S T A T E O F N E W Y O R K
________________________________________________________________________
1046
2019-2020 Regular Sessions
I N A S S E M B L Y
January 14, 2019
___________
Introduced by M. of A. PAULIN, GOTTFRIED, BENEDETTO, RODRIGUEZ, STIRPE,
QUART, CRESPO, CROUCH, SIMON, PICHARDO, ARROYO, COOK, DINOWITZ, PRET-
LOW, RAMOS, LAVINE, SIMOTAS, SEAWRIGHT, HEVESI, ENGLEBRIGHT, BARRETT,
MAGNARELLI, BICHOTTE, BLAKE, TITUS, RICHARDSON, JEAN-PIERRE, D'URSO --
Multi-Sponsored by -- M. of A. LUPARDO, McDONOUGH, PERRY, WRIGHT --
read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to retail clinics and
limited services clinics
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. RETAIL CLINICS. 1. AS USED IN THIS SECTION, "RETAIL CLINIC"
MEANS A FACILITY OR PORTION OF A FACILITY THAT IS OPERATED BY ANY ENTITY
THAT IS AUTHORIZED UNDER THE LAWS OF THIS STATE TO PROVIDE PROFESSIONAL
SERVICES TO THE PUBLIC AND THAT PROVIDES HEALTH CARE SERVICES OR TREAT-
MENT PROVIDED BY A HEALTH CARE PRACTITIONER LICENSED, CERTIFIED, REGIS-
TERED OR AUTHORIZED TO PRACTICE UNDER TITLE EIGHT OF THE EDUCATION LAW,
ACTING WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE, THAT: (A) OPERATES
WITHIN THE SPACE OF A RETAIL BUSINESS OPERATION, SUCH AS A PHARMACY OR A
STORE OPEN TO THE GENERAL PUBLIC; (B) IS LABELED, BRANDED, ADVERTISED OR
MARKETED WITH THE NAME OR SYMBOL OF A RETAIL BUSINESS ENTITY; OR (C) IS
LABELED, BRANDED, ADVERTISED OR MARKETED WITH THE NAME OR SYMBOL OF A
BUSINESS ENTITY, OTHER THAN A BUSINESS ENTITY THAT PROVIDES HEALTH CARE
SERVICES OR TREATMENT PROVIDED AT THE FACILITY. HOWEVER, A FACILITY OR
PORTION OF A FACILITY SHALL NOT BE DEEMED TO BE A RETAIL CLINIC IF IT
ORDINARILY IS USED ONLY FOR PROVIDING HEALTH CARE SERVICES TO EMPLOYEES
OF THE RETAIL BUSINESS OPERATION. A FACILITY SHALL NOT BE DEEMED TO BE
A RETAIL CLINIC IF THE HEALTH CARE SERVICE UNDER TITLE EIGHT OF THE
EDUCATION LAW IT PROVIDES IS LIMITED TO PHARMACY OR OPHTHALMIC DISPENS-
ING AND OPHTHALMOLOGIC OR OPTOMETRIC SERVICES PROVIDED IN CONNECTION
WITH OPHTHALMIC DISPENSING.
2. THE TREATMENTS AND SERVICES THAT MAY BE PROVIDED BY A RETAIL CLINIC
SHALL BE LIMITED TO THE PROVISION OF TREATMENT AND SERVICES TO PATIENTS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00610-01-9
A. 1046 2
FOR ACUTE EPISODIC ILLNESS OR CONDITION; EPISODIC PREVENTIVE TREATMENT
AND SERVICES SUCH AS IMMUNIZATIONS; OPHTHALMIC DISPENSING AND OPHTHALMO-
LOGIC OR OPTOMETRIC SERVICES PROVIDED IN CONNECTION WITH OPHTHALMIC
DISPENSING; OR TREATMENT AND SERVICES FOR MINOR INJURIES THAT ARE NOT
REASONABLY LIKELY TO BE LIFE-THREATENING OR POTENTIALLY DISABLING OR
HAVE COMPLICATIONS IF AMBULATORY CARE WITHIN THE CAPACITY OF THE RETAIL
CLINIC IS PROVIDED; BUT THE TREATMENTS AND SERVICES PROVIDED BY A RETAIL
CLINIC SHALL NOT INCLUDE MONITORING OR TREATMENT AND SERVICES OVER
MULTIPLE VISITS OVER PROLONGED PERIODS.
