S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7419
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 25, 2025
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Health
 
 AN  ACT  to  amend  the  public  health law, in relation to school based
   health centers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The  public health law is amended by adding a new article
 49-B to read as follows:
                                ARTICLE 49-B
                        SCHOOL BASED HEALTH CENTERS
 SECTION 4940. DEFINITION.
         4941. ESTABLISHMENT OF SCHOOL BASED HEALTH CENTERS.
         4942. SPONSORING ENTITIES.
         4943. STAFFING AND PERSONNEL.
         4944. ACCESS TO CARE.
         4945. CONSENT TO CARE.
         4946. SERVICES.
         4947. CARE COORDINATION.
         4948. DATA MANAGEMENT.
         4949. MEDICAID AND OTHER THIRD-PARTY REIMBURSEMENT.
         4950. DEPARTMENT REGULATIONS.
   § 4940. DEFINITION. FOR THE PURPOSES OF THIS ARTICLE A  "SCHOOL  BASED
 HEALTH CENTER" IS DEFINED AS A HEALTH CENTER THAT IS ESTABLISHED DIRECT-
 LY WITHIN OR NEARBY A KINDERGARTEN THROUGH TWELFTH GRADE SCHOOL FACILITY
 OF  A SCHOOL DISTRICT OR BOARD OR OF A TRIBAL ORGANIZATION AND MEETS THE
 FOLLOWING CRITERIA: PROVIDES PRIMARY AND PREVENTIVE CARE, ACUTE OR FIRST
 CONTACT CARE, CHRONIC CARE, MENTAL HEALTH SERVICES DIRECTLY  OR  THROUGH
 REFERRAL,  AND REFERRAL FOR ALL OTHER SERVICES AS NEEDED TO ALL STUDENTS
 AT NO OUT OF POCKET COST TO THOSE WHO ENROLL IN THE SCHOOL BASED  HEALTH
 CENTER, AND HAVE PROVIDED CONSENT PURSUANT TO SECTION FORTY-NINE HUNDRED
 FORTY-FIVE  OF THIS ARTICLE, AND PROVIDES SERVICES TO STUDENTS INCLUDING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07843-02-5
              

 A. 7419                             2
 
 CHILDREN  AND  ADOLESCENTS  WITHIN  THE   CONTEXT   OF   THEIR   FAMILY,
 SOCIAL/EMOTIONAL,   CULTURAL,  PHYSICAL,  AND  EDUCATIONAL  ENVIRONMENT.
 SCHOOL BASED HEALTH CENTERS MAY ALSO PROVIDE DENTAL SERVICES IN  ACCORD-
 ANCE  WITH DEPARTMENT GUIDELINES. NOTWITHSTANDING THE PROVISIONS OF THIS
 ARTICLE TO THE CONTRARY, SUCH GUIDELINES SHALL PERMIT THE OPERATION OF A
 SCHOOL BASED HEALTH CENTER THAT PROVIDES ONLY DENTAL SERVICES, INCLUDING
 BUT NOT LIMITED TO SCHOOL BASED HEALTH CENTER DENTAL PROGRAMS.
   § 4941. ESTABLISHMENT OF SCHOOL BASED HEALTH CENTERS. 1. SCHOOL  BASED
 HEALTH  CENTERS SHALL BE ORGANIZED THROUGH SCHOOL, COMMUNITY, AND HEALTH
 PROVIDER RELATIONSHIPS AND PROVIDE SERVICES IN KEEPING  WITH  STATE  AND
 LOCAL  LAWS  AND  REGULATIONS, AS WELL AS ESTABLISHED MEDICAL STANDARDS,
 AND BEST PRACTICES.
   2. SCHOOL BASED HEALTH CENTER SERVICES SHALL  BE  DEVELOPED  BASED  ON
 LOCAL  ASSESSMENT  OF  NEEDS  AND RESOURCES. THE COMMISSIONER SHALL TAKE
 SUCH ACTIONS AS NECESSARY TO SUPPORT THE ESTABLISHMENT OF  SCHOOL  BASED
 HEALTH CENTERS IN SCHOOLS HAVING STUDENTS WITH THE HIGHEST PREVALENCE OF
 UNMET  MEDICAL  AND  PSYCHOSOCIAL  NEEDS,  PROVIDED THAT NOTHING IN THIS
 ARTICLE SHALL BE CONSTRUED AS TO PREVENT THE OPERATION OF A SCHOOL BASED
 HEALTH CENTER IN CONJUNCTION WITH ANY SCHOOL, AND THE USE OF  TELEHEALTH
 AND MOBILE SERVICES IN ACCORDANCE WITH DEPARTMENT GUIDELINES.
   3. SCHOOLS THAT ARE SEEKING TO HAVE A SCHOOL BASED HEALTH CENTER SHALL
 PROVIDE  SPACE  TO HOST THE SCHOOL BASED HEALTH CENTER AT NO COST TO THE
 SCHOOL BASED HEALTH CENTER, PROVIDED THAT THIS SHALL NOT REQUIRE SCHOOLS
 TO COVER COSTS ASSOCIATED WITH RENOVATIONS OF SUCH SPACE. SCHOOLS SHALL:
 (A) ASSIST IN OBTAINING PARENTAL CONSENT FOR ENROLLMENT OF STUDENTS; (B)
 ASSIST IN THE COLLECTION OF ALL NECESSARY INFORMATION FOR THE  OPERATION
 OF  THE  SCHOOL  BASED HEALTH CENTER, SUCH AS INSURANCE STATUS, MEDICAID
 STATUS, WHICH SHALL INCLUDE INFORMATION OF ANY ENROLLMENT IN  A  MANAGED
 CARE  PLAN; (C) PROVIDE APPROPRIATE ACCESS TO SCHOOL HEALTH RECORDS; (D)
 MAINTAIN THE SCHOOL BASED HEALTH CENTER FACILITY;  AND  (E)  MARKET  THE
 SCHOOL BASED HEALTH CENTER BY PUBLICIZING THE SCHOOL BASED HEALTH CENTER
 SERVICES TO THE STUDENT BODY AT LEAST TWICE A YEAR.
