S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 382--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health --  recommitted  to
  the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
  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-

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

                                                           LBD05850-03-6

S. 382--A                           2

TIENT  CARE  SERVICES  THAT MAY BE PROVIDED OR ARRANGED BY SUCH HOSPITAL
THROUGH HOSPITAL-AFFILIATED  OUTPATIENT  DEPARTMENTS,  CLINICS,  FACULTY
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.