3. A RETAIL CLINIC SHALL BE DEEMED TO BE A "HEALTH CARE PROVIDER" FOR
THE PURPOSES OF TITLE TWO-D OF THIS ARTICLE. A PRESCRIBER PRACTICING IN
A RETAIL 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.
4. (A) THE COMMISSIONER SHALL MAKE REGULATIONS SETTING FORTH OPERA-
TIONAL AND PHYSICAL PLANT STANDARDS FOR RETAIL CLINICS, WHICH MAY BE
DIFFERENT FROM THE REGULATIONS OTHERWISE APPLICABLE TO DIAGNOSTIC AND
TREATMENT CENTERS, INCLUDING, BUT NOT LIMITED TO:
(I) REQUIRING THAT RETAIL CLINICS ATTAIN AND MAINTAIN ACCREDITATION BY
AN APPROPRIATE ACCREDITING ENTITY APPROVED BY THE COMMISSIONER AND
REQUIRING TIMELY REPORTING TO THE DEPARTMENT IF A RETAIL CLINIC LOSES
ITS ACCREDITATION;
(II) DESIGNATING OR LIMITING THE TREATMENTS AND SERVICES THAT MAY BE
PROVIDED, INCLUDING LIMITING THE SCOPE OF SERVICES TO THE FOLLOWING,
PROVIDED THAT SUCH SERVICES SHALL NOT INCLUDE MONITORING OR TREATMENT
AND SERVICES OVER MULTIPLE VISITS OR PROLONGED PERIODS:
(A) THE PROVISION OF TREATMENT AND SERVICES TO PATIENTS FOR MINOR
ACUTE EPISODIC ILLNESSES OR CONDITIONS;
(B) EPISODIC PREVENTION AND WELLNESS TREATMENTS AND SERVICES SUCH AS
IMMUNIZATIONS;
(C) OPHTHALMIC DISPENSING AND OPHTHALMOLOGIC OR OPTOMETRIC SERVICES
PROVIDED IN CONNECTION WITH OPHTHALMIC DISPENSING;
(D) TREATMENT AND SERVICES FOR MINOR INJURIES THAT ARE NOT REASONABLY
LIKELY TO BE LIFE THREATENING OR POTENTIALLY DISABLING OR HAVE COMPLI-
CATIONS IF AMBULATORY CARE WITHIN THE CAPACITY OF THE RETAIL CLINIC IS
PROVIDED;
(E) PROHIBITING THE PROVISION OF SERVICES TO PATIENTS TWENTY-FOUR
MONTHS OF AGE OR YOUNGER;
(III) REQUIRING RETAIL CLINICS TO ACCEPT WALK-INS AND OFFER EXTENDED
BUSINESS HOURS;
(IV) SETTING FORTH GUIDELINES FOR ADVERTISING AND SIGNAGE, WHICH SHALL
INCLUDE SIGNAGE INDICATING THAT PRESCRIPTIONS AND OVER-THE-COUNTER
SUPPLIES MAY BE PURCHASED BY A PATIENT FROM ANY BUSINESS AND DO NOT NEED
TO BE PURCHASED ON-SITE;
(V) SETTING FORTH GUIDELINES FOR 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.
