S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    158
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 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-Z OF
 THIS ARTICLE.
   § 2. The public health law is amended by adding a new  section  2805-z
 to read as follows:
   §  2805-Z. 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
 PRACTICE PLANS OR PRIVATE PHYSICIAN PRACTICES, REGARDLESS OF A PATIENT'S
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00861-01-7

 S. 158                              2
 
 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
 EIGHTEEN, 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.
   §  3.  This act shall take effect immediately, except that section one
 of this act shall take effect on October 1, 2018 and the  provisions  of
 such section shall apply to community service plans due and submitted on
 or after such date.