   4.  THE  SCHOOL DISTRICT AND/OR SCHOOL BUILDING ADMINISTRATION AND THE
 SCHOOL BASED HEALTH CENTER SPONSOR SHALL  HOLD  MEETINGS  ON  A  REGULAR
 BASIS  AS  THEY SEE FIT. (A) THE SCHOOL DISTRICT AND SCHOOL BASED HEALTH
 CENTER SPONSOR HEALTH CARE PROVIDER SHALL MAINTAIN A CURRENT  MEMORANDUM
 OF  UNDERSTANDING THAT SHALL AT A MINIMUM BE FIVE YEARS IN DURATION. (B)
 THE MEMORANDUM OF UNDERSTANDING SHALL  INCLUDE  METHODS  FOR  ADDRESSING
 PRIORITIES AND RESOLVING DIFFERENCES BETWEEN ENTITIES, PROVIDE ASSURANCE
 OF  A  COLLABORATIVE RELATIONSHIP BETWEEN THE SCHOOL BASED HEALTH CENTER
 STAFF AND SCHOOL PERSONNEL, AND DESCRIBE HOW THE PROVIDER  WILL  PROVIDE
 TWENTY-FOUR  HOUR ACCESS TO SERVICES WHEN THE SCHOOL BASED HEALTH CENTER
 IS CLOSED.
   5. THE DEPARTMENT SHALL MAINTAIN A LIST, AND UPDATE  IT  PERIODICALLY,
 OF  POTENTIAL  SPONSORING ENTITIES. THE LIST SHALL BE PUBLICLY POSTED ON
 THE DEPARTMENT'S WEBSITE. THE LIST SHALL BE GENERATED UTILIZING EXISTING
 SPONSORING ENTITIES AND SHALL ALSO INCLUDE ENTITIES THAT ARE SEEKING  TO
 BECOME  A SPONSORING ENTITY. POTENTIAL ENTITIES, AS OUTLINED IN SUBDIVI-
 SION 2 OF SECTION FORTY-NINE HUNDRED FORTY-TWO OF THIS ARTICLE, THAT ARE
 SEEKING TO BECOME A  SPONSORING  ENTITY  SHALL  SUBMIT  INFORMATION,  AS
 DETERMINED  NECESSARY BY THE DEPARTMENT, IN A FORM AND MANNER PRESCRIBED
 BY THE DEPARTMENT IN ORDER TO BE INCLUDED ON THE LIST MAINTAINED BY  THE
 DEPARTMENT.
   § 4942. SPONSORING ENTITIES. 1. EVERY SCHOOL BASED HEALTH CENTER SHALL
 ENTER  INTO AN AGREEMENT WITH ONE OR MORE SPONSORING ENTITIES THAT SHALL
 A. 7419                             3
 
 HAVE THE OVERALL RESPONSIBILITY FOR ADMINISTRATION, OPERATIONS AND OVER-
 SIGHT OF THE FACILITY.
   2.  SPONSORING  ENTITIES  OF A SCHOOL BASED HEALTH CENTER MAY INCLUDE:
 (A) A FACILITY LICENSED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER  THAT
 IS  ELIGIBLE  TO BE DESIGNATED OR HAS RECEIVED A DESIGNATION AS A FEDER-
 ALLY QUALIFIED HEALTH CENTER IN ACCORDANCE WITH 42 USC § 1396A(AA);  (B)
 A  GENERAL HOSPITAL LICENSED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER,
 INCLUDING BUT NOT LIMITED TO AN ACADEMIC MEDICAL CENTER; (C) A  DIAGNOS-
 TIC  AND  TREATMENT  CENTER  LICENSED UNDER ARTICLE TWENTY-EIGHT OF THIS
 CHAPTER; (D) A LOCAL HEALTH DEPARTMENT; (E) THE DEPARTMENT;  (F)  BEHAV-
 IORAL HEALTH ORGANIZATIONS LICENSED UNDER THE MENTAL HYGIENE LAW; (G) AN
 INDEPENDENT  PRACTICE  ASSOCIATION  OR  ORGANIZATION;  AND  (H) A HEALTH
 SYSTEM AS DEFINED BY SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER.
