NY State Senate Bill 2015-S5559A

Senate Bill S5559A

2015-2016 Legislative Session

Requires the department of health to prepare a report on the inspection of certain health facilities and clinics in the state of New York

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 25, 2016	print number 5559a
Feb 25, 2016	amend and recommit to health
Jan 06, 2016	referred to health
May 14, 2015	referred to health

Bill Amendments

Original

A (Active)

2015-S5559 - Details

See Assembly Version of this Bill:: A7525
Current Committee:: Senate Health
Law Section:: Public Health
Versions Introduced in Other Legislative Sessions:: 2017-2018: S3863, A3507
2019-2020: A5643
2021-2022: A6916
2023-2024: A5194

2015-S5559 - Summary

Requires the department of health to prepare a report on the inspection of certain health facilities and clinics in the state of New York; provides the commissioner shall deliver such report to the governor and all legislative conference leaders no later than one hundred eighty days after the effective date; provides the report shall include the number of diagnostic treatment centers licensed by the department of health; the number of facilities that are not defined as diagnostic treatment centers

2015-S5559 - Sponsor Memo

                                BILL NUMBER:S5559

TITLE OF BILL:

An act requiring the department of health to prepare a report on the
inspection of certain health facilities and clinics within the state of
New York

PURPOSE:

To establish a requirement that the Department of Health prepares a
report on the inspections of health facilities and clinics that perform
medical procedures and surgeries, and deliver such report to the Gover-
nor and all legislative conference leaders.

SUMMARY OF PROVISIONS:

Section 1 of this bill amends the Public Health Law by requiring that
the Department of Health prepare a report indicating the number of diag-
nostic and treatment centers it licenses under Article 28 of the Public
Health Law, and the number of facilities that are not defined as diag-
nostic and treatment centers but can still legally perform medical
procedures and surgeries in the State of New York. It also requires the
report to include the date of the most recent inspection performed by
the Department of Health of each facility identified in Sections 1 and 2
that is not accredited by the Joint Commission.

Section 2 of this bill requires that the Commissioner of Health deliver
such report to the Governor, the Speaker of the Assembly, the Temporary
President of the Senate, the Assembly Minority Leader, and the Senate
Minority Leader, within 180 days of enactment.

Section 3 of this bill provides that this act shall take effect imme-
diately.

JUSTIFICATION:

Recent inquiries and Freedom of Information Law (FOIL) requests to the
Department of Health regarding the frequency of inspections of health
facilities have shown that the Department does not have this information
readily available. It also has proven that some clinics that perform
medical procedures in our state have gone over a decade without an
inspection, an alarming fact that should be addressed legislatively.
This legislation is a preliminary step in resolving this issue and was
introduced to get a better understanding of the situation.

This measure would give the legislature a better understanding of the
frequency of health inspections at facilities that perform surgeries and
other medical facilities that do not already adhere to the inspection
requirements. The report's information would help the legislature imple-
ment laws to better protect the residents of New York State and ensure

that all health facilities are regularly licensed by the Department of
Health are also regularly inspected.

LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S5559 - Bill Text download pdf

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

    S. 5559                                                  A. 7525

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              May 14, 2015
                               ___________

IN  SENATE -- Introduced by Sen. GOLDEN -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Health

IN ASSEMBLY -- Introduced by M. of  A.  MALLIOTAKIS  --  read  once  and
  referred to the Committee on Health

AN  ACT  requiring  the  department of health to prepare a report on the
  inspection of certain health facilities and clinics within  the  state
  of New York

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

  Section 1. The department of health shall prepare a report  concerning
the  inspection  of  health  facilities  and clinics in the state of New
York. Such report shall include the following:
  1. The number of diagnostic and  treatment  centers  licensed  by  the
department  of health. In this section, diagnostic and treatment centers
shall mean any diagnostic and treatment centers regulated by  Title  10,
Part 756 of the New York Codes, Rules and Regulations.
  2.  The  number  of  facilities that are not defined as diagnostic and
treatment centers, but can still legally perform medical procedures  and
surgeries in the state of New York.
  3.  The date of the most recent inspection performed by the department
of health of each diagnostic and treatment center that is not accredited
by the joint commission.  For purposes of this paragraph, the term joint
commission shall  mean  the  independent,  not-for-profit  organization,
founded  in  1951,  which sets standards, accredits and evaluates health
care organizations and programs in the United States.
  4. The date of the most recent inspection performed by the  department
of health of each clinic or facility that is not defined as a diagnostic
and  treatment  center, but can still legally perform medical procedures
and surgeries in the state of New York, and is  not  accredited  by  the
joint commission.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10472-02-5

S. 5559                             2                            A. 7525

  S  2.  The  commissioner  of  health  shall deliver such report to the
governor and all  legislative  conference  leaders  no  later  than  one
hundred eighty days after the effective date of this act.
  S 3. This act shall take effect immediately.

