S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3862
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced  by  M. of A. ROZIC, REYES, STIRPE, R. CARROLL, SIMON, GONZA-
   LEZ-ROJAS,  HEVESI,  DINOWITZ,  SEAWRIGHT,  JACOBSON,  KELLES,  STECK,
   GLICK,  ROSENTHAL,  BARRETT,  OTIS  --  read  once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law and the insurance law, in relation
   to providing information to patients and the public on hospital  rule-
   based exclusions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. The legislature finds that since 2003
 more than 40 community hospitals in New York state have closed.
   The legislature additionally  finds  that  as  a  result  of  hospital
 consolidation,  large  health  care  systems  now  control  more than 70
 percent of acute hospital beds in the state and that these systems some-
 times remove categories of care from local hospitals,  leaving  patients
 in  regions  of  the  state  without access to particular types of care,
 including some types of emergency care.
   The legislature further finds that patients do not have the ability to
 determine whether health care facilities in their area provide the  care
 they  seek,  because  information about how facility restrictions impact
 options for care is too difficult to obtain.
   The legislature also finds that denials and poor access  to  care  can
 lead  to  serious  adverse  health  impacts that jeopardize individuals'
 lives and wellbeing and that New York needs to  understand  health  care
 gaps and their impact statewide.
   Finally, the legislature finds that some denials of care violate state
 and federal law.
   §  2. The public health law is amended by adding a new section 2803-bb
 to read as follows:
   § 2803-BB. HOSPITAL  RULE-BASED  EXCLUSIONS.    1.  AS  USED  IN  THIS
 SECTION,  "HOSPITAL RULE-BASED EXCLUSIONS" MEANS ANY CRITERIA, RULES, OR

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04973-02-5
              

 A. 3862                             2
 
 POLICIES, WHETHER WRITTEN OR UNWRITTEN,  FORMALLY  ADOPTED  OR  DRAFTED,
 ENDORSED  BY  THE  GENERAL HOSPITAL OR FOLLOWED FROM AN EXTERNAL SOURCE,
 THAT RESTRICT A GENERAL HOSPITAL FROM PROVIDING TYPES OF CARE  THAT  THE
 GENERAL  HOSPITAL  IS LICENSED TO PROVIDE OR THAT RESTRICT THE PROVISION
 OF CARE TO CATEGORIES OF PATIENTS ON THE  BASIS  OF  ANY  CHARACTERISTIC
 PROTECTED UNDER SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW THAT
 THE  GENERAL  HOSPITAL  IS  LICENSED  TO PROVIDE.   "HOSPITAL RULE-BASED
 EXCLUSIONS" SHALL INCLUDE, BUT  NOT  BE  LIMITED  TO,  OBJECTIONS  UNDER
 SECTION  TWENTY-NINE  HUNDRED EIGHTY-FOUR OR TWENTY-NINE HUNDRED NINETY-
 FOUR-N OF THIS CHAPTER.   "HOSPITAL  RULE-BASED  EXCLUSIONS"  SHALL  NOT
 INCLUDE  RESTRICTIONS BASED ON LACK OF EQUIPMENT, AVAILABLE BED SPACE IN
 THE FACILITY, OR INSURANCE DENIAL.
   2. (A) THE COMMISSIONER SHALL COLLECT FROM  EACH  GENERAL  HOSPITAL  A
 LIST  OF  ITS  HOSPITAL  RULE-BASED EXCLUSIONS ON AN ANNUAL BASIS.  EACH
 GENERAL HOSPITAL SHALL FURNISH A LIST OF HOSPITAL RULE-BASED  EXCLUSIONS
 TO THE DEPARTMENT, IMMEDIATELY UPON REQUEST.
   (B)  THE  COMMISSIONER  SHALL  PUBLISH  ON  THE DEPARTMENT'S WEBSITE A
 CURRENT LIST OF ALL OF THE GENERAL HOSPITALS  WITH  HOSPITAL  RULE-BASED
 EXCLUSIONS  AND  THE  HOSPITAL  RULE-BASED  EXCLUSIONS  FOR EACH GENERAL
 HOSPITAL NOT LATER THAN SIX MONTHS AFTER  THE  EFFECTIVE  DATE  OF  THIS
 SECTION. THE COMMISSIONER SHALL UPDATE THIS LIST ON AN ANNUAL BASIS. THE
 COMMISSIONER,  IN  CONSULTATION  WITH  EXPERTS  IN  HEALTH  CARE ACCESS,
 PATIENT ADVOCACY, TYPES OF HEALTH CARE THAT ARE FREQUENTLY INACCESSIBLE,
 AND HOSPITAL  ADMINISTRATION  SHALL  PROMULGATE  RULES  AND  REGULATIONS
 CREATING STANDARDIZED LANGUAGE FOR THIS LIST TO ENSURE THAT IT IS READI-
 LY  UNDERSTANDABLE TO PATIENTS, PROSPECTIVE PATIENTS, AND MEMBERS OF THE
 PUBLIC.
   (C) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS  SECTION  AND  EVERY
 FIVE  YEARS  THEREAFTER,  THE  COMMISSIONER SHALL SUBMIT A REPORT TO THE
 TEMPORARY PRESIDENT OF THE  SENATE  AND  THE  SPEAKER  OF  THE  ASSEMBLY
 REGARDING  HOSPITAL RULE-BASED EXCLUSIONS IN THE STATE AND THE IMPACT OF
 SUCH HOSPITAL RULE-BASED EXCLUSIONS ON PATIENTS' ABILITY TO ACCESS QUAL-
 ITY, COMPREHENSIVE, AFFORDABLE CARE NEAR THEIR  RESIDENCES  AND  WHETHER
 AND  HOW ACCESS TO CARE VARIES BY COMMUNITY, AS WELL AS BY RACE, GENDER,
 ETHNICITY, SEXUAL ORIENTATION, GENDER IDENTITY OR GENDER EXPRESSION, AND
 SOCIOECONOMIC STATUS, ACROSS THE STATE. THE REPORT SHALL BE MADE PUBLIC-
 LY AVAILABLE ON THE DEPARTMENT'S WEBSITE.
   (D) THE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS  AS  MAY  BE
 NECESSARY  AND  PROPER  TO  CARRY OUT EFFECTIVELY THE PROVISIONS OF THIS
 SECTION.
   § 3. Subdivision 1 of section 2803 of the public health law is amended
 by adding a new paragraph (m) to read as follows:
   (M) THE  STATEMENT  REGARDING  PATIENT  RIGHTS  AND  RESPONSIBILITIES,
 REQUIRED PURSUANT TO PARAGRAPH (G) OF THIS SUBDIVISION, SHALL INCLUDE AN
 EXPLANATION  OF HOSPITAL RULE-BASED EXCLUSIONS AND A LINK TO THE SECTION
 OF THE DEPARTMENT'S WEBSITE REQUIRED IN PARAGRAPH (B) OF SUBDIVISION TWO
 OF SECTION TWENTY-EIGHT HUNDRED THREE-BB OF THIS ARTICLE.  EACH  GENERAL
 HOSPITAL'S  WEBSITE  SHALL  PROMINENTLY LINK TO THE DEPARTMENT'S WEBSITE
 REQUIRED IN PARAGRAPH (B) OF SUBDIVISION  TWO  OF  SECTION  TWENTY-EIGHT
 HUNDRED THREE-BB OF THIS ARTICLE.  THE COMMISSIONER MAY PROMULGATE RULES
 AND  REGULATIONS AS MAY BE NECESSARY AND PROPER TO CARRY OUT EFFECTIVELY
 THE PROVISIONS OF THIS PARAGRAPH.
   § 4. Subsection (a) of section 3217-a of the insurance law is  amended
 by adding a new paragraph 22 to read as follows:
   (22)(A)  AN EXPLANATION OF HOSPITAL RULE-BASED EXCLUSIONS AND THE FACT
 THAT SOME GENERAL HOSPITALS MAY  HAVE  HOSPITAL  RULE-BASED  EXCLUSIONS,
 A. 3862                             3
 
