NY State Senate Bill 2025-S1963

Current Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
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Delivered to Governor
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 14, 2025	referred to health

2025-S1963 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §230-f, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S9276
2023-2024: S2942

2025-S1963 (ACTIVE) - Summary

Authorizes retail clinics to provide certain services; directs the commissioner of health to enact regulations imposing certain standards and restrictions.

2025-S1963 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1963

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to retail clinics

 
PURPOSE OR GENERAL IDEA OF BILL:

To limit the services that may be offered by a health care practice that
is operated within a retail business space or is labeled, branded, or
marketed by a retail business entity.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Public Health Law by adding a new section 230-f as it
relates to retail clinics. Subdivision 1 defines "retail clinics" as
professional health care practices that operate within the space of a
retail business, such as a pharmacy or a store open to the general
public; is labeled, branded, advertised, or marketed with the name or
symbol of a retail business; or is labeled, branded, advertised, or
marketed with the name or symbol of a business other than the health

care practice itself. This definition would exclude facilities that only
provide healthcare to employees of a retail business, as well as pharma-
cy and ophthalmic dispensing and ophthalmologic or optometric services
provided in connection with ophthalmic dispensing. Current restrictions
on referrals considered self-dealing would apply.

Subdivision 2 would limit retail clinics to providing episodic services
that do not require multiple visits, such as minor acute conditions,
episodic prevention and wellness services such as immunizations, and
treatment of minor injuries. This subdivision would prohibit retail
clinics from treating children under age two, treating any patient for
the same condition or illness more than three times in a year, and
require retail clinics to have access to walk-ins and extended business
hours.

Subdivision 3 would deem a retail clinic a "health care provider" for
the purposes of title two-D of this article, and clarifies that a pres-
criber practicing in a retail clinic would not be deemed to be employed
by a pharmacy or hospital.

Subdivision 4 would direct the Commissioner of Health (COH) to make
regulations that: require accreditation; provide guidelines for adver-
tising and signage that prescriptions and supplies do not need to be
purchased on-site; issue guidelines for informed consent, record keep-
ing, referral, continuity of care, and case reporting; and address
design, construction, fixtures, and equipment. The regulations would
promote and strengthen primary care by requiring retail clinics to
inquire of each patient whether they have a primary care provider and
for those who do not have one, the retail clinic would be required to
provide a list drawn from a searchable website list of primary care
providers maintained by the Department of Health, which would include
providers who serve Medicaid, low-income and uninsured patients, and
people with disabilities, and identify cultural and linguistic capabili-
ties.

Subdivision 5 would require a retail clinic to provide treatment without
discrimination as to the source of payment.
Subdivision 6 would direct DOH to post an annual report on its website
showing locations of retail clinics, including which clinics are located
in medically underserved areas, and analysis as to whether retail clin-
ics have improved access to health care in underserved areas, with
recommendations or other information the DOH may deem necessary.

Subdivision 7 provides that this bill does not authorize any form of
ownership or organization of a retail clinic or practice of any profes-
sion that would not otherwise be legal, and would not expand the scope
of practice of any health care practitioner.

Subdivision 8 provides that the host business entity of a retail clinic
would be prohibited from directly or indirectly, by contract, policy,
communication, incentive, or otherwise, influencing or seeking to influ-
ence any clinical decision, policy, or practice of any health care prac-
titioner providing any health care service in the retail clinic, includ-
ing prescribing or recommending drugs, devices, or supplies.

Section 2 provides the effective date

 
JUSTIFICATION:

Retail clinics already exist in several locations throughout New York
State. One concern is that high-profile retail branding may influence
clinical judgment, such as prescribing, or skew public perception of the
value of a retail clinic's services to the detriment of primary care
providers who instead choose a normal neighborhood location.

Today there is nothing to limit the scope of services offered by a
retail clinic. Around the country, they are purporting themselves to be
full-service medical practices. With the marketing power and capital
support they receive, they would out-compete more conventional prac-
tices. Healthcare would become increasingly dominated by corporate
controlled providers. As retail entities become merged with insurers,
healthcare providers could become controlled by health insurers. Regu-
lating retail clinics is necessary to prevent this scenario.

New York law prohibits business corporations from actually owning
healthcare practices or healthcare providers. However, a corporation can
rent health providers space and offer various services such as market-
ing, equipment rental, management support, and electronic health record
systems. Combined with the power of a commercial landlord, the corpo-
ration virtually owns the retail clinic, undermining professional inde-
pendence. This makes it all the more compelling to limit the scope of
services that these clinics are allowed to offer and provide.

