The New York State Senate

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

                                   470

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by  Sen.  RIVERA -- 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  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05008-01-9

S. 470                              2

  §  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:
  (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.
  § 3. This act shall take effect April 1, 2020.