(B) SUCH REGULATIONS ALSO SHALL PROMOTE AND STRENGTHEN PRIMARY CARE BY
REQUIRING RETAIL CLINICS TO:
(I) INQUIRE OF EACH PATIENT WHETHER HE OR SHE HAS A PRIMARY CARE
PROVIDER;
(II) MAINTAIN AND REGULARLY UPDATE A LIST OF LOCAL PRIMARY CARE
PROVIDERS AND PROVIDE SUCH LIST TO EACH PATIENT WHO INDICATES THAT HE OR
SHE DOES NOT HAVE A PRIMARY CARE PROVIDER. SUCH ROSTER (A) SHALL BE
DRAWN FROM A LIST OF PRIMARY CARE PROVIDERS MAINTAINED AND PERIODICALLY
A. 1046 3
UPDATED BY THE DEPARTMENT ON ITS WEBSITE (IN SEARCHABLE FORM) INCLUDING
THE INFORMATION REQUIRED IN CLAUSES (B) AND (C) OF THIS SUBPARAGRAPH,
LOCATED IN THE ZIP CODE AREA AND ADJACENT ZIP CODE AREAS OF THE RETAIL
CLINIC, AND MAY INCLUDE ADDITIONAL PRIMARY CARE PROVIDERS ADDED BY THE
RETAIL CLINIC; (B) SHALL IDENTIFY PREFERRED PROVIDERS WHO HAVE ACHIEVED
RECOGNITION AS A PATIENT CENTERED MEDICAL HOME (PCMH) OR OTHER SIMILAR
DESIGNATION AND A DESCRIPTION OF WHAT SUCH DESIGNATION MEANS; AND (C)
SHALL INCLUDE FEDERALLY QUALIFIED HEALTH CENTERS AND OTHER PROVIDERS WHO
SERVE MEDICAID, LOW-INCOME AND UNINSURED PATIENTS, AND PEOPLE WITH DISA-
BILITIES AND SHALL IDENTIFY CULTURAL AND LINGUISTIC CAPABILITIES WHEN
AVAILABLE;
(III) REFER PATIENTS TO THEIR PRIMARY CARE PROVIDERS OR OTHER HEALTH
CARE PROVIDERS WHERE APPROPRIATE;
(IV) TRANSMIT BY ELECTRONIC MEANS WHENEVER POSSIBLE, RECORDS OF
SERVICES TO PATIENTS' PRIMARY CARE PROVIDERS;
(V) DECLINE TO TREAT ANY PATIENT FOR THE SAME CONDITION OR ILLNESS
MORE THAN THREE TIMES IN A YEAR; AND
(VI) REPORT TO THE DEPARTMENT RELEVANT DATA, AS MAY BE DEEMED NECES-
SARY BY THE DEPARTMENT, RELATED TO SERVICES PROVIDED AND PATIENTS
SERVED, PROVIDED THAT SUCH REPORTING SHALL COMPLY WITH ALL PRIVACY LAWS
RELATED TO PATIENT DATA.
(C) RETAIL CLINICS ALREADY IN OPERATION AT THE TIME THIS SECTION TAKES
EFFECT MUST COMPLY WITH ACCREDITATION REQUIREMENTS UNDER THIS SUBDIVI-
SION WITHIN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION.
(D) THE DEPARTMENT SHALL ROUTINELY REVIEW THE COMPLIANCE BY RETAIL
CLINICS WITH THE PROVISIONS OF THIS SECTION AND IF A RETAIL CLINIC FAILS
TO COMPLY WITH THE PROVISIONS OF THIS SECTION, OR REGULATIONS ADOPTED
PURSUANT TO THIS SECTION, THE DEPARTMENT SHALL HAVE THE AUTHORITY TO
TAKE ENFORCEMENT ACTIONS UNDER TITLE TWO OF ARTICLE ONE OF THIS CHAPTER.
(E) IN MAKING REGULATIONS UNDER THIS SECTION, THE COMMISSIONER MAY
CONSULT WITH A WORKGROUP INCLUDING, BUT NOT LIMITED TO, REPRESENTATIVES
OF HEALTH CARE CONSUMERS AND REPRESENTATIVES OF PROFESSIONAL SOCIETIES
OF APPROPRIATE HEALTH CARE PROFESSIONALS, INCLUDING THOSE IN PRIMARY
CARE AND OTHER SPECIALTIES.
5. A RETAIL CLINIC SHALL PROVIDE TREATMENT WITHOUT DISCRIMINATION AS
TO SOURCE OF PAYMENT.