The consolidation of pharmacies and insurers, with pharmacy benefit
managers influencing clinical decisions and costs, adds concern that
without sufficient regulation retail clinics become the final link in a
vertically integrated closed loop. Even if the host business is only
renting space to the practice, the proximity and branding may blur how
the practice is perceived. Patients deserve unfettered power to consent
to or refuse treatment, and to purchase prescribed drugs or supplies at
their own discretion, free of the overwhelming influence that retailers
seek to exert over the public.



This bill would ensure that all retail clinics are operated according to
set standards that assure convenience, clinical autonomy, and support
rather than detract from regional primary care.

Family practice and primary care are already stressed by a healthcare
delivery system that is disproportionately driven by hospitals, special-
ists, drug manufacturers, and insurers. Population health improves when
access to preventative and necessary care is available and timely, which
retail clinics can offer, and even more so when such care is connected
to systems that offer continuity and follow-up, which this bill would
assure.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S9276 Rivera/A216 Gottfried

2023-2024: S2942 Rivera/A 3729 Paulin

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Effective 180 days after enactment.

2025-S1963 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1963
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2025
                                ___________
 
 Introduced  by  Sen.  RIVERA -- 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 retail clinics
 
   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 section
 230-f to read as follows:
   § 230-F. RETAIL CLINICS. 1. AS USED IN THIS SECTION,  "RETAIL  CLINIC"
 MEANS A FACILITY OR PORTION OF A FACILITY THAT IS OPERATED BY ANY ENTITY
 THAT  IS AUTHORIZED UNDER THE LAWS OF THIS STATE TO PROVIDE PROFESSIONAL
 SERVICES TO THE PUBLIC AND THAT PROVIDES HEALTH CARE SERVICES OR  TREAT-
 MENT  PROVIDED BY A HEALTH CARE PRACTITIONER LICENSED, CERTIFIED, REGIS-
 TERED OR AUTHORIZED TO PRACTICE UNDER TITLE EIGHT OF THE EDUCATION  LAW,
 ACTING  WITHIN SUCH HEALTH CARE PRACTITIONER'S LAWFUL SCOPE OF PRACTICE,
 THAT:  (A) OPERATES WITHIN THE SPACE OF  A  RETAIL  BUSINESS  OPERATION,
 SUCH  AS  A  PHARMACY  OR  A  STORE  OPEN  TO THE GENERAL PUBLIC; (B) IS
 LABELED, BRANDED, ADVERTISED OR MARKETED WITH THE NAME OR  SYMBOL  OF  A
 RETAIL  BUSINESS  ENTITY;  OR  (C)  IS  LABELED,  BRANDED, ADVERTISED OR
 MARKETED WITH THE NAME OR SYMBOL OF A  BUSINESS  ENTITY,  OTHER  THAN  A
 BUSINESS ENTITY THAT PROVIDES HEALTH CARE SERVICES OR TREATMENT PROVIDED
 AT  THE FACILITY. HOWEVER, A FACILITY OR PORTION OF A FACILITY SHALL NOT
 BE DEEMED TO BE A RETAIL CLINIC  IF  IT  ORDINARILY  IS  USED  ONLY  FOR
 PROVIDING HEALTH CARE SERVICES TO EMPLOYEES OF THE RETAIL BUSINESS OPER-
 ATION.    A  FACILITY  SHALL  NOT BE DEEMED TO BE A RETAIL CLINIC IF THE
 HEALTH CARE SERVICE UNDER TITLE EIGHT OF THE EDUCATION LAW  IT  PROVIDES
 IS  LIMITED  TO  PHARMACY OR OPHTHALMIC DISPENSING AND OPHTHALMOLOGIC OR
 OPTOMETRIC SERVICES PROVIDED IN CONNECTION WITH OPHTHALMIC DISPENSING.
   2. THE TREATMENTS AND SERVICES THAT MAY BE PROVIDED BY A RETAIL CLINIC
 SHALL BE LIMITED TO THE PROVISION OF TREATMENT AND SERVICES TO  PATIENTS
 FOR  ACUTE  EPISODIC ILLNESS OR CONDITION; EPISODIC PREVENTIVE TREATMENT
 AND SERVICES SUCH AS IMMUNIZATIONS; OPHTHALMIC DISPENSING AND OPHTHALMO-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03236-01-5