   3. POLICIES AND PROCEDURES OUTLINING THE INVOLVEMENT OF THE SPONSORING
 ENTITY SHALL ADDRESS THE FOLLOWING: (A) ONGOING COMMUNICATION; (B) TWEN-
 TY-FOUR HOUR COVERAGE INCLUDING WEEKENDS, WHICH MAY BE ACHIEVED  THROUGH
 AN  AGREEMENT  WITH  ANOTHER  HEALTH CARE PROVIDER THAT IS AUTHORIZED TO
 PROVIDE SUCH SERVICES  WITHIN  THE  STATE;  (C)  MAINTENANCE  OF  HEALTH
 RECORDS  IN  ACCORDANCE  WITH ALL APPLICABLE STATE AND FEDERAL LAWS; (D)
 CONTINUOUS QUALITY IMPROVEMENT; (E) FISCAL AND BILLING  PROCEDURES;  (F)
 COORDINATION  OF  SERVICES;  AND  (G)  SECURITY,  INVENTORY CONTROL, AND
 ACCOUNTABILITY FOR MEDICATIONS AND RELATED SUPPLIES.
   4. THE SPONSORING ENTITY SHALL ENSURE RECEIPTS  AND  EXPENDITURES  ARE
 ADEQUATELY  IDENTIFIED  FOR  EACH  CONTRACT  AND/OR SOURCE OF FUNDS, AND
 SHALL ENSURE THAT EQUIPMENT INVENTORIES, BUDGET ANALYSIS, AND TOTAL COST
 CALCULATIONS ARE COMPLETED ANNUALLY.
   § 4943. STAFFING AND PERSONNEL. 1. ALL CORE SCHOOL BASED HEALTH CENTER
 STAFF SHALL BE TRAINED IN: (A) CHILD ABUSE  MANDATED  REPORTER  REQUIRE-
 MENTS  UNDER  SECTION  FOUR HUNDRED THIRTEEN OF THE SOCIAL SERVICES LAW;
 (B) INFECTION CONTROL; AND (C) EMERGENCY CARE INCLUDING BUT NOT  LIMITED
 TO  GENERAL FIRST AID, BASIC LIFE SUPPORT, AND USE OF AUTOMATED EXTERNAL
 DEFIBRILLATOR EQUIPMENT. ALL TRAINING SHALL MEET THE REQUIREMENTS  OF  A
 NATIONALLY  RECOGNIZED FIRST AID AND SAFETY PROGRAM AS DETERMINED BY THE
 DEPARTMENT.
   2. ALL SCHOOL BASED HEALTH CENTERS SHALL  ENSURE  A  FULL-TIME  HEALTH
 STAFF  PRESENCE  DURING  ALL NORMAL SCHOOL HOURS, PROVIDED HOWEVER, THAT
 THESE NORMAL SCHOOL HOURS MAY VARY BETWEEN SCHOOL BASED  HEALTH  CENTERS
 DEPENDING  ON  THE  RESPECTIVE SCHEDULE OF THE LOCAL SCHOOL THAT A GIVEN
 SCHOOL BASED HEALTH CENTER IS ASSOCIATED WITH. THIS MAY INCLUDE A PHYSI-
 CIAN, NURSE PRACTITIONER, PHYSICIAN  ASSISTANT,  MENTAL  HEALTH  PROFES-
 SIONAL,  OR  MEDICAL  OR  HEALTH  ASSISTANT.  IN CASES WHERE THERE IS AN
 AGREEMENT BETWEEN THE SCHOOL AND THE  SCHOOL  BASED  HEALTH  CENTER  FOR
 SCHOOL NURSE COVERAGE OF THE SCHOOL BASED HEALTH CENTER, THE PRESENCE OF
 THE SCHOOL NURSE MAY FULFILL THIS REQUIREMENT. THE DEPARTMENT MAY ESTAB-
 LISH  STANDARDS  FOR  THESE  PROFESSIONS AND OTHER PROFESSIONS PROVIDING
 SERVICES THROUGH A SCHOOL BASED HEALTH  CENTER  IN  KEEPING  WITH  OTHER
 APPLICABLE STATE LAWS, WHICH MAY INCLUDE AVAILABILITY AND MINIMUM STAFF-
 ING REQUIREMENTS.
   §  4944.  ACCESS TO CARE. 1. SCHOOL BASED HEALTH CENTER SERVICES SHALL
 BE PROVIDED AT NO OUT OF POCKET COST TO THE STUDENT OR FAMILY.
   2. SCHOOL BASED HEALTH CENTERS SHALL PROVIDE ON-SITE ACCESS  INCLUDING
 CARE THROUGH TELEHEALTH OR MOBILE SERVICES, DURING THE ACADEMIC DAY WHEN
 SCHOOL  IS  IN SESSION, AND TWENTY-FOUR HOUR COVERAGE THROUGH AN ON-CALL
 SYSTEM AND THROUGH ADDITIONAL HEALTH CARE PROVIDERS THAT ARE  AUTHORIZED
 TO  PROVIDE SERVICES WITHIN THE STATE, TO ENSURE ACCESS TO SERVICES ON A
 YEAR-ROUND BASIS WHEN THE SCHOOL OR THE SCHOOL BASED  HEALTH  CENTER  IS
 A. 7419                             4
 
 CLOSED.  THE  ADDITIONAL  HEALTH  CARE  PROVIDERS SHALL ENSURE CONTINUAL
 ACCESS TO SERVICES FOR ENROLLED STUDENTS  DURING  NON-SCHOOL  HOURS  AND
 VACATION  PERIODS,  AND  ENSURE  THE  CONTINUITY  OF  CARE FOR ENROLLEES
 REFERRED  TO  OTHER  PROVIDERS.  ANY TELEPHONIC OR DIGITAL ACCESS SHOULD
 ENSURE CONTACT WITH A QUALIFIED INDIVIDUAL FOR TRIAGE PURPOSES.
