Senate Bill S3356A

                             
                     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.