The New York State Senate

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

                                  4664

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2019
                               ___________

Introduced  by  M.  of  A.  MALLIOTAKIS -- read once and referred to the
  Committee on Health

AN ACT to amend the public health law, in relation to periodic  diagnos-
  tic and treatment center inspection

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

  Section 1. Section 2801 of the public health law is amended by  adding
a new subdivision 12 to read as follows:
  12. "DIAGNOSTIC AND TREATMENT CENTER" MEANS ANY HOSPITAL AS DEFINED BY
SUBDIVISION  ONE OF THIS SECTION OPERATING AS A DIAGNOSTIC AND TREATMENT
CENTER AUTHORIZED TO PROVIDE AMBULATORY SURGICAL SERVICES, INCLUDING BUT
NOT LIMITED TO DIAGNOSTIC AND TREATMENT CENTERS REGULATED BY PART  SEVEN
HUNDRED  FIFTY-FIVE  OR PART SEVEN HUNDRED FIFTY-SIX OF TITLE TEN OF THE
NEW YORK CODE OF RULES AND REGULATIONS.
  § 2. The public health law is amended by adding a new section 2827  to
read as follows:
  §  2827.  POWERS  AND  DUTIES OF THE COMMISSIONER. 1. THE COMMISSIONER
SHALL PROMULGATE RULES AND REGULATIONS TO CARRY OUT  THE  PROVISIONS  OF
THIS  ARTICLE,  INCLUDING,  BUT NOT LIMITED TO, REGULATIONS ESTABLISHING
STANDARDS FOR CLEANLINESS, HYGIENE, AND SAFETY.
  2. THE DEPARTMENT, UNDER THE  DIRECTION  OF  THE  COMMISSIONER,  SHALL
INSPECT  EACH  DIAGNOSTIC AND TREATMENT CENTER NOT LESS THAN EVERY THIR-
TY-NINE MONTHS. THE COMMISSIONER MAY APPOINT AND DESIGNATE, FROM TIME TO
TIME, PERSONS TO MAKE THE INSPECTIONS AUTHORIZED BY THIS ARTICLE.
  3. THE COMMISSIONER SHALL CREATE A  REPORT  EVERY  THIRTY-NINE  MONTHS
INDICATING  THE RESULTS OF ALL INDIVIDUAL INSPECTIONS AND DELIVER A COPY
TO THE ASSEMBLY, THE SENATE, AND THE GOVERNOR.
  4. THE COMMISSIONER MAY BY REGULATION AUTHORIZE ANY COUNTY OR  MUNICI-
PAL DEPARTMENT OF HEALTH TO ADMINISTER THIS SECTION WITHIN ITS JURISDIC-
TION.
  5. PROVISIONS OF THIS SECTION SHALL NOT APPLY TO FACILITIES ACCREDITED
BY THE JOINT COMMISSION ON ACCREDITATION OF HEALTHCARE ORGANIZATIONS.
  § 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08839-01-9