 ALONG WITH A LINK TO THE WEBSITE REQUIRED PURSUANT TO SUBDIVISION TWO OF
 SECTION TWENTY-EIGHT HUNDRED THREE-BB OF THE PUBLIC HEALTH LAW.
   (B)  FOR  THE  PURPOSES OF THIS PARAGRAPH, "HOSPITAL RULE-BASED EXCLU-
 SIONS" SHALL HAVE THE SAME MEANING AS IN  SECTION  TWENTY-EIGHT  HUNDRED
 THREE-BB OF THE PUBLIC HEALTH LAW.
   § 5. Subsection (a) of section 4324 of the insurance law is amended by
 adding a new paragraph 23 to read as follows:
   (23)(A)  AN EXPLANATION OF HOSPITAL RULE-BASED EXCLUSIONS AND THE FACT
 THAT SOME GENERAL HOSPITALS MAY  HAVE  HOSPITAL  RULE-BASED  EXCLUSIONS,
 ALONG WITH A LINK TO THE WEBSITE REQUIRED PURSUANT TO SUBDIVISION TWO OF
 SECTION TWENTY-EIGHT HUNDRED THREE-BB OF THE PUBLIC HEALTH LAW.
   (B)  FOR  THE  PURPOSES OF THIS PARAGRAPH, "HOSPITAL RULE-BASED EXCLU-
 SIONS" SHALL HAVE THE SAME MEANING AS IN  SECTION  TWENTY-EIGHT  HUNDRED
 THREE-BB OF THE PUBLIC HEALTH LAW.
   § 6. Subdivision 1 of section 4408 of the public health law is amended
 by adding a new paragraph (w) to read as follows:
   (W)  (I) AN EXPLANATION OF HOSPITAL RULE-BASED EXCLUSIONS AND THE FACT
 THAT SOME GENERAL HOSPITALS MAY  HAVE  HOSPITAL  RULE-BASED  EXCLUSIONS,
 ALONG WITH A LINK TO THE WEBSITE REQUIRED PURSUANT TO SUBDIVISION TWO OF
 SECTION TWENTY-EIGHT HUNDRED THREE-BB OF THIS CHAPTER.
   (II)  FOR  THE PURPOSES OF THIS PARAGRAPH, "HOSPITAL RULE-BASED EXCLU-
 SIONS" SHALL HAVE THE SAME MEANING AS IN  SECTION  TWENTY-EIGHT  HUNDRED
 THREE-BB OF THIS CHAPTER.
   §  7.  Nothing  in  this act shall be construed to permit or authorize
 denials of care or discrimination in the provision  of  health  care  or
 health  insurance. Compliance with this act does not reduce or limit any
 liability for general  hospitals in connection with hospital  rule-based
 exclusions, including violations of state or federal law.
   § 8. Severability clause.  If any provision of this act, or any appli-
 cation  of any provision of this act, is held to be invalid, or ruled to
 violate or be inconsistent with any  applicable  federal  law  or  regu-
 lation, that shall not affect the validity or effectiveness of any other
 provision  of  this act, or of any other application of any provision of
 this act.  It is hereby declared to be the  intent  of  the  legislature
 that  this  act  would have been enacted even if such invalid provisions
 had not been included herein.
   § 9. This act shall take effect eighteen months after  it  shall  have
 become  a  law.  Effective  immediately,  the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.