 S. 1963                             2
 
 LOGIC OR OPTOMETRIC SERVICES  PROVIDED  IN  CONNECTION  WITH  OPHTHALMIC
 DISPENSING;  OR  TREATMENT  AND SERVICES FOR MINOR INJURIES THAT ARE NOT
 REASONABLY LIKELY TO BE LIFE-THREATENING  OR  POTENTIALLY  DISABLING  OR
 HAVE  COMPLICATIONS IF AMBULATORY CARE WITHIN THE CAPACITY OF THE RETAIL
 CLINIC IS PROVIDED; BUT THE TREATMENTS AND SERVICES PROVIDED BY A RETAIL
 CLINIC SHALL NOT INCLUDE  MONITORING  OR  TREATMENT  AND  SERVICES  OVER
 MULTIPLE VISITS OVER PROLONGED PERIODS.
   3.  A RETAIL CLINIC SHALL BE DEEMED TO BE A "HEALTH CARE PROVIDER" FOR
 THE PURPOSES OF TITLE TWO-D OF THIS ARTICLE. A PRESCRIBER PRACTICING  IN
 A RETAIL CLINIC SHALL NOT BE DEEMED TO BE IN THE EMPLOY OF A PHARMACY OR
 PRACTICING  IN  A  HOSPITAL  FOR  PURPOSES OF SUBDIVISION TWO OF SECTION
 SIXTY-EIGHT HUNDRED SEVEN OF THE EDUCATION LAW.
   4. (A) THE COMMISSIONER SHALL MAKE REGULATIONS  SETTING  FORTH  OPERA-
 TIONAL  AND  PHYSICAL  PLANT  STANDARDS FOR RETAIL CLINICS, WHICH MAY BE
 DIFFERENT FROM THE REGULATIONS OTHERWISE APPLICABLE  TO  DIAGNOSTIC  AND
 TREATMENT CENTERS, INCLUDING, BUT NOT LIMITED TO:
   (I) REQUIRING THAT RETAIL CLINICS ATTAIN AND MAINTAIN ACCREDITATION BY
 AN  APPROPRIATE  ACCREDITING  ENTITY  APPROVED  BY  THE COMMISSIONER AND
 REQUIRING TIMELY REPORTING TO THE DEPARTMENT IF A  RETAIL  CLINIC  LOSES
 ITS ACCREDITATION;
   (II)  DESIGNATING  OR LIMITING THE TREATMENTS AND SERVICES THAT MAY BE
 PROVIDED, INCLUDING LIMITING THE SCOPE OF  SERVICES  TO  THE  FOLLOWING,
 PROVIDED  THAT  SUCH  SERVICES SHALL NOT INCLUDE MONITORING OR TREATMENT
 AND SERVICES OVER MULTIPLE VISITS OR PROLONGED PERIODS:
   (A) THE PROVISION OF TREATMENT AND  SERVICES  TO  PATIENTS  FOR  MINOR
 ACUTE EPISODIC ILLNESSES OR CONDITIONS;
   (B)  EPISODIC  PREVENTION AND WELLNESS TREATMENTS AND SERVICES SUCH AS
 IMMUNIZATIONS;
   (C) OPHTHALMIC DISPENSING AND OPHTHALMOLOGIC  OR  OPTOMETRIC  SERVICES
 PROVIDED IN CONNECTION WITH OPHTHALMIC DISPENSING;
   (D)  TREATMENT AND SERVICES FOR MINOR INJURIES THAT ARE NOT REASONABLY
 LIKELY TO BE LIFE THREATENING OR POTENTIALLY DISABLING OR  HAVE  COMPLI-
 CATIONS  IF  AMBULATORY CARE WITHIN THE CAPACITY OF THE RETAIL CLINIC IS
 PROVIDED;
   (E) PROHIBITING THE PROVISION  OF  SERVICES  TO  PATIENTS  TWENTY-FOUR
 MONTHS OF AGE OR YOUNGER;
   (III)  REQUIRING  RETAIL CLINICS TO ACCEPT WALK-INS AND OFFER EXTENDED
 BUSINESS HOURS;
   (IV) SETTING FORTH GUIDELINES FOR ADVERTISING AND SIGNAGE, WHICH SHALL
 INCLUDE  SIGNAGE  INDICATING  THAT  PRESCRIPTIONS  AND  OVER-THE-COUNTER
 SUPPLIES MAY BE PURCHASED BY A PATIENT FROM ANY BUSINESS AND DO NOT NEED
 TO BE PURCHASED ON-SITE;
   (V)  SETTING  FORTH  GUIDELINES  FOR INFORMED CONSENT, RECORD KEEPING,
 REFERRAL FOR TREATMENT AND CONTINUITY OF CARE,  CASE  REPORTING  TO  THE
 PATIENT'S   PRIMARY   CARE  OR  OTHER  HEALTH  CARE  PROVIDERS,  DESIGN,
 CONSTRUCTION, FIXTURES, AND EQUIPMENT.
   (B) SUCH REGULATIONS ALSO SHALL PROMOTE AND STRENGTHEN PRIMARY CARE BY
 REQUIRING RETAIL CLINICS TO:
   (I) INQUIRE OF EACH PATIENT WHETHER SUCH PATIENT HAS  A  PRIMARY  CARE
 PROVIDER;
   (II)  MAINTAIN  AND  REGULARLY  UPDATE  A  LIST  OF LOCAL PRIMARY CARE
 PROVIDERS AND PROVIDE SUCH LIST TO EACH PATIENT WHO INDICATES THAT  SUCH
 PATIENT  DOES NOT HAVE A PRIMARY CARE PROVIDER. SUCH ROSTER (A) SHALL BE
 DRAWN FROM A LIST OF PRIMARY CARE PROVIDERS MAINTAINED AND  PERIODICALLY
 UPDATED  BY THE DEPARTMENT ON ITS WEBSITE (IN SEARCHABLE FORM) INCLUDING
 THE INFORMATION REQUIRED IN CLAUSES (B) AND (C)  OF  THIS  SUBPARAGRAPH,
 S. 1963                             3
 
