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.