   3. THE SCHOOL BASED HEALTH CENTER MAY SERVE  AS  A  STUDENT'S  PRIMARY
 CARE  PROVIDER,  OR  COMPLEMENT  SERVICES PROVIDED BY AN OUTSIDE PRIMARY
 CARE PROVIDER.
   4. THE SCHOOL BASED HEALTH CENTER SHALL  NOT  TURN  ANY  STUDENT  AWAY
 BECAUSE  OF INSURANCE STATUS, HEALTH STATUS, OR BECAUSE A STUDENT HAS AN
 EXISTING PRIMARY CARE PROVIDER. IF A STUDENT HAS A PRIMARY CARE  PROVID-
 ER,  THE  SCHOOL  BASED  HEALTH CENTER SHOULD MAKE REASONABLE EFFORTS TO
 COORDINATE SERVICES WITH THE STUDENT'S PRIMARY CARE  PROVIDER  TO  AVOID
 ANY DUPLICATION OF SERVICES AND ENSURE PROPER CARE COORDINATION.
   5.  THE COMPLETE RANGE OF SCHOOL BASED HEALTH CENTER SERVICES SHALL BE
 MADE AVAILABLE TO ANY STUDENT WHO ENROLLS.
   6. WHEN PROVIDING SERVICES BY REFERRAL, PROVIDERS SHOULD OFFER AS MANY
 OPTIONS AS POSSIBLE. FINANCIAL, GEOGRAPHICAL, AND OTHER BARRIERS  SHOULD
 BE MINIMIZED AS MUCH AS POSSIBLE.
   7.  THE SCHOOL BASED HEALTH CENTER, IN PARTNERSHIP WITH THE SCHOOL AND
 OTHER CO-LOCATED SERVICE PROVIDERS, SHALL DEVELOP POLICIES  AND  SYSTEMS
 TO ENSURE CONFIDENTIALITY IN THE SHARING OF MEDICAL INFORMATION IN ORDER
 TO  FACILITATE  CASE  MANAGEMENT IN ACCORDANCE WITH ALL APPLICABLE STATE
 AND FEDERAL LAWS.
   § 4945. CONSENT TO CARE. 1. SCHOOL BASED  HEALTH  CENTERS  SHALL  MAKE
 CONSENT  FORMS  AVAILABLE  TO  ALL ENROLLING STUDENTS IN ORDER TO OBTAIN
 THEIR INFORMED WRITTEN CONSENT. CONSENT FORMS SHALL  BE  PROVIDED  AT  A
 MINIMUM OF ONCE PER ACADEMIC SEMESTER OR QUARTER WITHIN A SCHOOL YEAR AS
 A  SCHOOL SEES FIT. AT MINIMUM, CONSENT FORMS SHALL INCLUDE A STUDENT'S:
 NAME; ADDRESS; DATE OF BIRTH; PARENT OR GUARDIAN NAME;  SOCIAL  SECURITY
 NUMBER;  CURRENT HEALTH CARE COVERAGE, INCLUDING THE NAME OF THE MANAGED
 CARE PLAN IF APPLICABLE; INSURANCE OR  MEDICAID  IDENTIFICATION  NUMBER;
 THE  STUDENT'S PRIMARY CARE PROVIDER NAME AND ADDRESS, OR DESIGNATION OF
 THE SCHOOL BASED HEALTH CENTER AS  THE  PRIMARY  CARE  PROVIDER;  AND  A
 MEDICAL  RELEASE AUTHORIZATION. IF NO HEALTH CARE COVERAGE IS INDICATED,
 THE SCHOOL BASED HEALTH CENTER SHOULD ASSIST IN REFERRING THE STUDENT TO
 MEDICAID/CHILD HEALTH PLUS. WRITTEN CONSENT FROM A PARENT OR GUARDIAN IS
 REQUIRED FOR SCHOOL BASED HEALTH CENTERS TO ENROLL AND PROVIDE  SERVICES
 TO  STUDENTS,  PROVIDED THAT A STUDENT THAT IS AGE EIGHTEEN OR OLDER, OR
 AUTHORIZED BY SECTION TWENTY-FIVE HUNDRED FOUR OF THIS CHAPTER, OR OTHER
 APPLICABLE STATE LAW,  TO  CONSENT  FOR  CERTAIN  SERVICES  MAY  PROVIDE
 CONSENT  DIRECTLY TO THE SCHOOL BASED HEALTH CENTER AND RECEIVE SERVICES
 AS AUTHORIZED BY STATE LAW WITHOUT SUCH CONSENT FROM A PARENT OR GUARDI-
 AN.
   2. THE PROVIDER, THROUGH COOPERATION WITH  THE  PARTICIPATING  SCHOOL,
 SHALL MAKE WRITTEN INFORMATION ABOUT SCHOOL BASED HEALTH CENTER SERVICES
 AVAILABLE  TO PARENTS, GUARDIANS, AND STUDENTS, INCLUDING: (A) THE SCOPE
 OF SERVICES OFFERED, INCLUDING THE ABILITY OF THE  SCHOOL  BASED  HEALTH
 CENTER  TO  SERVE AS THE DESIGNATED PRIMARY CARE PROVIDER, OR TO PROVIDE
 SERVICES IN COLLABORATION WITH THE STUDENT'S PRIMARY CARE PROVIDER;  (B)
 THE  STAFFING PATTERN, INCLUDING HOW MEDICAL COVERAGE WILL BE ASSURED IN
 THOSE SCHOOLS WHERE THE FULL-TIME PRESENCE OF A  MID-LEVEL  PRACTITIONER
 IS  NOT  PROVIDED;  AND  (C)  HOW  STUDENTS CAN ACCESS COVERAGE WHEN THE
 SCHOOL IS CLOSED.
