S T A T E   O F   N E W   Y O R K
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                                 7370--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               May 6, 2015
                               ___________

Introduced by M. of A. PICHARDO -- read once and referred to the Commit-
  tee  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 committee

AN  ACT  to  amend  the  public health law, in relation to equitable and
  consistent access to outpatient care services

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraphs  (iii)  and  (iv)  of subdivision 2 of section
2803-l of the public health law, as amended by chapter 639 of  the  laws
of  1996,  are  amended  and  a  new  paragraph  (v) is added to read as
follows:
  (iii) demonstrate the hospital's operational and financial  commitment
to meeting community health care needs, to provide charity care services
and to improve access to health care services by the underserved; [and]
  (iv) prepare and make available to the public a statement showing on a
combined  basis a summary of the financial resources of the hospital and
related corporations and the allocation of available resources to hospi-
tal  purposes  including  the  provision  of  free  or  reduced   charge
services[.]; AND
  (V) DEMONSTRATE THE HOSPITAL'S COMMITMENT TO ENSURING QUALITY CARE AND
CONTINUITY  OF  CARE WITHIN ALL TREATMENT SETTINGS FOR ALL PATIENT POPU-
LATIONS, INCLUDING PERSONS COVERED BY MEDICAID  AND  THE  UNINSURED,  IN
ACCORDANCE WITH THE PROVISIONS OF SECTION TWENTY-EIGHT HUNDRED FIVE-Y OF
THIS ARTICLE.
  S  2.  The public health law is amended by adding a new section 2805-y
to read as follows:
  S 2805-Y. ACCESS TO OUTPATIENT SERVICES. EVERY GENERAL HOSPITAL  SHALL
ESTABLISH POLICIES THAT ASSURE EQUITABLE AND CONSISTENT ACCESS TO OUTPA-
TIENT  CARE  SERVICES  THAT MAY BE PROVIDED OR ARRANGED BY SUCH HOSPITAL
THROUGH HOSPITAL-AFFILIATED  OUTPATIENT  DEPARTMENTS,  CLINICS,  FACULTY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05850-04-6
              

A. 7370--A                          2

PRACTICE PLANS OR PRIVATE PHYSICIAN PRACTICES, REGARDLESS OF A PATIENT'S
SOURCE OF COVERAGE OR PAYMENT. SUCH POLICIES SHALL BE INCORPORATED WITH-
IN  THE  GENERAL  HOSPITAL'S COMMUNITY SERVICES PLAN, IN ACCORDANCE WITH
THE  PROVISIONS OF SECTION TWENTY-EIGHT HUNDRED THREE-L OF THIS ARTICLE.
TO ASSIST GENERAL HOSPITALS IN SATISFYING THESE OBLIGATIONS AND DEVELOP-
ING SUCH POLICIES, THE DEPARTMENT SHALL EXAMINE BARRIERS THAT MAY  EXIST
TO ASSURING EQUITABLE ACCESS TO HEALTH CARE SERVICES. IN CONDUCTING SUCH
EXAMINATION,  THE DEPARTMENT SHALL CONSIDER ANY STATE OR FEDERAL REGULA-
TORY OR REIMBURSEMENT POLICIES THAT DISCOURAGE EQUITABLE ACCESS, REGARD-
LESS OF THE PATIENT'S SOURCE OF  COVERAGE  OR  PAYMENT.  THE  DEPARTMENT
SHALL  ALSO EXAMINE THE EXTENT TO WHICH INSURANCE AND MANAGED CARE BENE-
FIT DESIGNS MAY DISCOURAGE OR PRECLUDE ACCESS TO APPROPRIATE SERVICES BY
PATIENTS, REGARDLESS OF THE PATIENT'S SOURCE OF COVERAGE OR PAYMENT. THE
COMMISSIONER SHALL, ON OR BEFORE  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND
SEVENTEEN,  ISSUE A REPORT ON SUCH EXAMINATION INCLUDING RECOMMENDATIONS
FOR ANY NECESSARY LEGISLATIVE OR REGULATORY CHANGES TO ENHANCE ACCESS TO
SERVICES, AND DETAILING ANY FEDERAL STATUTORY OR REGULATORY BARRIERS.
  S 3. This act shall take effect immediately, except that  section  one
of  this  act shall take effect on October 1, 2017 and the provisions of
such section shall apply to community service plans due and submitted on
or after such date.