Senate Bill S8965

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8965
 
                             I N  S E N A T E
 
                             January 21, 2026
                                ___________
 
 Introduced  by  Sens.  HINCHEY, ADDABBO, BROUK, COMRIE, FAHY, FERNANDEZ,
   GONZALEZ, GOUNARDES, HARCKHAM, JACKSON, KAVANAGH, KRUEGER,  LIU,  MAY,
   MYRIE,  RIVERA,  C. RYAN,  SALAZAR,  SEPULVEDA,  SERRANO, WEBB -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Health
 
 AN ACT to amend the public health law and the insurance law, in relation
   to  providing information to patients and the public on hospital rule-
   based exclusions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. The legislature finds that since 2003
 more than 40 community hospitals in New York state have closed.
   The  legislature  additionally  finds  that  as  a  result of hospital
 consolidation, large health  care  systems  now  control  more  than  70
 percent of acute hospital beds in the state and that these systems some-
 times  remove  categories of care from local hospitals, leaving patients
 in regions of the state without access  to  particular  types  of  care,
 including some types of emergency care.
   The legislature further finds that patients do not have the ability to
 determine  whether health care facilities in their area provide the care
 they seek, because information about how  facility  restrictions  impact
 options for care is too difficult to obtain.
   The  legislature  also  finds that denials and poor access to care can
 lead to serious adverse  health  impacts  that  jeopardize  individuals'
 lives  and  wellbeing  and that New York needs to understand health care
 gaps and their impact statewide.
   Finally, the legislature finds that some denials of care violate state
 and federal law.
   § 2. The public health law is amended by adding a new section  2803-cc
 to read as follows:
   §  2803-CC.  HOSPITAL  RULE-BASED  EXCLUSIONS.    1.  AS  USED IN THIS
 SECTION, "HOSPITAL RULE-BASED EXCLUSIONS" MEANS ANY CRITERIA, RULES,  OR
 POLICIES,  WHETHER  WRITTEN  OR  UNWRITTEN, FORMALLY ADOPTED OR DRAFTED,
 ENDORSED BY THE GENERAL HOSPITAL OR FOLLOWED FROM  AN  EXTERNAL  SOURCE,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04973-03-6
 S. 8965                             2
 
