Assembly Bill A5375A

2023-2024 Legislative Session

Provides person/entity with authority to operate a hospital shall be subject to approval by public health and health planning council for establishment of hospital

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Current Bill Status - On Floor Calendar


  • 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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Bill Amendments

co-Sponsors

multi-Sponsors

2023-A5375 - Details

See Senate Version of this Bill:
S8987
Law Section:
Public Health Law
Laws Affected:
Amd §2801-a, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: A877
2011-2012: A660
2013-2014: A5341
2015-2016: A841
2017-2018: A2441
2019-2020: A1147
2021-2022: A190

2023-A5375 - Summary

Makes various provisions regarding establishment of a hospital: provides that any person and various other listed entities (i.e., partnership, company, stockholder, member, corporation or other entity) with authority to operate a hospital, shall be subject to approval for establishment by the public health council (unless otherwise authorized to operate a hospital without such establishment approval); provides that any assignment or delegation of any authority to operate a hospital shall be subject to approval for establishment by the council (with certain specified exceptions); specifies circumstances under which a person, partnership, company, etc. shall be deemed to have authority to operate a hospital subject to approval for establishment by the council (with certain specified exceptions); specifies circumstances under which a person, partnership, company, etc. shall be deemed to have authority to operate a hospital (i.e., if it has decision-making authority over listed matters).

2023-A5375 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5375
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 9, 2023
                                ___________
 
 Introduced  by  M.  of A. PAULIN, L. ROSENTHAL, COLTON, SAYEGH -- Multi-
   Sponsored by -- M. of A. CARROLL, COOK, DINOWITZ, GLICK, SIMON -- read
   once and referred to the Committee on Health
 
 AN ACT to amend the public health law, in relation  to  hospital  estab-
   lishment

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 2801-a of the public  health  law,
 as amended by section 57 of part A of chapter 58 of the laws of 2010, is
 amended to read as follows:
   1.  (A)  No hospital, as defined in this article, shall be established
 except with the written approval of the public health and  health  plan-
 ning  council.  No certificate of incorporation of a business membership
 or not-for-profit corporation shall hereafter be  filed  which  includes
 among its corporate purposes or powers the establishment or operation of
 any  hospital,  as  defined  in  this  article,  or  the solicitation of
 contributions for any such purpose, or two or  more  of  such  purposes,
 except  with  the written approval of the public health and health plan-
 ning council, and when otherwise required by law of  a  justice  of  the
 supreme  court,  endorsed  on  or annexed to the certificate of incorpo-
 ration. No articles of  organization  of  a  limited  liability  company
 established pursuant to the New York limited liability company law which
 includes  among its powers or purposes the establishment or operation of
 any hospital as defined in this article, shall be filed with the depart-
 ment of state except upon the approval of the public health  and  health
 planning council.
   (B)  FOR  THE  PURPOSES  OF  THIS  SUBDIVISION, A PERSON (OTHER THAN A
 PERSON ACTING SOLELY AS A MEMBER OF THE GOVERNING BODY OF A HOSPITAL  OR
 AN  EMPLOYEE  OF A HOSPITAL), PARTNERSHIP, COMPANY, STOCKHOLDER, MEMBER,
 CORPORATION OR OTHER ENTITY SHALL BE DEEMED TO HAVE AUTHORITY TO OPERATE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09072-01-3
 A. 5375                             2
              

co-Sponsors

multi-Sponsors

2023-A5375A (ACTIVE) - Details

See Senate Version of this Bill:
S8987
Law Section:
Public Health Law
Laws Affected:
Amd §2801-a, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: A877
2011-2012: A660
2013-2014: A5341
2015-2016: A841
2017-2018: A2441
2019-2020: A1147
2021-2022: A190

2023-A5375A (ACTIVE) - Summary

Makes various provisions regarding establishment of a hospital: provides that any person and various other listed entities (i.e., partnership, company, stockholder, member, corporation or other entity) with authority to operate a hospital, shall be subject to approval for establishment by the public health council (unless otherwise authorized to operate a hospital without such establishment approval); provides that any assignment or delegation of any authority to operate a hospital shall be subject to approval for establishment by the council (with certain specified exceptions); specifies circumstances under which a person, partnership, company, etc. shall be deemed to have authority to operate a hospital subject to approval for establishment by the council (with certain specified exceptions); specifies circumstances under which a person, partnership, company, etc. shall be deemed to have authority to operate a hospital (i.e., if it has decision-making authority over listed matters).

2023-A5375A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5375--A
                                                         Cal. No. 148
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 9, 2023
                                ___________
 
 Introduced  by  M.  of A. PAULIN, L. ROSENTHAL, COLTON, SAYEGH -- Multi-
   Sponsored by -- M. of A. CARROLL, COOK, DINOWITZ, GLICK, SIMON -- read
   once and referred to the Committee on Health --  ordered  to  a  third
   reading,  amended  and  ordered  reprinted, retaining its place on the
   order of third reading
 
 AN ACT to amend the public health law, in relation  to  hospital  estab-
   lishment
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 2801-a of the public  health  law,
 as amended by section 57 of part A of chapter 58 of the laws of 2010, is
 amended to read as follows:
   1.  (A)  No hospital, as defined in this article, shall be established
 except with the written approval of the public health and  health  plan-
 ning  council.  No certificate of incorporation of a business membership
 or not-for-profit corporation shall hereafter be  filed  which  includes
 among its corporate purposes or powers the establishment or operation of
 any  hospital,  as  defined  in  this  article,  or  the solicitation of
 contributions for any such purpose, or two or  more  of  such  purposes,
 except  with  the written approval of the public health and health plan-
 ning council, and when otherwise required by law of  a  justice  of  the
 supreme  court,  endorsed  on  or annexed to the certificate of incorpo-
 ration. No articles of  organization  of  a  limited  liability  company
 established pursuant to the New York limited liability company law which
 includes  among its powers or purposes the establishment or operation of
 any hospital as defined in this article, shall be filed with the depart-
 ment of state except upon the approval of the public health  and  health
 planning council.
   (B)  FOR  THE  PURPOSES  OF  THIS  SUBDIVISION, A PERSON (OTHER THAN A
 PERSON ACTING SOLELY AS A MEMBER OF THE GOVERNING BODY OF A HOSPITAL  OR
 AN  EMPLOYEE  OF A HOSPITAL), PARTNERSHIP, COMPANY, STOCKHOLDER, MEMBER,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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