NY State Senate Bill 2025-S3356A

Current Bill Status - On Floor Calendar

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 15, 2025	advanced to third reading
May 14, 2025	2nd report cal.
May 13, 2025	1st report cal.1085
May 05, 2025	print number 3356a
May 05, 2025	amend and recommit to health
Jan 27, 2025	referred to health

Votes

- May 13, 2025 - Health Committee Vote
  S3356A
  
  8
  
  Aye
  
  2
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 13, 2025
      
      aye (8)
      
      Brouk
      
      Gonzalez
      
      Hoylman-Sigal
      
      Jackson
      
      Parker
      
      Rivera
      
      Ryan
      
      Webb
      
      nay (2)
      
      Ashby
      
      Stec
      
      aye wr (3)
      
      Gallivan
      
      Martins
      
      Rhoads
      
      excused (1)
      
      Myrie

Bill Amendments

Original

A (Active)

2025-S3356 - Details

See Assembly Version of this Bill:: A482
Law Section:: Public Health Law
Laws Affected:: Amd §§585 & 586, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:: S9344, A10322

2025-S3356 - Summary

Enacts the lab services accessibility act.

2025-S3356 - Sponsor Memo

                                 
BILL NUMBER: S3356

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to enacting the lab
services accessibility act

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 provides the short title of this act to be known as the "Lab
Services Accessibility Act."

Section 2 amends section 585 of the Public Health Law by expanding the
definition of "health services purveyor" to include persons or entities
that facilitate the provision of health or health-related services,
including but not limited to, any person or entity who participates in
the initiation, coordination, payment, delivery, or follow-up of health
or health-related services.

Section 3 amends subdivisions 2 and 3 of section 586 of the Public
Health Law. Subdivision 2 is amended to add paragraph j, which exempts
nonprofit clinics or other health care providers whose purpose is the

promotion of public health from Section 586 subdivision 1 of the Public
Health Law. This would exempt lab health services purveyors who ordered
or facilitated clinical laboratory services, including the testing and
analysis of self-collected samples in a non-healthcare setting from the
requirement that the patient be the payor for such services. Subdivision
3 changes the entity responsible for promulgating rules and regulations
governing the operation of clinical laboratories from the Public Health
and Health Planning Council (PHHPC) to the Department of Health (DOH).

Section 4 sets the effective date.

 
JUSTIFICATION:

Diseases such as HIV, syphilis, gonorrhea, chlamydia, and other sexually
transmitted infections remain serious public health threats in New York,
and without readily available testing, vulnerable communities, such as
the LGBTQIA+ community, people of color, and lower income New Yorkers
face detrimental health consequences.  New York's current lab services
billing law requires that clinical laboratories directly bill and
receive payment from the recipients of their lab services with limited
exceptions. The law is intended to protect recipients of lab services
from increased prices due to fee-splitting by physicians with clinical
laboratories, whereby physicians would markup patient lab services bills
and pass the increased price onto patients. However, the current law
extends beyond its consumer protection purpose by inadvertently stifling
public health partnerships between clinical laboratories and healthcare
nonprofit organizations as well as preventing pharmacies and others from
offering patients self-collected testing kits.

Self-collected testing typically involves the collection of small
biological samples (such as saliva, urine, or blood) that are sent to a
laboratory to be analyzed for the presence of specific markers or indi-
cators of disease. Self-collecting testing provides those who face
geographic and financial barriers, experience social stigma and pres-
sure, or have privacy concerns about testing in a medical facility with
the diagnostic care they need. Ultimately, this legislation would
further social equity and accessibility in the clinical laboratory
services arena and bolster New York's public health surveillance
systems.

 
LEGISLATIVE HISTORY:

2024: S9344/A10322 Clark

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
Effective immediately.

2025-S3356 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3356
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2025
                                ___________
 
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02536-01-5

 S. 3356                             2
 
   (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
 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.

2025-S3356A (ACTIVE) - Details

See Assembly Version of this Bill:: A482
Law Section:: Public Health Law
Laws Affected:: Amd §§585 & 586, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:: S9344, A10322

2025-S3356A (ACTIVE) - Summary

Enacts the lab services accessibility act.

2025-S3356A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3356A

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to enacting the lab
services accessibility act

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 provides the short title of this act to be known as the "Lab
Services Accessibility Act."

Section 2 amends section 585 of the Public Health Law by creating a new
definition of "health services facilitator" to include persons or enti-
ties that facilitate the provision of health or health-related services,
including but not limited to, any person or entity who participates in
the initiation, coordination, payment, delivery, or follow-up of health
or health-related services. It also creates a definition of a public
health program including but not limited to situations where the demand
for testing may be increased.