 THAT  RESTRICT  A  GENERAL HOSPITAL FROM PROVIDING TYPES OF CARE, WITHIN
 THE COVERED  PRACTICE  AREAS  PURSUANT  TO  SUBDIVISION  ONE-A  OF  THIS
 SECTION,  THAT  THE  GENERAL  HOSPITAL  IS  LICENSED  TO PROVIDE OR THAT
 RESTRICT THE PROVISION OF CARE TO CATEGORIES OF PATIENTS ON THE BASIS OF
 ANY CHARACTERISTIC PROTECTED UNDER SECTION TWO HUNDRED NINETY-SIX OF THE
 EXECUTIVE LAW THAT THE GENERAL HOSPITAL IS LICENSED TO PROVIDE.  "HOSPI-
 TAL  RULE-BASED  EXCLUSIONS"  SHALL  INCLUDE,  BUT  NOT  BE  LIMITED TO,
 OBJECTIONS UNDER SECTION TWENTY-NINE HUNDRED EIGHTY-FOUR OR  TWENTY-NINE
 HUNDRED NINETY-FOUR-N OF THIS CHAPTER.  "HOSPITAL RULE-BASED EXCLUSIONS"
 SHALL NOT INCLUDE RESTRICTIONS BASED ON LACK OF EQUIPMENT, AVAILABLE BED
 SPACE IN THE FACILITY, OR INSURANCE DENIAL.
   1-A. (A) COVERED PRACTICE AREAS SHALL INCLUDE BUT NOT BE LIMITED TO:
   (I) PRIMARY CARE;
   (II) FAMILY PLANNING, CONTRACEPTION, AND INFERTILITY SERVICES;
   (III)  PREGNANCY TESTING, SUPPORT, LABOR AND DELIVERY, AND TERMINATION
 SERVICES;
   (IV) REPRODUCTIVE, GENDER-AFFIRMING, AND STERILIZATION SERVICES; AND
   (V) PALLIATIVE, HOSPICE, AND OTHER END-OF-LIFE SERVICES.
   (B) THE COMMISSIONER SHALL MAKE RULES AND REGULATIONS AS NECESSARY  TO
 FURTHER SPECIFY SERVICES TO BE COVERED WITHIN THESE PRACTICE AREAS.
   2.  (A)  THE  COMMISSIONER  SHALL  DEVELOP  A CLEAR AND SIMPLE SERVICE
 AVAILABILITY FORM FOR THE PURPOSE OF CONVEYING TO PATIENTS  AND  TO  THE
 PUBLIC  THE  SERVICES WITHIN THE COVERED PRACTICE AREAS THAT ARE AND ARE
 NOT GENERALLY AVAILABLE OR ARE SUBJECT TO HOSPITAL RULE-BASED EXCLUSIONS
 AT A GENERAL HOSPITAL AND SHALL COLLECT FROM  EACH  GENERAL  HOSPITAL  A
 LIST  OF ITS HOSPITAL RULE-BASED EXCLUSIONS ON AN ANNUAL BASIS USING THE
 SERVICE AVAILABILITY FORM. IN DEVELOPING SUCH FORM THE COMMISSIONER  MAY
 CONSULT  WITH  HEALTH  CARE PROVIDERS, PATIENT ADVOCATES, AND EXPERTS IN
 HEALTH CARE ACCESS TO ENSURE IT IS  UNDERSTANDABLE  TO  MEMBERS  OF  THE
 PUBLIC.  EACH  GENERAL HOSPITAL SHALL FURNISH A COMPLETED SERVICE AVAIL-
 ABILITY FORM TO THE DEPARTMENT, IMMEDIATELY UPON REQUEST.
   (B) THE COMMISSIONER SHALL PUBLISH ON  THE  DEPARTMENT'S  WEBSITE  THE
 COMPLETED  SERVICE AVAILABILITY FORM FOR EACH GENERAL HOSPITAL NOT LATER
 THAN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS  SECTION.  THE  COMMIS-
 SIONER SHALL POST UPDATED SERVICE AVAILABILITY FORMS ON AN ANNUAL BASIS.
   (C)  THE  COMMISSIONER  MAY PROMULGATE RULES AND REGULATIONS AS MAY BE
 NECESSARY AND PROPER TO CARRY OUT EFFECTIVELY  THE  PROVISIONS  OF  THIS
 SECTION.
   § 3. Subdivision 1 of section 2803 of the public health law is amended
 by adding a new paragraph (m) to read as follows:
   (M)  THE  STATEMENT  REGARDING  PATIENT  RIGHTS  AND RESPONSIBILITIES,
 REQUIRED PURSUANT TO PARAGRAPH (G) OF THIS SUBDIVISION, SHALL INCLUDE AN
 EXPLANATION OF HOSPITAL RULE-BASED EXCLUSIONS AND A LINK TO THE  SECTION
 OF THE DEPARTMENT'S WEBSITE REQUIRED IN PARAGRAPH (B) OF SUBDIVISION TWO
 OF  SECTION TWENTY-EIGHT HUNDRED THREE-CC OF THIS ARTICLE.  EACH GENERAL
 HOSPITAL'S WEBSITE SHALL PROMINENTLY LINK TO  THE  DEPARTMENT'S  WEBSITE
 REQUIRED  IN  PARAGRAPH  (B)  OF SUBDIVISION TWO OF SECTION TWENTY-EIGHT
 HUNDRED THREE-CC OF THIS ARTICLE.  THE COMMISSIONER MAY PROMULGATE RULES
 AND REGULATIONS AS MAY BE NECESSARY AND PROPER TO CARRY OUT  EFFECTIVELY
 THE PROVISIONS OF THIS PARAGRAPH.
   §  4. Subsection (a) of section 3217-a of the insurance law is amended
 by adding a new paragraph 22 to read as follows:
   (22)(A) AN EXPLANATION OF HOSPITAL RULE-BASED EXCLUSIONS AND THE  FACT
 THAT  SOME  GENERAL  HOSPITALS  MAY HAVE HOSPITAL RULE-BASED EXCLUSIONS,
 ALONG WITH A LINK TO THE WEBSITE REQUIRED PURSUANT TO SUBDIVISION TWO OF
 SECTION TWENTY-EIGHT HUNDRED THREE-CC OF THE PUBLIC HEALTH LAW.
 S. 8965                             3
 
