improved  clinical  outcomes  to
 the  residents  of  New  York,  it  shall  be the policy of the state to
 encourage, where appropriate, cooperative, collaborative and integrative
 arrangements including but not  limited  to,  mergers  and  acquisitions
 among  health  care  providers  or  among  others who might otherwise be
 competitors, under the active supervision of the  commissioner.  To  the
 extent  such arrangements, or the planning and negotiations that precede
 them, might be anti-competitive within the meaning  and  intent  of  the
 state and federal antitrust laws, the intent of the state is to supplant
 competition  with  such  arrangements  under  the active supervision and
 related administrative actions  of  the  commissioner  as  necessary  to
 accomplish  the  purposes  of  this article, and to provide state action
 immunity under the state and federal  antitrust  laws  with  respect  to
 activities  undertaken  by  health care providers and others pursuant to
 this article, where the benefits of such  active  supervision,  arrange-
 ments  and actions of the commissioner outweigh any disadvantages likely
 to result from a reduction of competition. The  commissioner  shall  not
 approve  an  arrangement for which state action immunity is sought under
 this article without first consulting with, and receiving a  recommenda-

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

                                                            LBD09926-01-7

 S. 5342                             2
 
 tion from, the public health and health planning council. No arrangement
 under  this  article  shall be approved after December thirty-first, two
 thousand [sixteen] TWENTY.
   § 2. This act shall take effect immediately.