S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9049
 
                             I N  S E N A T E
 
                              April 12, 2024
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- 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 the  hospital-home
   care-physician collaboration program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Legislative intent. The legislature recognizes and  reiter-
 ates  that  the  intent of section 2805-x of the public health law is to
 establish a framework to  support  voluntary  initiatives  that  improve
 patient care access and management. The statute authorizes the waiver of
 regulations  by  the  commissioner  of health in order to accomplish the
 purposes of the approved initiatives. However,  the  statute  was  never
 intended  to allow the waiver of statutory obligations, including statu-
 tory obligations related to the certificate of need process.  Similarly,
 the statute was not intended to allow the approval of  projects  without
 public  notice that would otherwise be required, as notification and the
 opportunity to offer comments on proposed projects are critical elements
 in determining the worthiness of any application  claiming  to  meet  an
 unmet  or  new  need.  Accordingly,  the intent of this act is to ensure
 public notice and opportunity to comment  on  projects  to  be  approved
 under public health law section 2805-x prior to approval, and to clarify
 that statutory certificate of need obligations continue to apply to such
 projects.
   §  2.  Subdivision  3  of  section 2805-x of the public health law, as
 added by section 48 of part B of chapter 57 of  the  laws  of  2015,  is
 amended to read as follows:
   3.  (A) The commissioner is authorized to provide financing including,
 but not limited to, grants or positive adjustments in medical assistance
 rates or premium payments, to the extent of funds  available  and  allo-
 cated  or  appropriated  therefor, including funds provided to the state
 through federal waivers, funds made available  through  state  appropri-
 ations  and/or  funding  through section twenty-eight hundred seven-v of
 this article, as well as waivers of regulations under title ten  of  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14436-01-4
              

 S. 9049                             2
 
 New  York  codes, rules and regulations, to support the voluntary initi-
 atives and objectives of this section.
   (B)  NO  APPLICATION FOR A WAIVER OF ANY REGULATION UNDER TITLE TEN OF
 THE NEW YORK CODES, RULES AND  REGULATIONS  SHALL  BE  APPROVED  BY  THE
 COMMISSIONER UNLESS, PRIOR TO BEING APPROVED, NOTICE OF SUCH APPLICATION
 SHALL  BE  SUBMITTED  TO  THE  SECRETARY OF STATE FOR PUBLICATION IN THE
 STATE REGISTER, AND THE PUBLIC  SHALL  BE  AFFORDED  AN  OPPORTUNITY  TO
 SUBMIT  COMMENTS  ON  THE APPLICATION, AT LEAST SIXTY DAYS PRIOR TO SUCH
 APPROVAL, CONSISTENT WITH SECTION TWO HUNDRED TWO OF THE STATE  ADMINIS-
 TRATIVE PROCEDURE ACT.
   (C)  IN  NO  EVENT SHALL ANY WAIVER OF A REGULATION UNDER TITLE TEN OF
 THE NEW YORK CODES, RULES AND  REGULATIONS  INCLUDE  THE  WAIVER  OF  AN
 APPLICANT'S OBLIGATION TO MEET PUBLIC NEED, CHARACTER AND COMPETENCE, OR
 FINANCIAL  FEASIBILITY  REQUIREMENTS  PURSUANT  TO SECTIONS TWENTY-EIGHT
 HUNDRED ONE-A, THIRTY-SIX HUNDRED SIX OR  FOUR  THOUSAND  FOUR  OF  THIS
 CHAPTER.
   § 3. This act shall take effect immediately.