NY State Senate Bill S7137

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
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Actions

view actions (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 17, 2022	referred to health delivered to assembly passed senate
May 05, 2022	advanced to third reading
May 04, 2022	2nd report cal.
May 03, 2022	1st report cal.987
Jan 05, 2022	referred to health returned to senate died in assembly
Jun 10, 2021	referred to health delivered to assembly passed senate ordered to third reading cal.1733
Jun 02, 2021	referred to rules

Votes

Co-Sponsors

S7137 (ACTIVE) - Details

See Assembly Version of this Bill:: A8080
Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Amd §2801-a, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:: S149, A2147

S7137 (ACTIVE) - Summary

Includes ambulatory surgery centers established exclusively to create and maintain vascular access necessary to dialyze patients with end stage renal disease as part of diagnostic or treatment centers to provide end stage renal disease services.

S7137 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S7137

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to amend the public health law, in relation to the provision of
end stage renal disease services

 
PURPOSE:

To clarify that diagnostic and treatment centers established exclusively
to provide end stage renal disease services subject to Public Health Law
§ 2801-a (15)(a) includes ambulatory surgery centers established exclu-
sively to create and maintain vascular access necessary to dialyze
patients with end stage renal disease.

 
SUMMARY OF PROVISIONS:

Section one amends paragraph (a) of subdivision 15 of section 2801-a of
the public health law to add language that diagnostic and treatment
centers established exclusively to provide end stage renal disease

services includes ambulatory surgery centers established exclusively to
create and maintain vascular access necessary to dialyze patients with
end stage renal disease.

Section two sets the effective date.

 
EXISTING LAW:

 
JUSTIFICATION:

Paragraph (a) of subdivision 15 of section 2801-a of the public health
law authorizes diagnostic and treatment centers established exclusively
to provide end stage renal disease services to be operated by corpo-
rations and limited liability companies whose stockholders and members
are not natural persons. Inasmuch as life-sustaining hemodialysis treat-
ment necessarily depends upon the creation and maintenance of access to
the patient's blood stream, end stage renal disease services necessarily
includes the creation and maintenance of vascular access for end stage
renal disease patients.

This bill will make clear that a diagnostic and treatment center estab-
lished exclusively to provide end stage renal disease services includes
an ambulatory surgery center established exclusively to create and main-
tain vascular access for end stage renal disease patients receiving
hemodialysis.

Clarification that dialysis corporations are authorized to establish
single-specialty ambulatory surgery centers established exclusively to
create and maintain vascular access for hemodialysis patients will
facilitate the integration of dialysis treatment and dialysis vascular
access. A vascular access integration model has been proven to (1)
decrease catheter exposure time consistent with the Centers For Medicare
and Medicaid Services (CMS) quality and cost containment goals, (2)
increase the use of arteriovenous fistulas ("AVFs") as the preferred
method of vascular access for hemodialysis consistent with CMS's Fistula
First Initiative, with a concomitant decrease in costs and vascular
complication rates, (3) decrease mortality rates, (4) decrease the
number of missed dialysis treatments due to access compromise, (5) lower
hospital admission rates and inpatient days consistent with DSRIP goals,
and (6) decrease overall costs per ESRD patient.

Moreover, this Bill is consistent with CMS' ongoing efforts to reduce
the cost, and manage the care of, ESRD patients as reflected in its
Comprehensive ESRD Care ("CEC") Model and corresponding ESRD Seamless
Care Organizations ("ESCOs") designed to coordinate all care for ESRD
beneficiaries.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
Immediately.

S7137 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7137
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 2, 2021
                                ___________
 
 Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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

 S. 7137                             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.

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The New York State Senate

senate Bill S7137

Sponsored By

Archive: Last Bill Status - Passed Senate

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Votes

May 17, 2022 - floor Vote

Floor Vote: May 17, 2022

May 3, 2022 - Health committee Vote

Health Committee Vote: May 3, 2022

Jun 10, 2021 - floor Vote

Floor Vote: Jun 10, 2021

Jun 10, 2021 - Rules committee Vote

Rules Committee Vote: Jun 10, 2021

Co-Sponsors

S7137 (ACTIVE) - Details

S7137 (ACTIVE) - Summary

S7137 (ACTIVE) - Sponsor Memo

S7137 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S7137

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Sponsored By

Michael Gianaris

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

May 17, 2022 - floor Vote

Floor Vote: May 17, 2022

May 3, 2022 - Health committee Vote

Health Committee Vote: May 3, 2022

Jun 10, 2021 - floor Vote

Floor Vote: Jun 10, 2021

Jun 10, 2021 - Rules committee Vote

Rules Committee Vote: Jun 10, 2021

Co-Sponsors

Alessandra Biaggi

S7137 (ACTIVE) - Details

S7137 (ACTIVE) - Summary

S7137 (ACTIVE) - Sponsor Memo

S7137 (ACTIVE) - Bill Text download pdf

Comments