NY State Senate Bill 2017-S8474

Senate Bill S8474

2017-2018 Legislative Session

Relates to convening an office-based surgery workgroup to make recommendations regarding appropriate reforms or policy changes

download bill text pdf

Archive: Last Bill Status - In Assembly 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 19, 2018	referred to health delivered to assembly passed senate
Jun 05, 2018	advanced to third reading
Jun 04, 2018	2nd report cal.
May 31, 2018	1st report cal.1504
May 08, 2018	referred to health

Votes

- Jun 19, 2018 - Floor Vote
  S8474
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2018
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (1)
      
      Croci
  May 31, 2018 - Health Committee Vote
  S8474
  
  17
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 31, 2018
      
      aye (17)
      
      Felder
      
      Golden
      
      Hannon
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Larkin
      
      Little
      
      Mayer
      
      Montgomery
      
      Murphy
      
      Persaud
      
      Ritchie
      
      Rivera
      
      Seward
      
      Stavisky
      
      Valesky

2017-S8474 (ACTIVE) - Details

See Assembly Version of this Bill:: A10929
Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Add §230-e, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5479, A543
2021-2022: S6802, A325

2017-S8474 (ACTIVE) - Summary

Convenes an office-based surgery workgroup to make recommendations regarding appropriate reforms or policy changes necessary and in the best interest of the public.

2017-S8474 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8474

SPONSOR: HANNON
 
TITLE OF BILL:

An act to amend the public health law, in relation to convening an
office-based surgery workgroup to make recommendations regarding appro-
priate reforms or policy changes necessary and in the best interest of
the public

 
PURPOSE:

To amend the Public Health Law, in relation to creating an office-based
surgery workgroup and gathering interested stakeholders across various
constituencies for the purpose of providing recommendations on preserv-
ing patient access to the office-based surgery setting.

 
SUMMARY OF PROVISIONS:

Section one of the bill establishes an office-based surgery workgroup of
nine members to be appointed by the governor; two members shall be

appointed on the recommendation of the speaker of the assembly and two
members shall be appointed on the recommendation of the temporary presi-
dent of the senate. The workgroup will review the history of the
office-based surgery industry in this state since the adoption of the
accreditation law, and the impact this law has had on the number and
distribution of OBS entities, patient access, rates of reimbursement, as
well as industry trends and comparisons with respect to cost, access and
scientific data regarding patient outcomes. The workgroup will be
charged with making recommendations to the legislature related to their
findings and the future of office-based surgery in this state. The work-
group will submit a report of their findings and recommendations by
April 1, 2019.

Section two of the bill establishes the effective date.

 
JUSTIFICATION:

In 2008, the state adopted section 230-d of the public health law,
establishing accreditation standards for office-based surgery. The Act
required that in order to ensure the highest standards of patient safe-
ty, all office-based surgery entities must be accredited and maintain
accreditation by one of the nationally recognized accrediting agencies.
In the decade since the enactment of OBS accreditation, the industry has
undergone significant change, including the loss or migration of provid-
ers and patients to the higher cost ambulatory surgery center and hospi-
tal settings. The major driver of this has been the lack of reimburse-
ment for the costs of the office based surgery venue by health insurers.

In addition to the ever-increasing health care costs, the industry has
had to comply with added state mandates regarding adverse events, and
more recently, new patient data reporting OBS surgery providers remain
concerned about the future viability of the sector. The purpose of this
bill is to bring together interested stakeholders to review the history,
current scientific data and industry trends, to explore solutions, and
make recommendations aimed at preserving the sector

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
The act shall take effect immediately.

2017-S8474 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8474
 
                             I N  S E N A T E
 
                                May 8, 2018
                                ___________
 
 Introduced  by  Sen.  HANNON -- 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  convening  an
   office-based  surgery  workgroup  to  make  recommendations  regarding
   appropriate reforms or policy changes necessary and in the best inter-
   est of the public

