S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3693
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced by M. of A. GLICK, WEINSTEIN -- read once and referred to the
   Committee on Health
 
 AN  ACT  to  amend  the public health law, in relation to diagnostic and
   treatment centers providing care to the indigent  which  are  eligible
   for the allocation of state funds

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 2 of  section  2807-p  of  the
 public  health  law, as amended by section 55 of part A of chapter 58 of
 the laws of 2007, is amended to read as follows:
   (a) "Eligible diagnostic and treatment centers", for purposes of  this
 section, shall mean voluntary non-profit and publicly sponsored diagnos-
 tic  and  treatment  centers  providing a comprehensive range of primary
 health care services, OR IS  A  FREESTANDING  DIAGNOSTIC  AND  TREATMENT
 CENTER  RECEIVING  A  COMPREHENSIVE  FAMILY PLANNING REPRODUCTIVE HEALTH
 SERVICES GRANT FROM THE DEPARTMENT, which can  demonstrate  losses  from
 disproportionate  share  of  uncompensated care during a base period two
 years prior to the grant period; provided that for periods on and  after
 January  first,  two  thousand four an eligible diagnostic and treatment
 center shall not include any voluntary non-profit diagnostic and  treat-
 ment  center  controlling,  controlled by or under common control with a
 health maintenance  organization,  as  defined  by  subdivision  one  of
 section  forty-four  hundred  one of this chapter; provided further that
 for purposes of this section, a health  maintenance  organization  shall
 not  include a prepaid health services plan licensed pursuant to section
 forty-four hundred three-a of this chapter. For  periods  on  and  after
 July  first,  two  thousand  three, the base period and the grant period
 shall be the calendar year.
   § 2. Paragraph (c) of subdivision 3 of section 2807-p  of  the  public
 health law, as amended by section 55 of part A of chapter 58 of the laws
 of 2007, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03092-01-7

 A. 3693                             2
 
   (c)  To  be  eligible  for an allocation of funds or a rate adjustment
 pursuant to this section, a diagnostic and treatment center must provide
 a comprehensive range of primary health care services,  OR  IS  A  FREE-
 STANDING DIAGNOSTIC AND TREATMENT CENTER RECEIVING A COMPREHENSIVE FAMI-
 LY  PLANNING REPRODUCTIVE HEALTH SERVICES GRANT FROM THE DEPARTMENT, and
 must demonstrate that a minimum of five percent of total  clinic  visits
 reported  during the applicable base year period were to uninsured indi-
 viduals. The commissioner may retrospectively reduce the allocations  of
 funds or the rate adjustments to a diagnostic and treatment center if it
 is  determined that provider management actions or decisions have caused
 a significant reduction for the grant period in the delivery of  compre-
 hensive  primary health care services to uncompensated care residents of
 the community.
   § 3. This act shall take effect April 1, 2018.