6. THE DEPARTMENT SHALL PROVIDE AN ANNUAL REPORT WHICH IT SHALL MAKE
AVAILABLE ON ITS WEBSITE; THE REPORT SHALL INCLUDE LOCATIONS OF RETAIL
CLINICS IN THE STATE AND SHALL INDICATE WHICH CLINICS ARE LOCATED IN
MEDICALLY UNDERSERVED AREAS; SUCH REPORT SHALL ALSO INCLUDE AN ANALYSIS
AS TO WHETHER RETAIL CLINICS HAVE IMPROVED ACCESS TO HEALTH CARE IN
UNDERSERVED AREAS, RECOMMENDATIONS RELATED THERETO AND ANY OTHER INFOR-
MATION THE DEPARTMENT MAY DEEM NECESSARY.
7. THIS SECTION DOES NOT AUTHORIZE ANY FORM OF OWNERSHIP OR ORGANIZA-
TION OF A RETAIL CLINIC OR PRACTICE OF ANY PROFESSION THAT WOULD NOT
OTHERWISE BE LEGAL, AND DOES NOT EXPAND THE SCOPE OF PRACTICE OF ANY
HEALTH CARE PRACTITIONER. WHERE ANY REGULATION UNDER THIS SECTION WOULD
AFFECT THE SCOPE OF PRACTICE THAT MAY BE PROVIDED IN A RETAIL CLINIC A
HEALTH CARE PRACTITIONER LICENSED, REGISTERED, CERTIFIED OR AUTHORIZED
TO PRACTICE UNDER TITLE EIGHT OF THE EDUCATION LAW, THE REGULATION SHALL
BE MADE IN CONSULTATION WITH THE COMMISSIONER OF EDUCATION.
8. THE HOST BUSINESS ENTITY OF A RETAIL CLINIC SHALL NOT, DIRECTLY OR
INDIRECTLY, BY CONTRACT, POLICY, COMMUNICATION, INCENTIVE OR OTHERWISE,
INFLUENCE OR SEEK TO INFLUENCE ANY CLINICAL DECISION, POLICY OR PRACTICE
OF ANY HEALTH CARE PRACTITIONER PROVIDING ANY HEALTH CARE SERVICE IN THE
RETAIL CLINIC, INCLUDING PRESCRIBING OR RECOMMENDING DRUGS, DEVICES OR
A. 1046 4
SUPPLIES. THIS SUBDIVISION SHALL NOT PRECLUDE THE HOST BUSINESS ENTITY
FROM ESTABLISHING, CONSISTENT WITH THIS SECTION AND APPLICABLE LAW,
LIMITATIONS ON OR REQUIREMENTS AS TO THE SCOPE OF HEALTH CARE SERVICES
TO BE PROVIDED IN THE RETAIL CLINIC OR ACTIVITIES TO ASSURE MAINTAINING
QUALITY STANDARDS OF HEALTH CARE SERVICES. AS USED IN THIS SECTION,
"HOST BUSINESS ENTITY" MEANS ANY RETAIL BUSINESS ORGANIZATION, RETAIL
BUSINESS ENTITY OR BUSINESS ENTITY WITHIN WHOSE SPACE THE RETAIL CLINIC
IS LOCATED OR WITH WHOSE NAME OR SYMBOL THE RETAIL CLINIC IS LABELED,
BRANDED, ADVERTISED OR MARKETED.
