S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2395
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced by M. of A. PICHARDO -- read once and referred to the Commit-
   tee 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
 SOURCE OF COVERAGE OR PAYMENT. SUCH POLICIES SHALL BE INCORPORATED WITH-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05455-01-9

 A. 2395                             2
 
 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
 TWENTY, 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, 2020 and the  provisions  of
 such section shall apply to community service plans due and submitted on
 or after such date.