The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2661
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the public health law, in relation to  establishing  the
   "Sickle Cell Treatment Act"; and making an appropriation therefor
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be  cited  as  the  "Sickle
 Cell Treatment Act".
   §  2. The public health law is amended by adding a new section 2807-aa
 to read as follows:
   § 2807-AA. SICKLE CELL CENTERS FOR EXCELLENCE AND OUTPATIENT TREATMENT
 CENTERS. 1. CENTERS FOR SICKLE CELL CARE  EXCELLENCE.  THE  COMMISSIONER
 SHALL  DESIGNATE  FIVE GENERAL HOSPITALS OR HOSPICES UNDER ARTICLE FORTY
 OF THIS CHAPTER, UPON SUCCESSFUL APPLICATION, AS CENTERS FOR SICKLE CELL
 CARE EXCELLENCE. THE DESIGNATIONS SHALL BE MADE THROUGH  AN  APPLICATION
 DESIGNED  BY  THE  DEPARTMENT,  AND BASED ON SERVICE, STAFFING AND OTHER
 CRITERIA AS DEVELOPED BY THE COMMISSIONER.  THE  CENTERS  OF  EXCELLENCE
 SHALL  PROVIDE  SPECIALIZED SICKLE CELL DISEASE CARE, TREATMENT, PALLIA-
 TIVE CARE, EDUCATION AND RELATED SERVICES AND SHALL CONDUCT  SPECIALIZED
 RESEARCH INTO THE CARE, TREATMENT AND MANAGEMENT OF SICKLE CELL DISEASE.
 DESIGNATION  AS A CENTER FOR SICKLE CELL CARE EXCELLENCE SHALL NOT ENTI-
 TLE A CENTER TO ENHANCED REIMBURSEMENT, BUT MAY BE UTILIZED IN  OUTREACH
 AND  OTHER  PROMOTIONAL  ACTIVITIES.  EACH  CENTER  FOR SICKLE CELL CARE
 EXCELLENCE SHALL AFFILIATE AND COOPERATE WITH MAJOR  CENTERS  OF  HIGHER
 LEARNING,  INCLUDING  MEDICAL COLLEGES, AND LIFE SCIENCE RESEARCH INSTI-
 TUTES IN THE STATE.  THE STATE UNIVERSITY SHALL ENTER  INTO  APPROPRIATE
 LEGAL AGREEMENTS TO ENABLE THIS COOPERATION. EACH CENTER FOR SICKLE CELL
 CARE EXCELLENCE SHALL RECEIVE TWO HUNDRED THOUSAND DOLLARS PER YEAR FROM
 THE  DEPARTMENT,  FROM AMOUNTS APPROPRIATED FOR THAT PURPOSE, TO BE USED
 ON SICKLE CELL DISEASE RESEARCH.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05963-01-3
 A. 2661                             2

 
   2. OUTPATIENT TREATMENT CENTERS. THE COMMISSIONER SHALL DESIGNATE  TEN
 HOSPITALS,  DISTRIBUTED  BASED ON SICKLE CELL PATIENT POPULATION CONCEN-
 TRATIONS, AS  SICKLE  CELL  OUTPATIENT  TREATMENT  CENTERS  WHICH  SHALL
 PROVIDE  PATIENTS  TREATMENT  FOR  SICKLE CELL DISEASE AS AN OUTPATIENT.
 EACH  SICKLE  CELL OUTPATIENT TREATMENT CENTER SHALL RECEIVE ONE HUNDRED
 THOUSAND DOLLARS PER YEAR FROM THE DEPARTMENT, FROM AMOUNTS APPROPRIATED
 FOR THAT PURPOSE, TO BE USED TO ENSURE THE PROPER MANAGEMENT AND  EQUIP-
 PING OF THE CENTERS TO CARE FOR SICKLE CELL PATIENTS.
   §  3. Subdivision 8 of section 3331 of the public health law, as added
 by section 7-a of part D of chapter 57 of the laws of 2018,  is  amended
 to read as follows:
   8.  No  opioids  shall  be prescribed to a patient initiating or being
 maintained on opioid treatment for pain which has lasted more than three
 months or past the time of normal tissue  healing,  unless  the  medical
 record contains a written treatment plan that follows generally accepted
 national  professional  or  governmental guidelines. The requirements of
 this paragraph shall not apply in the case of  patients  who  are  being
 treated  for cancer OR SICKLE CELL DISEASE that is not in remission, who
 are in hospice or other end-of-life care, or whose pain is being treated
 as part of palliative care practices.
   § 4. This act shall take effect immediately.