NY State Senate Bill 2023-S3609A

Senate Bill S3609A

Signed By Governor

2023-2024 Legislative Session

Enhances the scope of health equity impact assessments to require consideration of reproductive health services and maternal health care

download bill text pdf

Current Bill Status - Signed by Governor

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 08, 2023	signed chap.702
Nov 29, 2023	delivered to governor
Jun 07, 2023	returned to senate passed assembly ordered to third reading cal.74 substituted for a3113a
Mar 30, 2023	referred to health returned to assembly repassed senate
Mar 13, 2023	amended on third reading 3609b
Mar 13, 2023	vote reconsidered - restored to third reading returned to senate recalled from assembly
Mar 01, 2023	referred to health delivered to assembly passed senate
Feb 15, 2023	advanced to third reading
Feb 14, 2023	2nd report cal. amended 3609a
Feb 13, 2023	1st report cal.339
Feb 01, 2023	referred to women's issues

Votes

- Mar 30, 2023 - Floor Vote
  S3609A
  
  39
  
  Aye
  
  23
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 30, 2023
      
      aye (39)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Brisport
      
      Brouk
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Fernandez
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      Webb
      
      nay (23)
      
      Ashby
      
      Borrello
      
      Canzoneri-Fitzpatrick
      
      Felder
      
      Gallivan
      
      Griffo
      
      Helming
      
      Lanza
      
      Martinez
      
      Martins
      
      Mattera
      
      Murray
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rhoads
      
      Rolison
      
      Stec
      
      Tedisco
      
      Walczyk
      
      Weber
      
      Weik
      
      excused (1)
      
      Ramos
  Mar 1, 2023 - Floor Vote
  S3609A
  
  40
  
  Aye
  
  20
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 1, 2023
      
      aye (40)
      
      Addabbo Jr.
      
      Bailey
      
      Brisport
      
      Brouk
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Fernandez
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      Martinez
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      Webb
      
      nay (20)
      
      Ashby
      
      Borrello
      
      Canzoneri-Fitzpatrick
      
      Felder
      
      Gallivan
      
      Griffo
      
      Helming
      
      Lanza
      
      Martins
      
      Mattera
      
      Murray
      
      Ortt
      
      Palumbo
      
      Rhoads
      
      Rolison
      
      Stec
      
      Tedisco
      
      Walczyk
      
      Weber
      
      Weik
      
      excused (3)
      
      Breslin
      
      O'Mara
      
      Oberacker
  Feb 13, 2023 - Women's Issues Committee Vote
  S3609A
  
  5
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Women's Issues Committee Vote: Feb 13, 2023
      
      aye (5)
      
      Persaud
      
      Salazar
      
      Scarcella-Spanton
      
      Serrano
      
      Webb
      
      nay (1)
      
      Canzoneri-Fitzpatrick
      
      aye wr (1)
      
      Weik

Bill Amendments

Original

B (Active)

co-Sponsors

2023-S3609 - Details

Law Section:: Public Health Law
Laws Affected:: Amd §2802-b, Pub Health L

2023-S3609 - Summary

Enhances the scope of health equity impact assessments to require consideration of reproductive health services and maternal health care.

2023-S3609 - Sponsor Memo

                                 
BILL NUMBER: S3609

SPONSOR: WEBB
 
TITLE OF BILL:

An act to amend the public health law, in relation to enhancing the
scope of health equity impact assessments to require consideration of
reproductive health services and maternal health care

 
PURPOSE:

This bill would require that Health Equity Impact Assessments consider
the availability and provision of reproductive health services and
maternal health care, before the Department of Health can approve any
proposed construction, establishment, mergers, acquisitions, closures,
or reductions in hospital/health-related services.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill would amend the public health law, section 2802-b
(3) and add a new paragraph (j) to require that applicants demonstrate
how their projects will impact the availability and provision of repro-

ductive health services and maternal health care, in accordance with
existing public health law obligations.

Section 2 of the bill establishes the effective date.

 
JUSTIFICATION:

In New York State, the Certificate of Need (CoN) process didn't have
strong statutory requirements for state approval of applications for
projects seeking the construction, establishment, merger, acquisition,
closure, or reduction of a hospital or health-related service.

This issue was rectified thanks to the work of advocates and then-
Assemblymember Gottfried and Senator Rivera to codify the criteria that
must be considered, via A.191-A/S.1451-A of 2021. This legislation
established the "Health Equity Impact Assessment" that is required to be
submitted for any of the types of projects listed above.

This bill builds off the work of their efforts to require that the
Health Equity Impact Assessments include an explicit consideration of a
proposed project's impact to reproductive health services and maternal
health care. In addition, all proposed projects must demonstrate how
they plan to meet the obligations of the Reproductive Health Act.

In parts of our state we have seen an emerging threat of significant
reductions, or eliminations of reproductive health services and maternal
health care, as existing providers and health care systems face consol-
idation or changes in ownership. Hospitals often serve as the only
access point for these services, and we must ensure that they continue
uninterrupted. No patient should ever have to worry about accessing
care, due to the business decisions of health care systems.