2015-S5559A (ACTIVE) - Details

See Assembly Version of this Bill:: A7525
Current Committee:: Senate Health
Law Section:: Public Health
Versions Introduced in Other Legislative Sessions:: 2017-2018: S3863, A3507
2019-2020: A5643
2021-2022: A6916
2023-2024: A5194

2015-S5559A (ACTIVE) - Summary

2015-S5559A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5559A

 TITLE OF BILL :

An act requiring the department of health to prepare a report on the
inspection of certain health facilities and clinics within the state
of New York

 PURPOSE :

To establish a requirement that the Department of Health prepare a
report on the inspections of health facilities and clinics that
perform medical procedures and surgeries, and deliver such report to
the Governor and all legislative conference leaders.

 SUMMARY OF PROVISIONS :

Section one of this bill requires the Department of Health prepare a
report indicating the number of diagnostic and treatment centers it
licenses under Article 28 of the Public Health Law that are regulated
by 10 NYCRR Part 755 or 756, and the number of facilities that are not
defined as diagnostic and treatment centers but can still legally
perform medical procedures and surgeries in the State of New York. It
also requires the report to include the date of the most recent
inspection of each facility identified in subsections 1 and 2 that is
not accredited by the Joint Commission that was performed by the

Department of Health.

Section two of this bill requires that the Commissioner of Health
deliver such report to the Governor, the Speaker of the Assembly, the
Temporary President of the Senate, the Assembly Minority Leader, and
the Senate Minority Leader, within 180 days of enactment.

Section three of this bill provides that this act shall take effect
immediately.

 JUSTIFICATION :

Recent inquiries and Freedom of Information Law (FOIL) requests to the
Department of Health regarding the frequency of inspections of health
facilities have shown that the Department does not have this
information readily available.

It also has proven that some clinics that perform medical procedures
in our state have gone over a decade without an inspection, an
alarming fact that should be addressed legislatively. This legislation
is a preliminary step in resolving this issue and was introduced to
get a better understanding of the situation.

This measure would give the legislature a better understanding of the
frequency of health inspections at facilities that perform surgeries
and other medical facilities that do not already adhere to the
inspection requirements. The report's information would help the
legislature implement laws to better protect the residents of New York
State and ensure that all health facilities are regularly licensed by
the Department of Health are also regularly inspected.

 LEGISLATIVE HISTORY :

2015: S.5559 - Referred to Health

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S5559A (ACTIVE) - Bill Text download pdf

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

    S. 5559--A                                            A. 7525--A

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              May 14, 2015
                               ___________

IN  SENATE -- Introduced by Sen. GOLDEN -- read twice and ordered print-
  ed, 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

IN  ASSEMBLY  --  Introduced  by  M.  of A. MALLIOTAKIS -- read once and
  referred to the Committee 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  requiring  the  department of health to prepare a report on the
  inspection of certain health facilities and clinics within  the  state
  of New York

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

  Section 1. The department of health shall prepare a report  concerning
the  inspection  of  health  facilities  and clinics in the state of New
York. Such report shall include the following:
  1. The number of diagnostic and  treatment  centers  licensed  by  the
department  of health. In this section, diagnostic and treatment centers
shall mean any diagnostic and treatment centers regulated by Part 755 or
Part 756 of Title 10 of the New York Codes, Rules and Regulations.
  2. The number of facilities that are not  defined  as  diagnostic  and
treatment  centers, but can still legally perform medical procedures and
surgeries in the state of New York.
  3. The date of the most recent inspection performed by the  department
of health of each diagnostic and treatment center that is not accredited
by the joint commission.  For purposes of this paragraph, the term joint
commission  shall  mean  the  independent,  not-for-profit organization,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10472-04-6

S. 5559--A                          2                         A. 7525--A

founded in 1951, which sets standards, accredits  and  evaluates  health
care organizations and programs in the United States.
  4.  The date of the most recent inspection performed by the department
of health of each clinic or facility that is not defined as a diagnostic
and treatment center, but can still legally perform  medical  procedures
and  surgeries  in  the  state of New York, and is not accredited by the
joint commission.
  S 2. The commissioner of health  shall  deliver  such  report  to  the
governor  and  all  legislative  conference  leaders  no  later than one
hundred eighty days after the effective date of this act.
  S 3. This act shall take effect immediately.

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