 LOCATED  IN  THE ZIP CODE AREA AND ADJACENT ZIP CODE AREAS OF THE RETAIL
 CLINIC, AND MAY INCLUDE ADDITIONAL PRIMARY CARE PROVIDERS ADDED  BY  THE
 RETAIL  CLINIC; (B) SHALL IDENTIFY PREFERRED PROVIDERS WHO HAVE ACHIEVED
 RECOGNITION  AS  A PATIENT CENTERED MEDICAL HOME (PCMH) OR OTHER SIMILAR
 DESIGNATION AND A DESCRIPTION OF WHAT SUCH DESIGNATION  MEANS;  AND  (C)
 SHALL INCLUDE FEDERALLY QUALIFIED HEALTH CENTERS AND OTHER PROVIDERS WHO
 SERVE MEDICAID, LOW-INCOME AND UNINSURED PATIENTS, AND PEOPLE WITH DISA-
 BILITIES  AND  SHALL  IDENTIFY CULTURAL AND LINGUISTIC CAPABILITIES WHEN
 AVAILABLE;
   (III) REFER PATIENTS TO THEIR PRIMARY CARE PROVIDERS OR  OTHER  HEALTH
 CARE PROVIDERS WHERE APPROPRIATE;
   (IV)  TRANSMIT  BY  ELECTRONIC  MEANS  WHENEVER  POSSIBLE,  RECORDS OF
 SERVICES TO PATIENTS' PRIMARY CARE PROVIDERS;
   (V) DECLINE TO TREAT ANY PATIENT FOR THE  SAME  CONDITION  OR  ILLNESS
 MORE THAN THREE TIMES IN A YEAR; AND
   (VI)  REPORT  TO THE DEPARTMENT RELEVANT DATA, AS MAY BE DEEMED NECES-
 SARY BY THE  DEPARTMENT,  RELATED  TO  SERVICES  PROVIDED  AND  PATIENTS
 SERVED,  PROVIDED THAT SUCH REPORTING SHALL COMPLY WITH ALL PRIVACY LAWS
 RELATED TO PATIENT DATA.
   (C) RETAIL CLINICS ALREADY IN OPERATION AT THE TIME THIS SECTION TAKES
 EFFECT MUST COMPLY WITH ACCREDITATION REQUIREMENTS UNDER  THIS  SUBDIVI-
 SION WITHIN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION.
   (D)  THE  DEPARTMENT  SHALL  ROUTINELY REVIEW THE COMPLIANCE BY RETAIL
 CLINICS WITH THE PROVISIONS OF THIS SECTION AND IF A RETAIL CLINIC FAILS
 TO COMPLY WITH THE PROVISIONS OF THIS SECTION,  OR  REGULATIONS  ADOPTED
 PURSUANT  TO  THIS  SECTION,  THE DEPARTMENT SHALL HAVE THE AUTHORITY TO
 TAKE ENFORCEMENT ACTIONS UNDER TITLE TWO OF ARTICLE ONE OF THIS CHAPTER.
   (E) IN MAKING REGULATIONS UNDER THIS  SECTION,  THE  COMMISSIONER  MAY
 CONSULT  WITH A WORKGROUP INCLUDING, BUT NOT LIMITED TO, REPRESENTATIVES
 OF HEALTH CARE CONSUMERS AND REPRESENTATIVES OF  PROFESSIONAL  SOCIETIES
 OF  APPROPRIATE  HEALTH  CARE  PROFESSIONALS, INCLUDING THOSE IN PRIMARY
 CARE AND OTHER SPECIALTIES.