   § 4946. SERVICES. 1. SCHOOL BASED HEALTH CENTER SERVICES SHALL BE MADE
 AVAILABLE TO STUDENTS ENROLLED IN THE SCHOOL IN WHICH THE  SCHOOL  BASED
 A. 7419                             5
 
 HEALTH CENTER IS ESTABLISHED, THE CHILD'S FAMILY AND THE COMMUNITY WHERE
 THE SCHOOL BASED HEALTH CENTER IS LOCATED.
   2.  ALL  SCHOOL  BASED HEALTH CENTERS SHALL PROVIDE THE FOLLOWING CORE
 SERVICES: (A) COMPREHENSIVE PRIMARY CARE; (B) DIAGNOSIS AND TREATMENT OF
 MEDICAL CONDITIONS; (C) REFERRALS; (D) HEALTH EDUCATION  AND  PROMOTION;
 (E)  MENTAL  HEALTH  SERVICES OR REFERRALS; AND (F) SOCIAL SERVICES. THE
 SERVICES PROVIDED BY A SCHOOL BASED HEALTH CENTER  SHALL  DEPEND  ON  AN
 INITIAL  AND  ONGOING  ASSESSMENT  OF  THE  NEEDS  OF  THE POPULATION OF
 STUDENTS SERVED, AND SHALL BE SENSITIVE TO  THE  FOLLOWING  DIFFERENCES:
 AGES  OF  THE  STUDENTS SERVED; AVAILABILITY, UTILIZATION, AND ACCESS TO
 OTHER SCHOOL AND COMMUNITY RESOURCES; AND THE SIZE OF THE ENROLLED POPU-
 LATION OF THE SCHOOL BASED HEALTH CENTER. SCHOOL  BASED  HEALTH  CENTERS
 SHALL  CONSIDER  POPULATION  BASED  ASSESSMENTS AS WELL AS RESPONDING TO
 INDIVIDUAL NEEDS.
   3. COMPREHENSIVE PRIMARY CARE  SERVICES  SHALL  INCLUDE  BUT  ARE  NOT
 LIMITED TO:
   (A) PHYSICAL EXAMS. EACH STUDENT SHALL HAVE WITHIN THEIR MEDICAL CHART
 A  RECORD  OF  AN UP-TO-DATE ASSESSMENT AND COMPREHENSIVE PHYSICAL EXAM.
 THIS MAY BE PERFORMED EITHER BY THE SCHOOL BASED  HEALTH  CENTER  OR  AN
 OUTSIDE PROVIDER.
   (B) IMMUNIZATIONS. IMMUNIZATIONS SHALL BE PROVIDED AS NECESSARY AND TO
 ASSIST  WITH  COMPLIANCE  WITH  SECTION TWENTY-ONE HUNDRED SIXTY-FOUR OF
 THIS CHAPTER.
   (C) REPRODUCTIVE HEALTH. ALL SCHOOL BASED HEALTH CENTERS SHALL PROVIDE
 AGE APPROPRIATE, ON-SITE, REPRODUCTIVE HEALTH CARE.
   (D) RISK BEHAVIORS. ALL SCHOOL BASED HEALTH  CENTERS  SERVING  ADOLES-
 CENTS  SHOULD  FOLLOW  GUIDELINES  WHICH  RECOMMEND AN ANNUAL VISIT THAT
 INCLUDES AN ASSESSMENT OF RECOGNIZED RISK BEHAVIORS, SUCH AS TOBACCO AND
 VAPOR PRODUCTS USE.
   (E) ORAL HEALTH. SCHOOL BASED HEALTH CENTERS SHALL ADDRESS ORAL HEALTH
 EITHER BY  REFERRAL  OR  ON-SITE  SERVICES.  ON-SITE  ASSESSMENTS  SHALL
 INCLUDE  AN  ORAL HEALTH HISTORY, INCLUDING WHO THE STUDENT'S DENTIST IS
 AND WHEN THE LAST VISIT WAS MADE, AN INSPECTION OF THE MOUTH,  IDENTIFI-
 CATION  OF  OBSERVABLE PROBLEMS, AND APPROPRIATE DENTAL HEALTH EDUCATION
 AND REFERRAL, IF NO PREVENTIVE APPOINTMENT  WAS  MADE  WITHIN  THE  PAST
 YEAR, OR IF CONCERNS OR PROBLEMS ARE IDENTIFIED.
   (F)  MENTAL  HEALTH.  SCHOOL BASED HEALTH CENTERS SHALL ADDRESS MENTAL
 HEALTH EITHER BY REFERRAL OR ON-SITE  SERVICES.  THE  RANGE  OF  ON-SITE
 MENTAL  HEALTH  SERVICES  OFFERED  SHALL BE DETERMINED BY STUDENT/FAMILY
 NEEDS AND THE AVAILABILITY OF SCHOOL AND  COMMUNITY  RESOURCES.  ON-SITE
 SERVICES  SHOULD INCLUDE MENTAL HEALTH CARE IN BOTH INDIVIDUAL AND GROUP
 SETTINGS, INCLUDING  ASSESSMENT,  TREATMENT,  FOLLOW-UP,  REFERRAL,  AND
 CRISIS INTERVENTION. OTHER SERVICES SHALL INCLUDE BUT ARE NOT LIMITED TO
 PRIMARY  PREVENTION, SHORT AND LONG-TERM COUNSELING, LINKAGE WITH COMMU-
 NITY COUNSELING, ON-SITE OR BY REFERRAL GROUP AND FAMILY COUNSELING, AND
 PSYCHIATRIC EVALUATION AND TREATMENT.
