S T A T E   O F   N E W   Y O R K
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                                   8474
 
                             I N  S E N A T E
 
                                May 8, 2018
                                ___________
 
 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  convening  an
   office-based  surgery  workgroup  to  make  recommendations  regarding
   appropriate reforms or policy changes necessary and in the best inter-
   est of the public

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 230-e to read as follows:
   § 230-E. OFFICE-BASED SURGERY WORKGROUP. 1.  AN  OFFICE-BASED  SURGERY
 WORKGROUP  SHALL BE CONVENED AND SHALL CONSIST OF NINE MEMBERS APPOINTED
 BY THE GOVERNOR. TWO MEMBERS SHALL BE APPOINTED ON THE RECOMMENDATION OF
 THE SPEAKER OF THE ASSEMBLY AND TWO MEMBERS SHALL BE  APPOINTED  ON  THE
 RECOMMENDATION  OF  THE  TEMPORARY  PRESIDENT  OF  THE  SENATE AND SHALL
 CONSIST OF TWO REPRESENTATIVES OF THE OFFICE-BASED SURGERY INDUSTRY, ONE
 REPRESENTATIVE OF HEALTH PLANS, ONE REPRESENTATIVE OF THE  ACCREDITATION
 AGENCIES,  ONE REPRESENTATIVE OF A STATEWIDE SOCIETY REPRESENTING PHYSI-
 CIANS AND TWO CONSUMERS AND SHALL BE CO-CHAIRED BY THE SUPERINTENDENT OF
 FINANCIAL SERVICES AND THE COMMISSIONER.  SUCH  REPRESENTATIVES  OF  THE
 WORKGROUP  MUST  REPRESENT  DIFFERENT  REGIONS OF THE STATE. THE MEMBERS
 SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES BUT  SHALL  BE  ALLOWED
 THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR
 DUTIES.
   2.  THE  WORKGROUP  SHALL  REVIEW  THE HISTORY OF OFFICE-BASED SURGERY
 SINCE ENACTMENT OF ACCREDITATION REQUIREMENTS FOR  OFFICE-BASED  SURGERY
 ENTITIES  PURSUANT TO SECTION TWO HUNDRED THIRTY-D OF THIS TITLE AND ANY
 IMPACTS INCLUDING TRENDS, UPWARDS OR DOWNWARDS, IN SIZE,  SPECIALTY  AND
 GEOGRAPHIC  DISTRIBUTION  OF  OFFICE-BASED SURGERY PRACTICES AND COMPAR-
 ISONS WITH OTHER OUT-PATIENT SURGICAL  SETTINGS  ESPECIALLY  RELATED  TO
 PATIENT  ACCESS, SAFETY AND RATES OF REIMBURSEMENT PAID BY HEALTH PLANS.
 BASED ON THIS REVIEW, SUCH WORKGROUP SHALL MAKE RECOMMENDATIONS  REGARD-
 ING  APPROPRIATE  REFORMS  OR  POLICY  CHANGES NECESSARY AND IN THE BEST
 INTEREST OF THE PUBLIC AND CONSIDERING THE FOLLOWING FACTORS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15775-01-8

 S. 8474                             2
 
   (A) CURRENT SCIENTIFIC OR MEDICAL RESEARCH DIRECTLY EXAMINING  OFFICE-
 BASED SURGERY AND PATIENT OUTCOMES;
   (B) TRENDS IN ACCESS TO OUT-PATIENT SURGICAL CARE;
   (C) TRENDS IN REIMBURSEMENT RATES FOR OUT-PATIENT SURGICAL CARE ACROSS
 ALL SETTINGS AND THE ACTUAL COSTS OF OUT-PATIENT SURGICAL CARE;
   (D) REGIONAL DIFFERENCES REGARDING ACCESS AND COSTS;
   (E)  THE IMPACT RATES OF REIMBURSEMENT ACROSS SETTINGS HAVE ON CONSUM-
 ERS WHO ACCESS OUT-PATIENT SURGERY SERVICES;
   (F) THE IMPACT RATES OF REIMBURSEMENT ACROSS SETTINGS HAVE  ON  HEALTH
 PLAN PREMIUM COSTS;
   (G)  PATIENT CLAIMS DATA FROM ALL HEALTH PLANS BOTH PUBLIC AND PRIVATE
 AS WELL AS CHARGE DATA FROM MEDICAL PROFESSIONALS AND  HOSPITALS  AVAIL-
 ABLE  THROUGH  THE  ALL  PAYER DATABASE AND OFFICE-BASED SURGERY RELATED
 DATA REQUIRED PURSUANT TO SECTION TWO HUNDRED THREE-D OF THIS TITLE; AND
   (H) OTHER ISSUES DEEMED APPROPRIATE BY MEMBERS OF  THE  WORKGROUP  AND
 EITHER THE SUPERINTENDENT OF FINANCIAL SERVICES OR THE COMMISSIONER.
   3.  THE WORKGROUP SHALL REVIEW THE AVAILABILITY OF OUT-PATIENT SURGERY
 SERVICES IN TERMS OF PATIENT ACCESS AND COST BY REGION OF THE STATE  AND
 MAKE RECOMMENDATIONS TAKING INTO CONSIDERATION THE FOLLOWING FACTORS:
   (A)  THE  EXTENT  TO  WHICH  OFFICE-BASED SURGERY IS AVAILABLE IN EACH
 REGION IN THIS STATE;
   (B) THE EXTENT TO WHICH AND DIVERSITY OF SPECIALTIES  IN  OFFICE-BASED
 SURGERY  IS  AVAILABLE IN EVERY REGION IN THIS STATE, INCLUDING THE MOST
 COMMON SPECIALTIES AND SUBSPECIALTY SERVICES; AND
   (C) OTHER ISSUES DEEMED APPROPRIATE BY THE MEMBERS  OF  THE  WORKGROUP
 AND EITHER THE SUPERINTENDENT OF FINANCIAL SERVICES OR THE COMMISSIONER.
   4.  THE  WORKGROUP  SHALL REPORT ITS FINDINGS AND MAKE RECOMMENDATIONS
 FOR LEGISLATION AND REGULATIONS TO THE  GOVERNOR,  THE  SPEAKER  OF  THE
 ASSEMBLY,  THE  SENATE  MAJORITY LEADER, THE CHAIRS OF THE INSURANCE AND
 HEALTH COMMITTEES IN BOTH THE ASSEMBLY AND THE SENATE,  AND  THE  SUPER-
 INTENDENT  OF FINANCIAL SERVICES NO LATER THAN APRIL FIRST, TWO THOUSAND
 NINETEEN.
   § 2. This act shall take effect immediately.