BILL NUMBER: S6086

SPONSOR: BRESLIN
 
TITLE OF BILL:

An act to amend the public health law, in relation to adding a represen-
tative of freestanding ambulatory surgery centers to the public  health
and health planning council

 
PURPOSE OR GENERAL IDEA OF BILL:

To add a representative of freestanding ambulatory surgery centers to
the Public Health and Health Planning Council.

 
SUMMARY OF PROVISIONS:

Section 1 amends Public Health Law § 220 to raise the number of
appointed members of the Public Health and Health Planning Council
(PHHPC) from 25 to 26, and to require that the additional member be a
representative of freestanding ambulatory surgery centers.

Section 2 is the effective date: immediate.
              

 
JUSTIFICATION:

Freestanding ambulatory surgery centers are a growing and increasingly
important part of the health care delivery system in New York State.  As
of March 2021, there were over 160 FASCs in operation ranging from
single specialty to multi-specialty. FASCs provide high quality, safe,
convenient, and cost-efficient surgical care. According to data
presented to the PHHPC by the NYS Department of Health in May 2019, 87
FASCs were approved for licensure between 2008 and 2018, while only one
application was disapproved.

According to the NYSDOH, the percentage of procedures performed in ASCs
that were performed in FASCs almost tripled from 2007 to 2017, from
10.7% to 30.7%. With the ongoing growth of technology that reduces the
invasiveness of many surgeries, the types of procedures that are safely
performed in ASCs has and will continue to grow.. By one estimate, more
than 2,000 different procedures are able to be safely performed at ASCs
includingthe most common:cataractsurgeries, colonoscopies, endoscopies
and orthopedic procedures. In fact, the same NYSDOH data showed that
between 2007 and 2017, the percentage of colonoscopies and biopsies that
were performed in ASCs, that were performed in freestanding centers more
than doubled, from 20.3% to 46.1%. It is a reasonable expectation that
the trend will continue.  The role of ASCs became further evident during
the COVID-19 pandemic to assure continued access to non-emergent
surgeries, which are important to prevent disease progression and
exacerbation of symptoms.

With its important health care planning and policy responsibilities,
PHHPC needs to be inclusive of all stakeholders in the state's delivery
system. The PHHPC makes decisions and recommendations to the Commission-
er of Health regarding health care facility establishment, transfer,
construction, and services, and Health Department regulations. It
addresses policy matters related to health planning, finance and
reimbursement, public health, and other areas to ensure adequate access
to high-quality, patient-centered care. The role that freestanding ambu-

latory surgery centers play in New York State affects all of those poli-
cy areas, and therefore should have a representative on PHHPC.

PHHPC currently has 25 members appointed by the Governor with the advice
and consent of the Senate. About half of the appointed members represent
specific categories, such as nursing homes, behavioral health, and
insurance companies; the other members are chosen from an extremely
broad category encompassing practically the entirety of health care
provision and payment. Currently, no member of PHHPC is a representative
of freestanding ambulatory surgery centers, which is an important
perspective to include as PHHPC deliberates on CONs and regulations
impacting the health care delivery system and patients it serves.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.