S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10470
 
                           I N  A S S E M B L Y
 
                               May 22, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Fall) --
   read once and referred to the Committee on Health
 
 AN ACT to amend the public health law, in relation to specifying  proce-
   dures  for the closure and/or decertification of diagnostic and treat-
   ment centers
 
   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
 2828 to read as follows:
   § 2828. CLOSURE OF DIAGNOSTIC AND TREATMENT CENTERS. 1.  IN THE  EVENT
 THAT  AN  OPERATOR  OF A DIAGNOSTIC AND TREATMENT CENTER ORGANIZED UNDER
 THIS ARTICLE ELECTS TO CLOSE AND TO SURRENDER AN  OPERATING  CERTIFICATE
 AND/OR CERTIFICATION AS A DIAGNOSTIC AND TREATMENT CENTER, THE FOLLOWING
 PROVISIONS SHALL APPLY:
   (A)  THE  OPERATOR SHALL NOTIFY THE APPROPRIATE REGIONAL OFFICE OF THE
 DEPARTMENT IN WRITING PRIOR TO THE ANTICIPATED DATE OF  CLOSURE  OF  THE
 DIAGNOSTIC AND TREATMENT CENTER AND/OR THE DECERTIFICATION OF SUCH DIAG-
 NOSTIC AND TREATMENT CENTER.
   (B)  SUCH  WRITTEN  NOTICE  SHALL  INCLUDE A PROPOSED PLAN FOR CLOSURE
 AND/OR DECERTIFICATION. THE PLAN SHALL BE SUBJECT TO THE APPROVAL OF THE
 COMMISSIONER, SHALL INCLUDE TIMETABLES FOR ALL  STEPS  ENTAILED  IN  THE
 CLOSURE PROCESS AND SHALL DESCRIBE THE PROCEDURES AND ACTIONS THE OPERA-
 TOR WILL TAKE TO:
   (I)  NOTIFY  PATIENTS  WHO  HAVE  VISITED THE DIAGNOSTIC AND TREATMENT
 CENTER WITHIN THE PAST YEAR OR THE REPRESENTATIVES OF SUCH  PATIENTS  OF
 THE CLOSURE, AND/OR DECERTIFICATION;
   (II)  NOTIFY PATIENTS OR THE REPRESENTATIVES OF SUCH PATIENTS OF OTHER
 DIAGNOSTIC AND TREATMENT CENTERS IN THEIR AREA; AND
   (III) MAINTAIN COMPLIANCE WITH APPROVED PLAN UNTIL ALL PRIOR  PATIENTS
 HAVE BEEN NOTIFIED PURSUANT TO THIS SUBDIVISION.
   2.  THE  OPERATOR  SHALL  TAKE  NO  ACTION TO CLOSE THE DIAGNOSTIC AND
 TREATMENT CENTER PRIOR TO APPROVAL FROM THE COMMISSIONER OF THE PLAN FOR
 CLOSURE AND/OR DECERTIFICATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16393-01-0

 A. 10470                            2
 
   3. AS PART OF THE FINAL APPROVAL OF THE CLOSURE PLAN, THE  DEPARTMENT,
 CENTER FOR HEALTH CARE QUALITY AND SURVEILLANCE AND OPERATOR SHALL AGREE
 UPON  A  TARGET CLOSURE DATE, WHICH SHALL BE AT LEAST ONE HUNDRED TWENTY
 DAYS FROM THE ACTUAL DATE THAT THE OPERATOR PROVIDES  WRITTEN  NOTIFICA-
 TION  TO  THE  PATIENTS AND THE PATIENTS' REPRESENTATIVES OF THE CLOSURE
 PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
   4. FAILURE TO NOTIFY THE DEPARTMENT OF  INTENT  TO  CEASE  OPERATIONS,
 FAILURE  TO SUBMIT A PLAN FOR CLOSURE AND/OR DECERTIFICATION, FAILURE TO
 EXECUTE THE APPROVED PLAN FOR CLOSURE AND/OR DECERTIFICATION AND CLOSING
 A DIAGNOSTIC AND TREATMENT  CENTER  BEFORE  ALL  PATIENTS  OR  PATIENTS'
 REPRESENTATIVES  WHO ARE REQUIRED TO BE NOTIFIED PURSUANT TO SUBDIVISION
 ONE OF THIS SECTION HAVE BEEN APPROPRIATELY NOTIFIED,  SHALL  RESULT  IN
 THE  IMPOSITION  OF CIVIL PENALTIES IN ACCORDANCE WITH SECTION TWELVE OF
 THIS CHAPTER.  NO SUCH CIVIL PENALTY SHALL BE IMPOSED WHERE THE OPERATOR
 IS UNABLE TO NOTIFY A PATIENT OR PATIENTS'  REPRESENTATIVE  PURSUANT  TO
 SUBDIVISION  ONE  OF  THIS  SECTION,  AND  THE OPERATOR HAS NOTIFIED THE
 DEPARTMENT OF SUCH INABILITY TO NOTIFY A PATIENT OR PATIENTS'  REPRESEN-
 TATIVE, INCLUDING A DESCRIPTION OF THE GOOD FAITH ATTEMPT MADE TO NOTIFY
 SUCH PATIENT OR PATIENTS' REPRESENTATIVE.
   5. THE COMMISSIONER MAY PROMULGATE SUCH RULES AND REGULATIONS AS HE OR
 SHE DEEMS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law, and shall apply to all
 closures of diagnostic and treatment centers occurring on or after  such
 effective date; provided, however, that effective immediately, the addi-
 tion,  amendment  and/or  repeal of any rule or regulation necessary for
 the implementation of this act on its effective date are authorized  and
 directed to be made and completed on or before such effective date.