As a national leader in the fight to protect reproductive health rights,
New York needs any and every tool to help prevent a challenge to impor-
tant health care services, and this is a necessary step to achieving
that goal.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as
Chapter 137 of the Laws of 2022 (June 22, 2023).

2023-S3609 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3609
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2023
                                ___________
 
 Introduced  by  Sen.  WEBB  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Women's Issues
 
 AN ACT to amend the public health law,  in  relation  to  enhancing  the
   scope  of health equity impact assessments to require consideration of
   reproductive health services and maternal health care

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 3 of section 2802-b of the public health law,
 as amended by chapter 137 of the laws of 2022, is amended  by  adding  a
 new paragraph (j) to read as follows:
   (J) THE EXTENT TO WHICH THE AVAILABILITY AND PROVISION OF REPRODUCTIVE
 HEALTH SERVICES AND MATERNAL HEALTH CARE IN THE APPLICANT'S SERVICE AREA
 WILL  BE AFFECTED IF THE PROJECT IS IMPLEMENTED. APPLICANTS SHALL DEMON-
 STRATE HOW THE PROJECT  WILL  MEET  THE  OBLIGATION  OF  PROVIDING  SUCH
 SERVICES,  PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-NINE-AA OF THE
 PUBLIC HEALTH LAW.
   § 2. This act shall take effect on the  same  date  and  in  the  same
 manner as chapter 137 of the laws of 2022, takes effect.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07126-01-3

co-Sponsors

2023-S3609A - Details

Law Section:: Public Health Law
Laws Affected:: Amd §2802-b, Pub Health L

2023-S3609A - Summary

Enhances the scope of health equity impact assessments to require consideration of reproductive health services and maternal health care.

2023-S3609A - Sponsor Memo

                                 
BILL NUMBER: S3609A

SPONSOR: WEBB
 
TITLE OF BILL:

An act to amend the public health law, in relation to enhancing the
scope of health equity impact assessments to require consideration of
reproductive health services and maternal health care

 
PURPOSE:

This bill would require that Health Equity Impact Assessments consider
the availability and provision of reproductive health services and
maternal health care, before the Department of Health can approve any
proposed construction, establishment, mergers, acquisitions, closures,
or reductions in hospital/health-related services.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill would amend the public health law, section 2802-b
(3) and add a new paragraph (j) to require that applicants demonstrate
how their projects will impact the availability and provision of repro-

ductive health services and maternal health care, in accordance with
existing public health law obligations.

Section 2 of the bill establishes the effective date.

 
JUSTIFICATION:

In New York State, the Certificate of Need (CoN) process didn't have
strong statutory requirements for state approval of applications for
projects seeking the construction, establishment, merger, acquisition,
closure, or reduction of a hospital or health-related service.

This issue was rectified thanks to the work of advocates and then-
Assembly Member Gottfried and Senator Rivera to codify the criteria that
must be considered, via A.191-A/S.1451-A of 2021. This legislation
established the "Health Equity Impact Assessment" that is required to be
submitted for any of the types of projects listed above.

This bill builds off the work of their efforts to require that the
Health Equity Impact Assessments include an explicit consideration of a
proposed project's impact to reproductive health services and maternal
health care. In addition, all proposed projects must demonstrate how
they plan to meet the obligations of the Reproductive Health Act.

In parts of our state we have seen an emerging threat of significant
reductions, or eliminations of reproductive health services and maternal
health care, as existing providers and health care systems face consol-
idation or changes in ownership. Hospitals often serve as the only
access point for these services, and we must ensure that they continue
uninterrupted. No patient should ever have to worry about accessing
care, due to the business decisions of health care systems.

As a national leader in the fight to protect reproductive health rights,
New York needs any and every tool to help prevent a challenge to impor-
tant health care services, and this is a necessary step to achieving
that goal.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as
Chapter 137 of the Laws of 2022 (June 22, 2023).

2023-S3609A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3609--A
     Cal. No. 339
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2023
                                ___________
 
 Introduced  by  Sens.  WEBB,  MAY -- read twice and ordered printed, and
   when printed to be committed to the Committee  on  Women's  Issues  --
   reported  favorably  from  said  committee,  ordered  to first report,
   amended on first report,  ordered  to  a  second  report  and  ordered
   reprinted, retaining its place in the order of second report
 
 AN  ACT  to  amend  the  public health law, in relation to enhancing the
   scope of health equity impact assessments to require consideration  of
   reproductive health services and maternal health care
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 2802-b of the public  health  law,
 as  amended  by  chapter 137 of the laws of 2022, is amended by adding a
 new paragraph (j) to read as follows:
   (J) THE EXTENT TO WHICH THE AVAILABILITY AND PROVISION OF REPRODUCTIVE
 HEALTH SERVICES AND MATERNAL HEALTH CARE IN THE APPLICANT'S SERVICE AREA
 WILL BE AFFECTED IF THE PROJECT IS IMPLEMENTED. APPLICANTS SHALL  DEMON-
 STRATE  HOW  THE  PROJECT  WILL  MEET  THE  OBLIGATION OF PROVIDING SUCH
 SERVICES, PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-NINE-AA OF THIS
 CHAPTER.
   § 2. This act shall take effect on the  same  date  and  in  the  same
 manner as chapter 137 of the laws of 2022, takes effect.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07126-03-3

co-Sponsors

View additional co-sponsors

2023-S3609B (ACTIVE) - Details

Law Section:: Public Health Law
Laws Affected:: Amd §2802-b, Pub Health L

2023-S3609B (ACTIVE) - Summary

Enhances the scope of health equity impact assessments to require consideration of reproductive health services and maternal health care.

