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Assembly Bill A8205

2023-2024 Legislative Session

Relates to review of projects affecting the availability of maternity services

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2023-A8205 - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §2803, Pub Health L
Versions Introduced in 2025-2026 Legislative Session:
A2454

2023-A8205 - Summary

Requires the commissioner of health to promulgate regulations requiring that the addition of, decertification of, or changes in the method of delivery of perinatal services by a general hospital be subject to an application under article 28 of the public health law that requires review and approval by the council.

2023-A8205 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8205
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 27, 2023
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the public health law, in relation to review of projects
   affecting the availability of maternity services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subparagraph (v) of  paragraph  (a)  of  subdivision  2  of
 section  2803  of  the public health law, as added by chapter 807 of the
 laws of 1985, is amended to read as follows:
   (v) standards and procedures relating to  hospital  operating  certif-
 icates,  provided  however,  that  the  council  shall establish minimum
 acceptable standards and procedures equal to the  standards  and  proce-
 dures  which federal law and regulation require for hospitals to qualify
 as providers pursuant to titles XVIII and  XIX  of  the  federal  social
 security  act.  The existing state standards and procedures in effect on
 the date that this subdivision becomes  effective  shall  be  deemed  to
 constitute  maximum  standards  and  procedures for purposes of limiting
 medical assistance reimbursement pursuant to the  social  services  law.
 Such  standards  and procedures may thereafter be changed or added to by
 the council only upon the recommendation of the  commissioner.  For  the
 purposes  of  ensuring  that  the  health and safety of the residents of
 hospitals are not endangered, the council may promulgate changes in  the
 minimum  acceptable  standards  and  procedures  referred to herein upon
 recommendation of the commissioner.    PROVIDED,  HOWEVER,  THE  COUNCIL
 SHALL  PROMULGATE  REGULATIONS REQUIRING THAT THE ADDITION OF, DECERTIF-
 ICATION OF, OR CHANGES IN THE METHOD OF DELIVERY OF  PERINATAL  SERVICES
 BY  A  GENERAL  HOSPITAL  SHALL  BE SUBJECT TO AN APPLICATION UNDER THIS
 ARTICLE THAT REQUIRES REVIEW AND APPROVAL BY THE COUNCIL, and
   § 2.  This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13442-01-3

co-Sponsors

2023-A8205A (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §2803, Pub Health L
Versions Introduced in 2025-2026 Legislative Session:
A2454

2023-A8205A (ACTIVE) - Summary

Requires the commissioner of health to promulgate regulations requiring that the addition of, decertification of, or changes in the method of delivery of perinatal services by a general hospital be subject to an application under article 28 of the public health law that requires review and approval by the council.

2023-A8205A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8205--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 27, 2023
                                ___________
 
 Introduced  by  M.  of A. McDONALD, BURDICK, FAHY, SHIMSKY, BUTTENSCHON,
   CUNNINGHAM, O'DONNELL, THIELE, SANTABARBARA, STIRPE, LEVENBERG,  LUNS-
   FORD,   BENDETT,   McDONOUGH,   BRABENEC,   SLATER,  WOERNER,  LAVINE,
   SEAWRIGHT, ARDILA, PAULIN, DAVILA -- read once  and  referred  to  the
   Committee  on  Health  --  recommitted  to  the Committee on Health in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the public health law, in relation to review of projects
   affecting the availability of maternity services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (v)  of  paragraph  (a) of subdivision 2 of
 section 2803 of the public health law, as added by chapter  807  of  the
 laws of 1985, is amended to read as follows:
   (v)  standards  and  procedures relating to hospital operating certif-
 icates, provided however,  that  the  council  shall  establish  minimum
 acceptable  standards  and  procedures equal to the standards and proce-
 dures which federal law and regulation require for hospitals to  qualify
 as  providers  pursuant  to  titles  XVIII and XIX of the federal social
 security act. The existing state standards and procedures in  effect  on
 the  date  that  this  subdivision  becomes effective shall be deemed to
 constitute maximum standards and procedures  for  purposes  of  limiting
 medical  assistance  reimbursement  pursuant to the social services law.
 Such standards and procedures may thereafter be changed or added  to  by
 the  council  only  upon the recommendation of the commissioner. For the
 purposes of ensuring that the health and  safety  of  the  residents  of
 hospitals  are not endangered, the council may promulgate changes in the
 minimum acceptable standards and  procedures  referred  to  herein  upon
 recommendation of the commissioner.  PROVIDED, HOWEVER, THE COMMISSIONER
 SHALL  PROMULGATE  REGULATIONS REQUIRING THAT THE ADDITION OF, DECERTIF-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13442-02-4

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