NY State Senate Bill 2019-S5479

Senate Bill S5479

2019-2020 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 Senate Committee Health 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to health
May 02, 2019	referred to health

2019-S5479 (ACTIVE) - Details

See Assembly Version of this Bill:: A543
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §230-e, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8474, A10929
2021-2022: S6802, A325

2019-S5479 (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.

2019-S5479 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5479

SPONSOR: RIVERA
 
TITLE OF BILL:  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 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, 2020.

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:

S8474 of 2018 passed Senate

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
The act shall take effect immediately.

2019-S5479 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5479
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                May 2, 2019
                                ___________
 
 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  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03126-01-9

 S. 5479                             2
 
 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:
   (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 THIRTY-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
 TWENTY.
   § 2. This act shall take effect immediately.

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