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 230-e to read as follows:
   § 230-E. OFFICE-BASED SURGERY WORKGROUP. 1.  AN  OFFICE-BASED  SURGERY
 WORKGROUP  SHALL BE CONVENED AND SHALL CONSIST OF NINE MEMBERS APPOINTED
 BY THE GOVERNOR. TWO MEMBERS SHALL BE APPOINTED ON THE RECOMMENDATION OF
 THE SPEAKER OF THE ASSEMBLY AND TWO MEMBERS SHALL BE  APPOINTED  ON  THE
 RECOMMENDATION  OF  THE  TEMPORARY  PRESIDENT  OF  THE  SENATE AND SHALL
 CONSIST OF TWO REPRESENTATIVES OF THE OFFICE-BASED SURGERY INDUSTRY, ONE
 REPRESENTATIVE OF HEALTH PLANS, ONE REPRESENTATIVE OF THE  ACCREDITATION
 AGENCIES,  ONE REPRESENTATIVE OF A STATEWIDE SOCIETY REPRESENTING PHYSI-
 CIANS AND TWO CONSUMERS AND SHALL BE CO-CHAIRED BY THE SUPERINTENDENT OF
 FINANCIAL SERVICES AND THE COMMISSIONER.  SUCH  REPRESENTATIVES  OF  THE
 WORKGROUP  MUST  REPRESENT  DIFFERENT  REGIONS OF THE STATE. THE MEMBERS
 SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES BUT  SHALL  BE  ALLOWED
 THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR
 DUTIES.
   2.  THE  WORKGROUP  SHALL  REVIEW  THE HISTORY OF OFFICE-BASED SURGERY
 SINCE ENACTMENT OF ACCREDITATION REQUIREMENTS FOR  OFFICE-BASED  SURGERY
 ENTITIES  PURSUANT TO SECTION TWO HUNDRED THIRTY-D OF THIS TITLE AND ANY
 IMPACTS INCLUDING TRENDS, UPWARDS OR DOWNWARDS, IN SIZE,  SPECIALTY  AND
 GEOGRAPHIC  DISTRIBUTION  OF  OFFICE-BASED SURGERY PRACTICES AND COMPAR-
 ISONS WITH OTHER OUT-PATIENT SURGICAL  SETTINGS  ESPECIALLY  RELATED  TO
 PATIENT  ACCESS, SAFETY AND RATES OF REIMBURSEMENT PAID BY HEALTH PLANS.
 BASED ON THIS REVIEW, SUCH WORKGROUP SHALL MAKE RECOMMENDATIONS  REGARD-
 ING  APPROPRIATE  REFORMS  OR  POLICY  CHANGES NECESSARY AND IN THE BEST
 INTEREST OF THE PUBLIC AND CONSIDERING THE FOLLOWING FACTORS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15775-01-8

 S. 8474                             2
 
   (A) CURRENT SCIENTIFIC OR MEDICAL RESEARCH DIRECTLY EXAMINING  OFFICE-
 BASED SURGERY AND PATIENT OUTCOMES;
   (B) TRENDS IN ACCESS TO OUT-PATIENT SURGICAL CARE;
   (C) TRENDS IN REIMBURSEMENT RATES FOR OUT-PATIENT SURGICAL CARE ACROSS
 ALL SETTINGS AND THE ACTUAL COSTS OF OUT-PATIENT SURGICAL CARE;
   (D) REGIONAL DIFFERENCES REGARDING ACCESS AND COSTS;
   (E)  THE IMPACT RATES OF REIMBURSEMENT ACROSS SETTINGS HAVE ON CONSUM-
 ERS WHO ACCESS OUT-PATIENT SURGERY SERVICES;
   (F) THE IMPACT RATES OF REIMBURSEMENT ACROSS SETTINGS HAVE  ON  HEALTH
 PLAN PREMIUM COSTS;
   (G)  PATIENT CLAIMS DATA FROM ALL HEALTH PLANS BOTH PUBLIC AND PRIVATE
 AS WELL AS CHARGE DATA FROM MEDICAL PROFESSIONALS AND  HOSPITALS  AVAIL-
 ABLE  THROUGH  THE  ALL  PAYER DATABASE AND OFFICE-BASED SURGERY RELATED
 DATA REQUIRED PURSUANT TO SECTION TWO HUNDRED THREE-D OF THIS TITLE; AND
   (H) OTHER ISSUES DEEMED APPROPRIATE BY MEMBERS OF  THE  WORKGROUP  AND
 EITHER THE SUPERINTENDENT OF FINANCIAL SERVICES OR THE COMMISSIONER.
   3.  THE WORKGROUP SHALL REVIEW THE AVAILABILITY OF OUT-PATIENT SURGERY
 SERVICES IN TERMS OF PATIENT ACCESS AND COST BY REGION OF THE STATE  AND
 MAKE RECOMMENDATIONS TAKING INTO CONSIDERATION THE FOLLOWING FACTORS:
   (A)  THE  EXTENT  TO  WHICH  OFFICE-BASED SURGERY IS AVAILABLE IN EACH
 REGION IN THIS STATE;
   (B) THE EXTENT TO WHICH AND DIVERSITY OF SPECIALTIES  IN  OFFICE-BASED
 SURGERY  IS  AVAILABLE IN EVERY REGION IN THIS STATE, INCLUDING THE MOST
 COMMON SPECIALTIES AND SUBSPECIALTY SERVICES; AND
   (C) OTHER ISSUES DEEMED APPROPRIATE BY THE MEMBERS  OF  THE  WORKGROUP
 AND EITHER THE SUPERINTENDENT OF FINANCIAL SERVICES OR THE COMMISSIONER.
   4.  THE  WORKGROUP  SHALL REPORT ITS FINDINGS AND MAKE RECOMMENDATIONS
 FOR LEGISLATION AND REGULATIONS TO THE  GOVERNOR,  THE  SPEAKER  OF  THE
 ASSEMBLY,  THE  SENATE  MAJORITY LEADER, THE CHAIRS OF THE INSURANCE AND
 HEALTH COMMITTEES IN BOTH THE ASSEMBLY AND THE SENATE,  AND  THE  SUPER-
 INTENDENT  OF FINANCIAL SERVICES NO LATER THAN APRIL FIRST, TWO THOUSAND
 NINETEEN.
   § 2. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.