S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5307
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced  by  M. of A. DINOWITZ, RAGA -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health  law,  in  relation  to  creating  the
   office of healthcare accountability
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Article 1 of the public health law is amended by  adding  a
 new title 4 to read as follows:
                                  TITLE 4
                    OFFICE OF HEALTHCARE ACCOUNTABILITY
 SECTION 40. OFFICE OF HEALTHCARE ACCOUNTABILITY.
         41. DEFINITIONS.
         42. POWERS AND DUTIES.
         43. REPORTING.
   § 40. OFFICE OF HEALTHCARE ACCOUNTABILITY. THERE IS HEREBY ESTABLISHED
 WITHIN  THE  DEPARTMENT  AN  OFFICE  OF  HEALTHCARE ACCOUNTABILITY. SUCH
 OFFICE SHALL BE HEADED BY A DIRECTOR OF HEALTHCARE  ACCOUNTABILITY,  WHO
 SHALL BE APPOINTED BY THE COMMISSIONER.
   § 41. DEFINITIONS.  FOR  PURPOSES  OF  THIS TITLE, THE FOLLOWING TERMS
 HAVE THE FOLLOWING MEANINGS:
   1. "DIRECTOR" SHALL MEAN THE DIRECTOR OF HEALTHCARE ACCOUNTABILITY.
   2. "OFFICE" SHALL MEAN THE OFFICE OF HEALTHCARE ACCOUNTABILITY.
   § 42. POWERS AND DUTIES. THE DIRECTOR SHALL HAVE THE  POWER  AND  DUTY
 TO:
   1.  PROVIDE  RECOMMENDATIONS TO THE GOVERNOR, LEGISLATURE, STATE COMP-
 TROLLER, AND TRUSTEES OF THE STATE PENSION SYSTEMS REGARDING  HEALTHCARE
 AND  HOSPITAL  COSTS,  INCLUDING,  BUT NOT LIMITED TO, THE PROPORTION OF
 HEALTHCARE COSTS SPENT ON HOSPITAL CARE;
   2. AUDIT EXPENDITURES ON HEALTHCARE COSTS FOR STATE  EMPLOYEES,  STATE
 RETIREES, AND THEIR DEPENDENTS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09629-03-3
 A. 5307                             2
              

 
   3.  PROVIDE,  ON  THE  OFFICE'S  WEBSITE  IN A SIMPLIFIED AND PUBLICLY
 ACCESSIBLE FORMAT, INFORMATION ON THE COSTS OF HOSPITAL PROCEDURES. SUCH
 INFORMATION SHALL BE BASED ON ANY PUBLICLY AVAILABLE INFORMATION  RELAT-
 ING  TO  THE COST OF HOSPITAL PROCEDURES, INCLUDING DISCLOSURES REQUIRED
 PURSUANT  TO  STATE  AND FEDERAL LAW, AND SHALL BE FORMATTED IN A WAY TO
 ALLOW FOR COMPARISONS BETWEEN PROCEDURE COSTS  FOR  SPECIFIC  HOSPITALS;
 AND
   4.  PROVIDE ON THE OFFICE'S WEBSITE A SUMMARY OF THE COST TRANSPARENCY
 OF EACH HOSPITAL IN THE STATE, CATEGORIZING EACH HOSPITAL AS VERY TRANS-
 PARENT, SATISFACTORY, OR NOT TRANSPARENT. SUCH SUMMARY SHALL BE  UPDATED
 AT  LEAST  ANNUALLY AND SHALL BE BASED ON THE OFFICE'S ASSESSMENT OF THE
 INFORMATION THAT EACH HOSPITAL HAS DISCLOSED RELATING  TO  THE  COST  OF
 HOSPITAL PROCEDURES, INCLUDING:
   (A) WHETHER SUCH DISCLOSURES COMPLY WITH THE REQUIREMENTS OF STATE AND
 FEDERAL LAW; AND
   (B)  WHETHER  SUCH  DISCLOSURES  WERE  PROVIDED WITHIN THE TIME PERIOD
 REQUIRED BY STATE AND FEDERAL LAW.
   § 43. REPORTING. ONE YEAR AFTER THE EFFECTIVE DATE OF THIS TITLE,  AND
 ANNUALLY  THEREAFTER,  THE  DIRECTOR  SHALL  SUBMIT TO THE GOVERNOR, THE
 TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND  THE
 ATTORNEY  GENERAL, AND SHALL POST CONSPICUOUSLY ON THE OFFICE'S WEBSITE,
 A REPORT DETAILING THE PRICING PRACTICES FOR  HOSPITAL  SYSTEMS  IN  NEW
 YORK  STATE.  SUCH  REPORT  SHALL  INCLUDE,  BUT  NOT BE LIMITED TO, THE
 FOLLOWING:
   1. A SUMMARY OF ANY AUDITS CONDUCTED PURSUANT TO  SUBDIVISION  TWO  OF
 SECTION  FORTY-TWO OF THIS TITLE, INCLUDING THE COSTS OF HOSPITAL PROCE-
 DURES PAID FOR BY THE STATE DISAGGREGATED BY HOSPITAL;
   2. A SUMMARY OF PRICES CHARGED FOR HOSPITAL  PROCEDURES  DISAGGREGATED
 BY:
   (A) HOSPITAL;
   (B) TYPE OF PROCEDURE, AND;
   (C)  TO  THE  EXTENT  AVAILABLE,  THE  AVERAGE  RATE  OF REIMBURSEMENT
 RECEIVED BY THE HOSPITAL FROM EACH HEALTH INSURANCE  PROVIDER  OR  OTHER
 PAYER FOR EACH PROCEDURE;
   3.  A  SUMMARY  OF  EACH  HOSPITAL'S LEVEL OF TRANSPARENCY PURSUANT TO
 SUBDIVISION FOUR OF SECTION FORTY-TWO OF THIS TITLE;
   4. TO THE EXTENT  AVAILABLE,  A  BREAKDOWN  OF  EACH  MAJOR  INSURANCE
 PROVIDER'S  AND OTHER PAYER'S PROFIT MARGINS, EMPLOYEE HEADCOUNTS, OVER-
 HEAD COSTS, AND EXECUTIVE SALARIES AND BONUSES; AND
   5. TO THE EXTENT AVAILABLE, A SUMMARY  OF  EACH  HOSPITAL'S  COMMUNITY
 BENEFIT  INFORMATION  AS  PUBLICLY  REPORTED  ON  THE  INTERNAL  REVENUE
 SERVICE'S FORM 990, SCHEDULE H, AS REQUIRED PURSUANT TO  SECTION  501(R)
 OF  THE  INTERNAL  REVENUE  SERVICE  CODE,  AND EACH HOSPITAL'S PUBLICLY
 AVAILABLE IMPLEMENTATION REPORT REGARDING THE HOSPITAL'S PERFORMANCE  IN
 MEETING  THE  HEALTHCARE  NEEDS OF THE COMMUNITY, PROVIDING CHARITY CARE
 SERVICES, AND IMPROVING ACCESS TO  HEALTHCARE  SERVICES  BY  THE  UNDER-
 SERVED,  AS  REQUIRED  PURSUANT  TO SUBDIVISION THREE OF SECTION TWENTY-
 EIGHT HUNDRED THREE-L OF THIS CHAPTER.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.