§ 2. Section 2801-a of the public health law is amended by adding a
new subdivision 17 to read as follows:
17. (A) A DIAGNOSTIC OR TREATMENT CENTER THAT IS A RETAIL CLINIC UNDER
SECTION TWO HUNDRED THIRTY-E OF THIS CHAPTER, WHERE THE RETAIL BUSINESS
ORGANIZATION, RETAIL BUSINESS ENTITY OR BUSINESS ENTITY WITHIN WHOSE
SPACE THE RETAIL CLINIC IS LOCATED IS A PHARMACY REGISTERED UNDER ARTI-
CLE ONE HUNDRED THIRTY-SEVEN OF THE EDUCATION LAW, OR ESTABLISHED WITHIN
SPACE USED BY AN EMPLOYER FOR PROVIDING HEALTH CARE SERVICES TO ITS
EMPLOYEES, MAY BE OWNED OR OPERATED BY A LEGAL ENTITY FORMED UNDER THE
LAWS OF NEW YORK:
(I) THAT IS, OR IS OWNED AND CONTROLLED BY, THE APPLICABLE BUSINESS
ENTITY UNDER PARAGRAPH (A), (B) OR (C) OF SUBDIVISION ONE OF SECTION TWO
HUNDRED THIRTY-E OF THIS CHAPTER OR, IN THE CASE OF A LIMITED SERVICES
CLINIC PROVIDING HEALTH CARE SERVICES TO AN EMPLOYER'S EMPLOYEES, THE
EMPLOYER TO WHOSE EMPLOYEES IT PROVIDES HEALTH CARE SERVICES;
(II) WHOSE STOCKHOLDERS OR MEMBERS, AS APPLICABLE, MAY INCLUDE OTHER
THAN NATURAL PERSONS;
(III) WHOSE PRINCIPAL STOCKHOLDERS AND MEMBERS, AS APPLICABLE, AND
CONTROLLING PERSONS COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THIS
SECTION; AND
(IV) THAT DEMONSTRATES, TO THE SATISFACTION OF THE PUBLIC HEALTH AND
HEALTH PLANNING COUNCIL, SUFFICIENT EXPERIENCE AND EXPERTISE IN DELIVER-
ING HIGH QUALITY HEALTH CARE SERVICES, AND A COMMITMENT TO OPERATE
LIMITED SERVICES CLINICS IN MEDICALLY UNDERSERVED AREAS OF THE STATE.
(B) A DIAGNOSTIC AND TREATMENT CENTER UNDER THIS SUBDIVISION SHALL BE
REFERRED TO IN THIS SUBDIVISION AS A "LIMITED SERVICES CLINIC".
(C) FOR PURPOSES OF THIS SUBDIVISION, THE PUBLIC HEALTH AND HEALTH
PLANNING COUNCIL SHALL ADOPT AND AMEND RULES AND REGULATIONS, NOTWITH-
STANDING ANY INCONSISTENT PROVISION OF THIS SECTION, TO ADDRESS ANY
MATTER IT DEEMS PERTINENT TO THE ESTABLISHMENT OF LIMITED SERVICES CLIN-
ICS; 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;
(II) PROVIDING FOR PUBLIC HEALTH AND HEALTH PLANNING COUNCIL APPROVAL
OF ANY CHANGE IN CONTROLLING INTERESTS, PRINCIPAL STOCKHOLDERS, CONTROL-
LING PERSONS, PARENT COMPANY OR SPONSORS;
(III) OVERSIGHT OF THE OPERATOR AND ITS SHAREHOLDERS OR MEMBERS, AS
APPLICABLE, INCLUDING LOCAL GOVERNANCE OF THE LIMITED SERVICES CLINICS;
(IV) 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 SPON-
SORS; AND
(V) IN DETERMINING WHETHER TO APPROVE ADDITIONAL LIMITED SERVICES
CLINIC LOCATIONS FOR THE OPERATOR, THE DEPARTMENT SHALL CONSIDER WHETHER
A. 1046 5
THE OPERATOR HAS FULFILLED ITS COMMITMENT TO OPERATE LIMITED SERVICES
CLINICS IN MEDICALLY UNDERSERVED AREAS OF THE STATE.
(D) THE FOLLOWING PROVISIONS OF THIS SECTION SHALL NOT APPLY TO LIMIT-
ED SERVICES CLINICS:
(I) PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION;
(II) PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION, RELATING TO
STOCKHOLDERS AND MEMBERS OTHER THAN PRINCIPAL STOCKHOLDERS AND PRINCIPAL
MEMBERS;
(III) PARAGRAPH (C) OF SUBDIVISION FOUR OF THIS SECTION, RELATING TO
THE DISPOSITION OF STOCK OR VOTING RIGHTS; AND
(IV) PARAGRAPH (E) OF SUBDIVISION FOUR OF THIS SECTION, RELATING TO
THE OWNERSHIP OF STOCK OR MEMBERSHIP.
(E) 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.