   4. DIAGNOSIS AND TREATMENT OF MEDICAL CONDITIONS  SHALL  INCLUDE  THAT
 ON-SITE  DIAGNOSIS, TREATMENT, AND APPROPRIATE TRIAGE AND REFERRAL MECH-
 ANISMS SHALL BE IN PLACE FOR MINOR, ACUTE, AND CHRONIC PROBLEMS.    THIS
 SHALL INCLUDE ROUTINE MANAGEMENT OF CHRONIC CONDITIONS INCLUDING BUT NOT
 LIMITED  TO ASTHMA AND DIABETES. LABORATORY TESTING MAY BE PROVIDED AS A
 PART OF SERVICES OFFERED BY SCHOOL BASED HEALTH  CENTERS.  SUCH  TESTING
 SHALL  BE  PERFORMED  PURSUANT  TO STATE AND FEDERAL LAWS, PROVIDED THAT
 SUCH TESTS ARE CLASSIFIED AS WAIVED  OR  PROVIDER  PERFORMED  MICROSCOPY
 PROCEDURES  TESTS UNDER THE FEDERAL CLINICAL LABORATORY IMPROVEMENT ACT.
 TESTS NOT CLASSIFIED AS SUCH SHALL BE PERFORMED BY  QUALIFIED  NEW  YORK
 A. 7419                             6
 
 STATE LICENSED LABORATORIES HOLDING A COMPREHENSIVE PERMIT. SCHOOL BASED
 HEALTH  CENTERS  PERFORMING WAIVED TESTS SHALL REGISTER WITH THE DEPART-
 MENT'S WADSWORTH CENTER CLINICAL LABORATORY EVALUATION PROGRAM TO OBTAIN
 A  CLINICAL  LABORATORY IMPROVEMENT ACT REGISTRATION NUMBER FOR EITHER A
 CERTIFICATE OF WAIVER, OR A  PROVIDER  PERFORMED  MICROSCOPY  PROCEDURES
 CERTIFICATE.
   5. A SCHOOL BASED HEALTH CENTER MAY PROVIDE REFERRALS FOR ANY SERVICES
 WHERE SUCH REFERRAL IS DEEMED MEDICALLY NECESSARY. ALL SERVICES PROVIDED
 BY  REFERRAL  SHALL  INCLUDE  A  FOLLOW-UP  INCLUDING  VERIFICATION  THE
 APPOINTMENT WAS KEPT, THE SERVICES MET  THE  STUDENT'S  NEEDS,  AND  THE
 OUTCOME  OF  THE  REFERRAL, INCLUDING RELEVANT HEALTH CARE FINDINGS, AND
 SHALL BE INCORPORATED INTO THE  STUDENT'S  SCHOOL  BASED  HEALTH  CENTER
 MEDICAL  RECORD.  SHOULD A STUDENT BE ENROLLED IN A MANAGED CARE PLAN OR
 OTHER INSURANCE PLAN, A REFERRAL FOR SERVICES SHOULD BE MADE WITHIN  THE
 PLAN NETWORK AND SHOULD FOLLOW THE PLAN'S SERVICE ACCESS REQUIREMENTS.
   6.  ALL SCHOOL BASED HEALTH CENTERS SHALL PROVIDE HEALTH EDUCATION FOR
 ENROLLED STUDENTS, THEIR FAMILIES, AND HEALTH CENTER  STAFF  TO  SUPPORT
 THE  PROVISION OF COMPREHENSIVE HEALTH EDUCATION IN THE CLASSROOM. THESE
 SERVICES MAY INCLUDE BUT ARE NOT LIMITED TO  ONE-ON-ONE  PATIENT  EDUCA-
 TION, GROUP/TARGETED EDUCATION AT THE SCHOOL BASED HEALTH CENTER, FAMILY
 AND COMMUNITY HEALTH EDUCATION, HEALTH EDUCATION FOR SCHOOL BASED HEALTH
 CENTER  AND SCHOOL STAFF, AND SUPPORT FOR COMPREHENSIVE HEALTH EDUCATION
 IN THE CLASSROOM.
   7. ALL SCHOOL BASED  HEALTH  CENTERS  SHALL  PROVIDE  SOCIAL  SERVICES
 ASSESSMENTS,  REFERRALS,  AND  FOLLOW-UP FOR NEEDS INCLUDING BASIC NEEDS
 (FOOD, SHELTER, CLOTHING), LEGAL SERVICES, PUBLIC ASSISTANCE, ASSISTANCE
 WITH  MEDICAID  AND  OTHER  HEALTH  INSURANCE   ENROLLMENT,   EMPLOYMENT
 SERVICES, IDENTIFYING INFORMATION FOR DAY CARE SERVICES, AND IDENTIFYING
 INFORMATION  FOR  TRANSPORTATION  SERVICES  TO  THE SPONSORING ENTITY OR
 REFERRAL SITE.