Section 3 amends subdivisions 2 and 3 of section 586 of the Public

Health Law. Subdivision 2 is amended to add paragraph j, which exempts
nonprofit clinics, other health care providers, or health services faci-
litators whose purpose is the promotion of public health from Section
586 subdivision 1 of the Public Health Law. This would exempt health
services facilitators who ordered or facilitated clinical laboratory
services, including the testing and analysis of self-collected samples
in a non-healthcare setting from the current requirement that the
patient be the payor for such services.  Subdivision 3 changes the enti-
ty responsible for promulgating rules and regulations governing the
operation of clinical laboratories from the Public Health and Health
Planning Council (PHHPC) to the Department of Health (DOH).

Section 4 sets the effective date.

 
JUSTIFICATION:

Diseases such as HIV, syphilis, gonorrhea, chlamydia, and other sexually
transmitted infections remain serious public health threats in New York,
and without readily available testing, vulnerable communities, such as
the LGBTQIA+ community, people of color, and lower income New Yorkers
face detrimental health consequences.

New York's current lab services billing law requires that clinical labo-
ratories directly bill and receive payment from the recipients of their
lab services with limited exceptions. The law is intended to protect
recipients of lab services from increased prices due to fee-splitting by
physicians with clinical laboratories, whereby physicians would markup
patient lab services bills and pass the increased price onto patients.
However, the current law extends beyond its consumer protection purpose
by inadvertently stifling public health partnerships between clinical
laboratories and healthcare nonprofit organizations as well as prevent-
ing pharmacies and others from offering patients self-collected testing
kits.

Self-collected testing typically involves the collection of small
biological samples (such as saliva, urine, or blood) that are sent to a
laboratory to be analyzed for the presence of specific markers or indi-
cators of disease. Self-collecting testing provides those who face
geographic and financial barriers, experience social stigma and pres-
sure, or have privacy concerns about testing in a medical facility with
the diagnostic care they need. Ultimately, this legislation would
further social equity and accessibility in the clinical laboratory
services arena and bolster New York's public health surveillance
systems.

 
LEGISLATIVE HISTORY:

2024: S9344/A10322 Clark

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
Effective immediately.

2025-S3356A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3356--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2025
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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 and 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, corporation  or  professional  corporation,  or  any
 agent,  employee, fiduciary, employer or representative thereof, includ-
 ing 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 corpo-
 ration hiring any  of  the  aforementioned  practitioners,  who  provide
 health or 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. "HEALTH SERVICES FACILITATOR" MEANS ANY PERSON, FIRM,  PARTNERSHIP,
 GROUP, ASSOCIATION, NONPROFIT CORPORATION, BUSINESS CORPORATION, PROFES-
 SIONAL  CORPORATION,  LIMITED LIABILITY COMPANY, OR ANY AGENT, EMPLOYEE,
 FIDUCIARY, EMPLOYER OR REPRESENTATIVE THEREOF, THAT ASSISTS  IN  FACILI-
 TATING  THE  PROVISION  OF  HEALTH  RELATED SERVICES, INCLUDING, BUT NOT
 LIMITED TO, PARTICIPATION  IN  THE  INITIATION,  COORDINATION,  PAYMENT,
 DELIVERY, OR FOLLOW-UP OF SUCH HEALTH RELATED SERVICES.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02536-03-5
 S. 3356--A                          2

 
   4.  "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  TRANSMITTABLE  INFECTION,  (3)  ANTIRETROVIRAL  PREEXPOSURE
 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;
   (V) TESTING IN RESPONSE TO AN EPIDEMIC, PANDEMIC, OUTBREAK,  OR  OTHER
 DECLARED STATE OF EMERGENCY; OR
   (VI)  TESTING  PERFORMED  IN  CONNECTION  WITH A PILOT STUDY, RESEARCH
 STUDY, OR CLINICAL TRIAL.
   § 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 FACI-
 LITATOR 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.

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Senate Bill S3356A

Sponsored By

Current Bill Status - On Floor Calendar

May 13, 2025 - Health Committee Vote

Health Committee Vote: May 13, 2025

Bill Amendments

2025-S3356 - Details

2025-S3356 - Summary

2025-S3356 - Sponsor Memo

2025-S3356 - Bill Text download pdf

2025-S3356A (ACTIVE) - Details

2025-S3356A (ACTIVE) - Summary

2025-S3356A (ACTIVE) - Sponsor Memo

2025-S3356A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3356A

Share this bill

Sponsored By

Gustavo Rivera

Current Bill Status - On Floor Calendar

Bill Amendments

2025-S3356 - Details

2025-S3356 - Summary

2025-S3356 - Sponsor Memo

2025-S3356 - Bill Text download pdf

2025-S3356A (ACTIVE) - Details

2025-S3356A (ACTIVE) - Summary

2025-S3356A (ACTIVE) - Sponsor Memo

2025-S3356A (ACTIVE) - Bill Text download pdf

Comments