S T A T E O F N E W Y O R K
________________________________________________________________________
8080
2021-2022 Regular Sessions
I N A S S E M B L Y
June 11, 2021
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to the provision of
end stage renal disease services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 15 of section 2801-a of the
public health law, as amended by chapter 492 of the laws of 2011, is
amended to read as follows:
(a) Diagnostic or treatment centers established exclusively to provide
end stage renal disease services, INCLUDING AN AMBULATORY SURGERY CENTER
ESTABLISHED EXCLUSIVELY TO CREATE AND MAINTAIN VASCULAR ACCESS NECESSARY
TO DIALYZE PATIENTS WITH END STAGE RENAL DISEASE, may be operated by
corporations and limited liability companies formed under the laws of
New York whose stockholders or members, as applicable, are not natural
persons if such corporations and limited liability companies and its
principal stockholders and members, as applicable, and controlling
persons comply with all applicable requirements of this section and
demonstrate, to the satisfaction of the public health and health plan-
ning council, sufficient experience and expertise in delivering high
quality end stage renal disease care. For purposes of this subdivision,
the public health and health planning council shall adopt and amend
rules and regulations, notwithstanding any inconsistent provision of
this section, to address any matter it deems pertinent to the establish-
ment and operation of diagnostic or treatment centers pursuant to this
subdivision; 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 corporations and limited liability companies or their stockholders
or members, as applicable, and provide for public health and health
planning council approval of any change in controlling interests, prin-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11761-01-1
A. 8080 2
cipal stockholders, principal members, controlling persons, parent
company or sponsors; (ii) oversight of the operator and its stockholders
or members, as applicable, including local governance of the diagnostic
or treatment centers; and (iii) relating to the character and competence
and qualifications of, and changes relating to, the directors, managers
and officers of the operator and its principal stockholders, principal
members, controlling persons, parent company or sponsors.
§ 2. This act shall take effect immediately.