(F) 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:
(I) REQUIRING THAT LIMITED SERVICES CLINICS ATTAIN AND MAINTAIN
ACCREDITATION BY AN APPROPRIATE ACCREDITING ENTITY APPROVED BY THE
COMMISSIONER AND REQUIRING TIMELY REPORTING TO THE DEPARTMENT IF A
LIMITED SERVICES CLINIC LOSES ITS ACCREDITATION;
(II) DESIGNATING OR LIMITING THE TREATMENTS AND SERVICES THAT MAY BE
PROVIDED, INCLUDING LIMITING THE SCOPE OF SERVICES TO THE FOLLOWING,
PROVIDED THAT SUCH SERVICES SHALL NOT INCLUDE MONITORING OR TREATMENT
AND SERVICES OVER MULTIPLE VISITS OR PROLONGED PERIODS:
(A) THE PROVISION OF TREATMENT AND SERVICES TO PATIENTS FOR MINOR
ACUTE EPISODIC ILLNESSES OR CONDITIONS;
(B) EPISODIC PREVENTION AND WELLNESS TREATMENTS AND SERVICES SUCH AS
IMMUNIZATIONS;
(C) OPHTHALMIC DISPENSING AND OPHTHALMOLOGIC OR OPTOMETRIC SERVICES
PROVIDED IN CONNECTION WITH OPHTHALMIC DISPENSING;
(D) TREATMENT AND SERVICES FOR MINOR INJURIES THAT ARE NOT REASONABLY
LIKELY TO BE LIFE THREATENING OR POTENTIALLY DISABLING OR HAVE COMPLI-
CATIONS IF AMBULATORY CARE WITHIN THE CAPACITY OF THE RETAIL CLINIC IS
PROVIDED;
(E) PROHIBITING THE PROVISION OF SERVICES TO PATIENTS TWENTY-FOUR
MONTHS OF AGE OR YOUNGER;
(III) REQUIRING LIMITED SERVICES CLINICS TO ACCEPT WALK-INS AND OFFER
EXTENDED BUSINESS HOURS;
(IV) GUIDELINES FOR ADVERTISING AND SIGNAGE, DISCLOSURE 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 EQUIP-
MENT; SIGNAGE SHALL ALSO BE REQUIRED TO INDICATE THAT PRESCRIPTIONS AND
OVER-THE-COUNTER SUPPLIES MAY BE PURCHASED BY A PATIENT FROM ANY BUSI-
NESS AND DO NOT NEED TO BE PURCHASED ON-SITE; AND
(V) WHERE A LIMITED SERVICES CLINIC IS A RETAIL CLINIC, NOT TREATING
ANY PATIENT FOR THE SAME CONDITION OR ILLNESS MORE THAN THREE TIMES IN A
YEAR.
(G) SUCH REGULATIONS ALSO SHALL PROMOTE AND STRENGTHEN PRIMARY CARE BY
REQUIRING LIMITED SERVICES CLINICS TO:
A. 1046 6
(I) INQUIRE OF EACH PATIENT WHETHER HE OR SHE HAS A PRIMARY CARE
PROVIDER;
(II) MAINTAIN AND REGULARLY UPDATE A LIST OF LOCAL PRIMARY CARE
PROVIDERS AND PROVIDE SUCH LIST TO EACH PATIENT WHO INDICATES THAT HE OR
SHE DOES NOT HAVE A PRIMARY CARE PROVIDER. SUCH ROSTER (A) SHALL BE
DRAWN FROM A LIST OF PRIMARY CARE PROVIDERS MAINTAINED AND PERIODICALLY
UPDATED BY THE DEPARTMENT ON ITS WEBSITE (IN SEARCHABLE FORM) INCLUDING
THE INFORMATION REQUIRED IN CLAUSES (B) AND (C) OF THIS SUBPARAGRAPH,
LOCATED IN THE ZIP CODE AREA AND ADJACENT ZIP CODE AREAS OF THE RETAIL
CLINIC, AND MAY INCLUDE ADDITIONAL PRIMARY CARE PROVIDERS ADDED BY THE
RETAIL CLINIC; (B) SHALL IDENTIFY PREFERRED PROVIDERS WHO HAVE ACHIEVED