   (B) FOR THE PURPOSES OF THIS PARAGRAPH,  "HOSPITAL  RULE-BASED  EXCLU-
 SIONS"  SHALL  HAVE  THE SAME MEANING AS IN SECTION TWENTY-EIGHT HUNDRED
 THREE-CC OF THE PUBLIC HEALTH LAW.
   § 5. Subsection (a) of section 4324 of the insurance law is amended by
 adding a new paragraph 23 to read as follows:
   (23)(A)  AN EXPLANATION OF HOSPITAL RULE-BASED EXCLUSIONS AND THE FACT
 THAT SOME GENERAL HOSPITALS MAY  HAVE  HOSPITAL  RULE-BASED  EXCLUSIONS,
 ALONG WITH A LINK TO THE WEBSITE REQUIRED PURSUANT TO SUBDIVISION TWO OF
 SECTION TWENTY-EIGHT HUNDRED THREE-CC OF THE PUBLIC HEALTH LAW.
   (B)  FOR  THE  PURPOSES OF THIS PARAGRAPH, "HOSPITAL RULE-BASED EXCLU-
 SIONS" SHALL HAVE THE SAME MEANING AS IN  SECTION  TWENTY-EIGHT  HUNDRED
 THREE-CC OF THE PUBLIC HEALTH LAW.
   § 6. Subdivision 1 of section 4408 of the public health law is amended
 by adding a new paragraph (w) to read as follows:
   (W)  (I) AN EXPLANATION OF HOSPITAL RULE-BASED EXCLUSIONS AND THE FACT
 THAT SOME GENERAL HOSPITALS MAY  HAVE  HOSPITAL  RULE-BASED  EXCLUSIONS,
 ALONG WITH A LINK TO THE WEBSITE REQUIRED PURSUANT TO SUBDIVISION TWO OF
 SECTION TWENTY-EIGHT HUNDRED THREE-CC OF THIS CHAPTER.
   (II)  FOR  THE PURPOSES OF THIS PARAGRAPH, "HOSPITAL RULE-BASED EXCLU-
 SIONS" SHALL HAVE THE SAME MEANING AS IN  SECTION  TWENTY-EIGHT  HUNDRED
 THREE-CC OF THIS CHAPTER.
   §  7.  Nothing  in  this act shall be construed to permit or authorize
 denials of care or discrimination in the provision  of  health  care  or
 health  insurance. Compliance with this act does not reduce or limit any
 liability for general  hospitals in connection with hospital  rule-based
 exclusions, including violations of state or federal law.
   § 8. Severability clause.  If any provision of this act, or any appli-
 cation  of any provision of this act, is held to be invalid, or ruled to
 violate or be inconsistent with any  applicable  federal  law  or  regu-
 lation, that shall not affect the validity or effectiveness of any other
 provision  of  this act, or of any other application of any provision of
 this act.  It is hereby declared to be the  intent  of  the  legislature
 that  this  act  would have been enacted even if such invalid provisions
 had not been included herein.
   § 9. This act shall take effect eighteen months after  it  shall  have
 become  a  law.  Effective  immediately,  the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.