   8. ALL SCHOOL BASED HEALTH CENTERS MAY  PROVIDE  THE  FOLLOWING  ADDI-
 TIONAL  SERVICES  ACCORDING  TO  THE  LOCAL  NEED AND FEASIBILITY, THESE
 SERVICES MAY INCLUDE BUT ARE  NOT  LIMITED  TO  DENTAL  CARE,  NUTRITION
 EDUCATION  AND  COUNSELING,  SPECIALTY  CARE,  AND  WELL-CHILD  CARE  OF
 STUDENTS' CHILDREN.
   9. ALL SCHOOL BASED HEALTH CENTERS SHALL CONTRIBUTE TO AND PARTICIPATE
 IN HEALTH  SURVEILLANCE,  MONITORING  AND  EVALUATIONS  CONDUCTED  AS  A
 ROUTINE FUNCTION OF PUBLIC HEALTH AGENCIES.
   §  4947. CARE COORDINATION. 1. POLICIES AND PROCEDURES SHALL BE ESTAB-
 LISHED FOR THOSE INSTANCES IN WHICH A STUDENT ENROLLED IN A SCHOOL BASED
 HEALTH CENTER HAS AN OUTSIDE PRIMARY CARE PROVIDER. UPON ENROLLMENT,  IF
 THE  STUDENT'S  PRIMARY  CARE  PROVIDER IS AN OUTSIDE ENTITY, THE SCHOOL
 BASED HEALTH CENTER SHALL MAKE EVERY EFFORT TO COORDINATE SERVICES  WITH
 THE  STUDENT'S  PRIMARY  CARE  PROVIDER  TO  AVOID  ANY  DUPLICATION  OF
 SERVICES. THE SCHOOL BASED HEALTH CENTER SHALL INITIATE A WRITTEN COMMU-
 NICATION PROCESS WITH THE OUTSIDE PRIMARY CARE PROVIDER. AT  A  MINIMUM,
 THIS SHALL INCLUDE:
   (A)  NOTIFICATION  THAT  THE  STUDENT HAS ENROLLED IN THE SCHOOL BASED
 HEALTH CENTER;
   (B) THE SCOPE OF SERVICES OFFERED BY THE SCHOOL BASED  HEALTH  CENTER;
 AND
   (C)  A  REQUEST  FOR  THE STUDENT'S HEALTH RECORDS, INCLUDING THE MOST
 RECENT PHYSICAL EXAM, HISTORY, AND CURRENT TREATMENT  PLAN,  ALONG  WITH
 THE TRANSMITTAL OF THE APPROPRIATE MEDICAL RELEASE AUTHORIZATION FORM.
   2.  THE  SCHOOL  BASED  HEALTH CENTER SHALL FOLLOW UP WITH THE OUTSIDE
 PRIMARY CARE PROVIDER TO VERIFY AND COORDINATE CARE. ONCE VERIFIED,  ALL
 A. 7419                             7
 
 ENCOUNTERS  SHALL  BE  RECORDED  AND  DOCUMENTED IN THE STUDENT'S HEALTH
 RECORD AND MADE AVAILABLE TO THE OUTSIDE PRIMARY CARE  PROVIDER  THROUGH
 SECURED  AND  AGREED  UPON  MEANS. PERIODICALLY, THE SCHOOL BASED HEALTH
 CENTER AND OUTSIDE PRIMARY CARE PROVIDER MAY SEND SUMMARY REPORTS OF THE
 STUDENT'S  PROGRESS  TO  AVOID  ANY  DUPLICATION OF SERVICES. SHOULD THE
 OUTSIDE ENTITY BECOME UNRESPONSIVE, THE SCHOOL BASED HEALTH CENTER SHALL
 CONTACT THE STUDENTS' PARENT/GUARDIAN FOR FURTHER ASSISTANCE, UNLESS THE
 STUDENT DIRECTLY CONSENT TO CARE PURSUANT TO SECTION FORTY-NINE  HUNDRED
 FORTY-FIVE  OF  THIS  ARTICLE,  IN  WHICH  CASE  THE  STUDENT  SHOULD BE
 CONTACTED, OR THE DISCLOSURE OF SUCH  INFORMATION  IS  PROHIBITED  UNDER
 APPLICABLE  LAW.  ALL ATTEMPTS MADE BY THE SCHOOL BASED HEALTH CENTER TO
 CONTACT THE OUTSIDE PRIMARY CARE PROVIDER SHALL  BE  DOCUMENTED  IN  THE
 STUDENT'S HEALTH RECORD.
   3.  THE  SCHOOL  BASED  HEALTH  CENTER AND THE LOCAL HEALTH DEPARTMENT
 SHALL COORDINATE THE PROVISION OF MANDATED  HEALTH  SERVICES  WHEN  SUCH
 MANDATED  HEALTH SERVICES ARE THE OBLIGATION OF THE COUNTY DEPARTMENT OF
 HEALTH TO AVOID DUPLICATION OF SUCH SERVICES.
