S T A T E O F N E W Y O R K
________________________________________________________________________
5307
2023-2024 Regular Sessions
I N A S S E M B L Y
March 7, 2023
___________
Introduced by M. of A. DINOWITZ, RAGA -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to creating the
office of healthcare accountability
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 1 of the public health law is amended by adding a
new title 4 to read as follows:
TITLE 4
OFFICE OF HEALTHCARE ACCOUNTABILITY
SECTION 40. OFFICE OF HEALTHCARE ACCOUNTABILITY.
41. DEFINITIONS.
42. POWERS AND DUTIES.
43. REPORTING.
§ 40. OFFICE OF HEALTHCARE ACCOUNTABILITY. THERE IS HEREBY ESTABLISHED
WITHIN THE DEPARTMENT AN OFFICE OF HEALTHCARE ACCOUNTABILITY. SUCH
OFFICE SHALL BE HEADED BY A DIRECTOR OF HEALTHCARE ACCOUNTABILITY, WHO
SHALL BE APPOINTED BY THE COMMISSIONER.
§ 41. DEFINITIONS. FOR PURPOSES OF THIS TITLE, THE FOLLOWING TERMS
HAVE THE FOLLOWING MEANINGS:
1. "DIRECTOR" SHALL MEAN THE DIRECTOR OF HEALTHCARE ACCOUNTABILITY.
2. "OFFICE" SHALL MEAN THE OFFICE OF HEALTHCARE ACCOUNTABILITY.
§ 42. POWERS AND DUTIES. THE DIRECTOR SHALL HAVE THE POWER AND DUTY
TO:
1. PROVIDE RECOMMENDATIONS TO THE GOVERNOR, LEGISLATURE, STATE COMP-
TROLLER, AND TRUSTEES OF THE STATE PENSION SYSTEMS REGARDING HEALTHCARE
AND HOSPITAL COSTS, INCLUDING, BUT NOT LIMITED TO, THE PROPORTION OF
HEALTHCARE COSTS SPENT ON HOSPITAL CARE;
2. AUDIT EXPENDITURES ON HEALTHCARE COSTS FOR STATE EMPLOYEES, STATE
RETIREES, AND THEIR DEPENDENTS;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09629-03-3
A. 5307 2
3. PROVIDE, ON THE OFFICE'S WEBSITE IN A SIMPLIFIED AND PUBLICLY
ACCESSIBLE FORMAT, INFORMATION ON THE COSTS OF HOSPITAL PROCEDURES. SUCH
INFORMATION SHALL BE BASED ON ANY PUBLICLY AVAILABLE INFORMATION RELAT-
ING TO THE COST OF HOSPITAL PROCEDURES, INCLUDING DISCLOSURES REQUIRED
PURSUANT TO STATE AND FEDERAL LAW, AND SHALL BE FORMATTED IN A WAY TO
ALLOW FOR COMPARISONS BETWEEN PROCEDURE COSTS FOR SPECIFIC HOSPITALS;
AND
4. PROVIDE ON THE OFFICE'S WEBSITE A SUMMARY OF THE COST TRANSPARENCY
OF EACH HOSPITAL IN THE STATE, CATEGORIZING EACH HOSPITAL AS VERY TRANS-
PARENT, SATISFACTORY, OR NOT TRANSPARENT. SUCH SUMMARY SHALL BE UPDATED
AT LEAST ANNUALLY AND SHALL BE BASED ON THE OFFICE'S ASSESSMENT OF THE
INFORMATION THAT EACH HOSPITAL HAS DISCLOSED RELATING TO THE COST OF
HOSPITAL PROCEDURES, INCLUDING:
(A) WHETHER SUCH DISCLOSURES COMPLY WITH THE REQUIREMENTS OF STATE AND
FEDERAL LAW; AND
(B) WHETHER SUCH DISCLOSURES WERE PROVIDED WITHIN THE TIME PERIOD
REQUIRED BY STATE AND FEDERAL LAW.
§ 43. REPORTING. ONE YEAR AFTER THE EFFECTIVE DATE OF THIS TITLE, AND
ANNUALLY THEREAFTER, THE DIRECTOR SHALL SUBMIT TO THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE
ATTORNEY GENERAL, AND SHALL POST CONSPICUOUSLY ON THE OFFICE'S WEBSITE,
A REPORT DETAILING THE PRICING PRACTICES FOR HOSPITAL SYSTEMS IN NEW
YORK STATE. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
FOLLOWING:
1. A SUMMARY OF ANY AUDITS CONDUCTED PURSUANT TO SUBDIVISION TWO OF
SECTION FORTY-TWO OF THIS TITLE, INCLUDING THE COSTS OF HOSPITAL PROCE-
DURES PAID FOR BY THE STATE DISAGGREGATED BY HOSPITAL;
2. A SUMMARY OF PRICES CHARGED FOR HOSPITAL PROCEDURES DISAGGREGATED
BY:
(A) HOSPITAL;
(B) TYPE OF PROCEDURE, AND;
(C) TO THE EXTENT AVAILABLE, THE AVERAGE RATE OF REIMBURSEMENT
RECEIVED BY THE HOSPITAL FROM EACH HEALTH INSURANCE PROVIDER OR OTHER
PAYER FOR EACH PROCEDURE;
3. A SUMMARY OF EACH HOSPITAL'S LEVEL OF TRANSPARENCY PURSUANT TO
SUBDIVISION FOUR OF SECTION FORTY-TWO OF THIS TITLE;
4. TO THE EXTENT AVAILABLE, A BREAKDOWN OF EACH MAJOR INSURANCE
PROVIDER'S AND OTHER PAYER'S PROFIT MARGINS, EMPLOYEE HEADCOUNTS, OVER-
HEAD COSTS, AND EXECUTIVE SALARIES AND BONUSES; AND
5. TO THE EXTENT AVAILABLE, A SUMMARY OF EACH HOSPITAL'S COMMUNITY
BENEFIT INFORMATION AS PUBLICLY REPORTED ON THE INTERNAL REVENUE
SERVICE'S FORM 990, SCHEDULE H, AS REQUIRED PURSUANT TO SECTION 501(R)
OF THE INTERNAL REVENUE SERVICE CODE, AND EACH HOSPITAL'S PUBLICLY
AVAILABLE IMPLEMENTATION REPORT REGARDING THE HOSPITAL'S PERFORMANCE IN
MEETING THE HEALTHCARE NEEDS OF THE COMMUNITY, PROVIDING CHARITY CARE
SERVICES, AND IMPROVING ACCESS TO HEALTHCARE SERVICES BY THE UNDER-
SERVED, AS REQUIRED PURSUANT TO SUBDIVISION THREE OF SECTION TWENTY-
EIGHT HUNDRED THREE-L OF THIS CHAPTER.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.