RECOGNITION AS A PATIENT CENTERED MEDICAL HOME (PCMH) OR OTHER SIMILAR
DESIGNATION AND A DESCRIPTION OF WHAT SUCH DESIGNATION MEANS; AND (C)
SHALL INCLUDE FEDERALLY QUALIFIED HEALTH CENTERS AND OTHER PROVIDERS WHO
SERVE MEDICAID, LOW-INCOME AND UNINSURED PATIENTS, AND PEOPLE WITH DISA-
BILITIES AND SHALL IDENTIFY CULTURAL AND LINGUISTIC CAPABILITIES WHEN
AVAILABLE;
(III) REFER PATIENTS TO THEIR PRIMARY CARE PROVIDERS OR OTHER HEALTH
CARE PROVIDERS WHERE APPROPRIATE;
(IV) TRANSMIT BY ELECTRONIC MEANS WHENEVER POSSIBLE, RECORDS OF
SERVICES TO PATIENTS' PRIMARY CARE PROVIDERS;
(V) IN THE CASE OF A LIMITED SERVICES CLINIC THAT IS A RETAIL CLINIC,
DECLINE TO TREAT ANY PATIENT FOR THE SAME CONDITION OR ILLNESS MORE THAN
THREE TIMES IN A YEAR; AND
(VI) REPORT TO THE DEPARTMENT RELEVANT DATA, AS MAY BE DEEMED NECES-
SARY BY THE DEPARTMENT, RELATED TO SERVICES PROVIDED AND PATIENTS
SERVED, PROVIDED THAT SUCH REPORTING SHALL COMPLY WITH ALL PRIVACY LAWS
RELATED TO PATIENT DATA.
(H) EACH LIMITED SERVICES CLINIC SHALL USE ITS BEST EFFORTS TO EXECUTE
PARTICIPATION AGREEMENTS WITH HEALTH INFORMATION ORGANIZATIONS, ALSO
KNOWN AS QUALIFIED ENTITIES, PURSUANT TO WHICH THE LIMITED SERVICES
CLINIC AGREES TO PARTICIPATE IN THE STATEWIDE HEALTH INFORMATION NETWORK
OF NEW YORK (SHIN-NY).
(I) A LIMITED SERVICES CLINIC SHALL PROVIDE TREATMENT WITHOUT DISCRIM-
INATION AS TO SOURCE OF PAYMENT.
(J) THE HOST BUSINESS ENTITY OF A LIMITED SERVICES CLINIC SHALL NOT,
DIRECTLY OR INDIRECTLY, BY CONTRACT, POLICY, COMMUNICATION, INCENTIVE OR
OTHERWISE, INFLUENCE OR SEEK TO INFLUENCE ANY CLINICAL DECISION, POLICY
OR PRACTICE OF ANY HEALTH CARE PRACTITIONER PROVIDING ANY HEALTH CARE
SERVICE IN THE RETAIL CLINIC, INCLUDING PRESCRIBING OR RECOMMENDING
DRUGS, DEVICES OR SUPPLIES. THIS SUBDIVISION SHALL NOT PRECLUDE THE HOST
BUSINESS ENTITY FROM ESTABLISHING, CONSISTENT WITH THIS SECTION AND
APPLICABLE LAW, LIMITATIONS ON OR REQUIREMENTS AS TO THE SCOPE OF HEALTH
CARE SERVICES TO BE PROVIDED IN THE RETAIL CLINIC OR ACTIVITIES TO
ASSURE MAINTAINING QUALITY STANDARDS OF HEALTH CARE SERVICES. AS USED IN
THIS SECTION, "HOST BUSINESS ENTITY" MEANS THE RETAIL BUSINESS ORGANIZA-
TION, RETAIL BUSINESS ENTITY OR BUSINESS ENTITY WITHIN WHOSE SPACE THE
LIMITED SERVICES CLINIC IS LOCATED OR THE EMPLOYER FOR WHOSE EMPLOYEES
IT PROVIDES HEALTH CARE SERVICES.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided that effective immediately, the
commissioner of health shall make regulations and take other actions
reasonably necessary to implement the provisions of the public health
law enacted by this act when they take effect.