   4. SHOULD THE STUDENT BE ENROLLED WITH A THIRD-PARTY INSURANCE PLAN OR
 MEDICAID MANAGED CARE ORGANIZATION, THE SCHOOL BASED HEALTH CENTER SHALL
 TRANSMIT  INFORMATION  RELATED  TO  THE  STUDENT'S  ENROLLMENT  AND  ANY
 SERVICES PROVIDED TO SUCH INSURANCE PLAN OR MANAGED CARE ORGANIZATION IN
 A TIMELY FASHION. SUCH INSURANCE PLAN OR MANAGED CARE ORGANIZATION SHALL
 MAKE  INFORMATION,  AS  DEEMED NECESSARY BY THE DEPARTMENT, AVAILABLE TO
 THE SCHOOL BASED HEALTH CENTER  IN  ORDER  TO  FACILITATE  SCHOOL  BASED
 HEALTH  CENTER'S  ACTIVITIES AND MAKE REFERRALS BASED ON CURRENT NETWORK
 INFORMATION.
   5. SCHOOL BASED HEALTH CENTERS SHALL SUBMIT  REGULAR  REPORTS  TO  THE
 DEPARTMENT  DETAILING  SERVICES PROVIDED, MEDICAID AND OTHER THIRD-PARTY
 REIMBURSEMENT RECEIVED, ENCOUNTER DATA AND QUALITY METRICS.
   § 4948. DATA MANAGEMENT. 1. ALL SCHOOL BASED HEALTH CENTER  STAFF  AND
 PERSONNEL  SHALL  RECEIVE TRAINING THAT SHALL INCLUDE BUT IS NOT LIMITED
 TO:
   (A) HEALTH CARE DATA SECURITY;
   (B) PRIVACY AND CONFIDENTIALITY; AND
   (C) HEALTH CARE DATA USAGE, STORAGE AND SHARING.
   2. ALL SCHOOL BASED HEALTH CENTERS  SHALL  HAVE  WRITTEN  POLICIES  TO
 DICTATE THE ACCESS TO AND USE OF SCHOOL BASED HEALTH CENTER DATA.
   3. A DESIGNATED INDIVIDUAL SHALL BE RESPONSIBLE FOR PREPARATION OF THE
 DEPARTMENT'S  REPORTING  FORMS, WHICH SHOULD BE SUBMITTED TO THE DEPART-
 MENT'S SCHOOL HEALTH PROGRAM WITHIN  THIRTY  DAYS  OF  THE  END  OF  THE
 REPORTING PERIOD.
   §  4949.  MEDICAID  AND OTHER THIRD-PARTY REIMBURSEMENT. 1. PROCEDURES
 SHALL BE ESTABLISHED FOR CONFIRMING AND OBTAINING INFORMATION  ON  MEDI-
 CAID,  CHILD  HEALTH  PLUS,  AND  OTHER THIRD-PARTY ELIGIBILITY, AND FOR
 HELPING FAMILIES IN  THE  ENROLLMENT  PROCESS  IF  THE  STUDENT  IS  NOT
 ENROLLED.
   2.  SERVICES  PROVIDED  IN  SCHOOL  BASED  HEALTH CENTERS SHALL NOT BE
 PROVIDED TO MEDICAL ASSISTANCE RECIPIENTS THROUGH MANAGED CARE  PROGRAMS
 ESTABLISHED  PURSUANT  TO THIS SECTION AND SHALL CONTINUE TO BE PROVIDED
 OUTSIDE OF MANAGED CARE PROGRAMS.
   3. MEDICAID ELIGIBILITY SHALL BE CONFIRMED AT EACH ENCOUNTER. ENCOUNT-
 ER FORMS SHALL BE GENERATED FOR ALL BILLABLE VISITS.  PROCEDURES  SHOULD
 BE  IN  PLACE  TO ENSURE MEDICAID AND ANY OTHER THIRD-PARTY INSURANCE IS
 BILLED FOR ENCOUNTERS. PROCEDURES SHOULD ADEQUATELY ADDRESS FOLLOW-UP ON
 ANY DENIED MEDICAID, OR OTHER THIRD-PARTY, CLAIMS. MEDICAID,  AND  OTHER
 THIRD-PARTY  REVENUES,  SHOULD  BE READILY IDENTIFIABLE BY USING CORRECT
 A. 7419                             8
 
 BILLING CODES. MEDICAID REVENUES SHALL BE RETURNED TO THE SCHOOL  HEALTH
 CENTER PROGRAM FOR THE SUPPORT AND DEVELOPMENT OF THE PROGRAM.
   4.  SCHOOL  BASED  HEALTH CENTERS SERVICES THAT WERE REIMBURSED AT THE
 AMBULATORY PATIENT GROUP RATES AS OF JANUARY FIRST, TWO  THOUSAND  TWEN-
 TY-FIVE,  SHALL  CONTINUE  TO  BE  REIMBURSED  USING  SUCH RATES, AT THE
 PROVIDERS' DISCRETION, INCLUDING BUT  NOT  LIMITED  TO  DENTAL  SERVICES
 PROVIDED  TO MEDICAID RECIPIENTS, WHICH SHALL BE CALCULATED BASED ON THE
 COMPLEXITY AND RESOURCE INTENSITY OF DENTAL SERVICES.
   § 4950. DEPARTMENT REGULATIONS. THE DEPARTMENT SHALL MAKE  REGULATIONS
 AS  NECESSARY TO EFFECTUATE THIS ARTICLE. SUCH REGULATIONS SHALL ADDRESS
 COMMUNITY  INPUT,  QUALITY  MANAGEMENT  AND  IMPROVEMENT,  AND  FACILITY
 REQUIREMENTS.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. 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.
   § 3. This act shall take effect immediately;  provided  however,  that
 pending  the  development  of regulations by the department of health as
 required by section one of this act, school  based  health  centers  may
 continue to operate based on department of health guidance.