S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9344
 
                             I N  S E N A T E
 
                               May 13, 2024
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to enacting  the  lab
   services accessibility act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known any may  be  cited  as
 the "lab services accessibility act".
   §  2. Section 585 of the public health law, as added by chapter 803 of
 the laws of 1992, is amended to read as follows:
   § 585. Definitions. Whenever used in this title:
   1. "Health services purveyor" means  any  person,  firm,  partnership,
 group,  association,  NONPROFIT  CORPORATION, BUSINESS corporation [or],
 professional corporation,  LIMITED  LIABILITY  COMPANY,  or  any  agent,
 employee,  fiduciary, employer or representative thereof, [including but
 not limited to a physician, dentist, podiatrist or chiropractor,  either
 in  individual  practice, group practice or employed in a facility owned
 by any person, group,  association,  firm,  partnership  or  corporation
 hiring  any  of the aforementioned practitioners, who provide health or]
 THAT ASSISTS IN FACILITATING THE PROVISION OF HEALTH  RELATED  SERVICES,
 INCLUDING,  BUT NOT LIMITED TO, PARTICIPATION IN THE INITIATION, COORDI-
 NATION, PAYMENT, DELIVERY, OR FOLLOW-UP OF SUCH health related services.
   2. "Clinical laboratory" shall have the same meaning as is  set  forth
 in subdivision one of section five hundred seventy-one of this article.
   3.  "PUBLIC  HEALTH  PROGRAM" SHALL MEAN AN INITIATIVE UNDER WHICH THE
 CLINICAL LABORATORY SERVICES ARE PERFORMED IN RELATION TO ANY PROCEDURE,
 TEST, ASSAY, OR DIAGNOSTIC WHERE ONE OF THE FOLLOWING APPLIES:
   (A) IT IS SUPPORTED BY PUBLIC HEALTH FUNDS, GRANTS, OR AWARDS; OR
   (B) IT IS REASONABLY EXPECTED TO  RESPOND  TO  A  PUBLIC  HEALTH  NEED
 RECOGNIZED BY LAW, REGULATION, THE DEPARTMENT, OR OTHER APPLICABLE GUID-
 ANCE, INCLUDING, BUT NOT LIMITED TO:
   (I) TESTING WITH A HEIGHTENED NEED FOR CONFIDENTIALITY, INCLUDING, BUT
 NOT  LIMITED TO, TESTING RELATED TO: (1) A TERMINATION OF PREGNANCY, (2)
 A  SEXUALLY  TRANSMITTIBLE  INFECTION,  (3)  ANTIRETROVIRAL  PREEXPOSURE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15568-02-4
 S. 9344                             2
 
 PROPHYLAXIS (PREP) OR POSTEXPOSURE PROPHYLAXIS (PEP); AND (4) DRUG ABUSE
 SCREENING;
   (II)  TESTING  RECOMMENDED  BY THE FEDERAL CENTERS FOR DISEASE CONTROL
 AND PREVENTION GUIDELINES;
   (III) TESTING WITH A GRADE "A" OR "B" RECOMMENDED BY THE UNITED STATES
 PREVENTATIVE SERVICE TASK FORCE;
   (IV) TESTING PROVIDED TO ADVANCE  ACCESS  TO  HEALTHCARE  AND  IMPROVE
 PATIENT  OUTCOMES FOR UNDERSERVED, VULNERABLE, AND/OR RURAL POPULATIONS;
 OR
   (V) TESTING IN RESPONSE TO AN EPIDEMIC, PANDEMIC, OUTBREAK,  OR  OTHER
 DECLARED STATE OF EMERGENCY.
   §  3. Subdivisions 2 and 3 of section 586 of the public health law, as
 added by chapter 803 of the laws of 1992, paragraph (h) of subdivision 2
 as amended by chapter 558 of the laws of 1999, are amended  to  read  as
 follows:
   2. The provisions of subdivision one of this section shall be inappli-
 cable to services rendered by a clinical laboratory [operated] PERMITTED
 by the state of New York; and to payment by:
   (a) A legal relative of the recipient of the services;
   (b) An insurance carrier designated by the recipient of the services;
   (c)  A  hospital as defined in article twenty-eight of this chapter on
 behalf of an in-patient or out-patient of such hospital having been  the
 recipient of the services;
   (d) One purveyor to another purveyor for actual services rendered;
   (e) An industrial firm only for its own employees;
   (f) A trade union health facility only for its registered patients;
   (g)  Governmental  agencies  and/or  their specified public or private
 agent, agency  or  organization  on  behalf  of  the  recipient  of  the
 services;
   (h)  A  substance  abuse or chemical dependence program which has been
 approved to operate by the office of [alcoholism  and  substance  abuse]
 ADDICTION  services  AND  SUPPORTS pursuant to the provision of [section
 23.01 or] article thirty-two of the mental  hygiene  law  on  behalf  of
 clients  of  such  a  program having been the recipient of the services;
 [and]
   (i) A health maintenance organization  operating  in  accordance  with
 article  forty-three  of the insurance law or article forty-four of this
 chapter[.]; AND
   (J) A NONPROFIT CLINIC,  HEALTH  CARE  PROVIDER,  OR  HEALTH  SERVICES
 PURVEYOR THAT IS SUPPORTING A PUBLIC HEALTH PROGRAM.
   3.  The [public health council] DEPARTMENT shall adopt and amend rules
 and regulations[, subject to approval by the commissioner,] to  effectu-
 ate the provisions and purposes of this section.
   § 4. This act shall take effect immediately.