2023-S3609B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3609B

SPONSOR: WEBB
 
TITLE OF BILL:

An act to amend the public health law, in relation to enhancing the
scope of health equity impact assessments to require consideration of
reproductive health services and maternal health care

 
PURPOSE:

This bill would require that Health Equity Impact Assessments consider
the availability and provision of reproductive health services and
maternal health care, before the Department of Health can approve any
proposed construction, establishment, mergers, acquisitions, closures,
or reductions in hospital/health-related services.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill would amend the public health law, section 2802-b
(3) and add a new paragraph (j) to require that applicants demonstrate
how their projects will impact the availability and provision of repro-

ductive health services and maternal health care, in accordance with
existing public health law obligations.

Section 2 of the bill establishes the effective date.

 
JUSTIFICATION:

In New York State, the Certificate of Need (CON) process didn't have
strong statutory requirements for state approval of applications for
projects seeking the construction, establishment, merger, acquisition,
closure, or reduction of a hospital or health-related service.

This issue was rectified thanks to the work of advocates and then-
Assembly Member Gottfried and Senator Rivera to codify the criteria that
must be considered, via A.191-A/S.1451-A of 2021. This legislation
established the "Health Equity Impact Assessment" that is required to be
submitted for any of the types of projects listed above.

This bill builds off the work of their efforts to require that the
Health Equity Impact Assessments include an explicit consideration of
proposed project's impact to reproductive health services and maternal
health care. In addition, all proposed projects must demonstrate how
they plan to meet the obligations of the Reproductive Health Act.

In parts of our state we have seen an emerging threat of significant
reductions, or eliminations of reproductive health services and maternal
health care, as existing providers and health care systems face consol-
idation or changes in ownership. Hospitals often serve as the only
access point for these services, and we must ensure that they continue
uninterrupted. No patient should ever have to worry about accessing
care, due to the business decisions of health care systems.

As a national leader in the fight to protect reproductive health rights,
New York needs any and every tool to help prevent a challenge to impor-
tant health care services, and this is a necessary step to achieving
that goal.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as
Chapter 137 of the Laws of 2022 (June 22, 2023).

2023-S3609B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3609--B
     Cal. No. 339
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2023
                                ___________
 
 Introduced  by Sens. WEBB, BROUK, MAY -- read twice and ordered printed,
   and when printed to be committed to the Committee on Women's Issues --
   reported favorably from  said  committee,  ordered  to  first  report,
   amended  on  first  report,  ordered  to  a  second report and ordered
   reprinted, retaining its place  in  the  order  of  second  report  --
   reported  favorably  from  said  committee,  ordered to second report,
   ordered to a third reading, passed by  Senate  and  delivered  to  the
   Assembly,  recalled,  vote  reconsidered,  restored  to third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third reading
 
 AN  ACT  to  amend  the  public health law, in relation to enhancing the
   scope of health equity impact assessments to require consideration  of
   reproductive health services and maternal health care
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 2802-b of the public  health  law,
 as  amended  by  chapter 137 of the laws of 2022, is amended by adding a
 new paragraph (j) to read as follows:
   (J) THE EXTENT TO WHICH THE AVAILABILITY AND PROVISION OF REPRODUCTIVE
 HEALTH SERVICES AND MATERNAL HEALTH CARE IN THE APPLICANT'S SERVICE AREA
 WILL BE AFFECTED IF THE PROJECT IS IMPLEMENTED. APPLICANTS SHALL  DEMON-
 STRATE HOW THE PROJECT WILL IMPACT THE DELIVERY OF STATUTORILY PROTECTED
 REPRODUCTIVE  HEALTH CARE, PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINE-
 TY-NINE-AA OF THIS CHAPTER, AND MATERNITY SERVICES.
   § 2. This act shall take effect on the  same  date  and  in  the  same
 manner as chapter 137 of the laws of 2022, takes effect.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07126-05-3

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Senate Bill S3609A

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Sponsored By

Current Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

2023-S3609 - Details

2023-S3609 - Summary

2023-S3609 - Sponsor Memo

2023-S3609 - Bill Text download pdf

co-Sponsors

2023-S3609A - Details

2023-S3609A - Summary

2023-S3609A - Sponsor Memo

2023-S3609A - Bill Text download pdf

co-Sponsors

2023-S3609B (ACTIVE) - Details

2023-S3609B (ACTIVE) - Summary

2023-S3609B (ACTIVE) - Sponsor Memo

2023-S3609B (ACTIVE) - Bill Text download pdf

Comments