   5. A RETAIL CLINIC SHALL PROVIDE TREATMENT WITHOUT  DISCRIMINATION  AS
 TO SOURCE OF PAYMENT.
   6.  THE  DEPARTMENT SHALL PROVIDE AN ANNUAL REPORT WHICH IT SHALL MAKE
 AVAILABLE ON ITS WEBSITE; THE REPORT SHALL INCLUDE LOCATIONS  OF  RETAIL
 CLINICS  IN  THE  STATE  AND SHALL INDICATE WHICH CLINICS ARE LOCATED IN
 MEDICALLY UNDERSERVED AREAS; SUCH REPORT SHALL ALSO INCLUDE AN  ANALYSIS
 AS  TO  WHETHER  RETAIL  CLINICS  HAVE IMPROVED ACCESS TO HEALTH CARE IN
 UNDERSERVED AREAS, RECOMMENDATIONS RELATED THERETO AND ANY OTHER  INFOR-
 MATION THE DEPARTMENT MAY DEEM NECESSARY.
   7.  THIS SECTION DOES NOT AUTHORIZE ANY FORM OF OWNERSHIP OR ORGANIZA-
 TION OF A RETAIL CLINIC OR PRACTICE OF ANY  PROFESSION  THAT  WOULD  NOT
 OTHERWISE  BE  LEGAL,  AND  DOES NOT EXPAND THE SCOPE OF PRACTICE OF ANY
 HEALTH CARE PRACTITIONER. WHERE ANY REGULATION UNDER THIS SECTION  WOULD
 AFFECT  THE  SCOPE OF PRACTICE THAT MAY BE PROVIDED IN A RETAIL CLINIC A
 HEALTH CARE PRACTITIONER LICENSED, REGISTERED, CERTIFIED  OR  AUTHORIZED
 TO PRACTICE UNDER TITLE EIGHT OF THE EDUCATION LAW, THE REGULATION SHALL
 BE MADE IN CONSULTATION WITH THE COMMISSIONER OF EDUCATION.
   8.  THE HOST BUSINESS ENTITY OF A RETAIL CLINIC SHALL NOT, DIRECTLY OR
 INDIRECTLY, BY CONTRACT, POLICY, COMMUNICATION, INCENTIVE OR  OTHERWISE,
 INFLUENCE OR SEEK TO INFLUENCE ANY CLINICAL DECISION, POLICY OR PRACTICE
 OF ANY HEALTH CARE PRACTITIONER PROVIDING ANY HEALTH CARE SERVICE IN THE
 RETAIL  CLINIC,  INCLUDING PRESCRIBING OR RECOMMENDING DRUGS, DEVICES OR
 SUPPLIES. THIS SUBDIVISION SHALL NOT PRECLUDE THE HOST  BUSINESS  ENTITY
 FROM  ESTABLISHING,  CONSISTENT  WITH  THIS  SECTION AND APPLICABLE LAW,
 S. 1963                             4
 
 LIMITATIONS ON OR REQUIREMENTS AS TO THE SCOPE OF HEALTH  CARE  SERVICES
 TO  BE PROVIDED IN THE RETAIL CLINIC OR ACTIVITIES TO ASSURE MAINTAINING
 QUALITY STANDARDS OF HEALTH CARE SERVICES.  AS  USED  IN  THIS  SECTION,
 "HOST  BUSINESS  ENTITY"  MEANS ANY RETAIL BUSINESS ORGANIZATION, RETAIL
 BUSINESS ENTITY OR BUSINESS ENTITY WITHIN WHOSE SPACE THE RETAIL  CLINIC
 IS  LOCATED  OR  WITH WHOSE NAME OR SYMBOL THE RETAIL CLINIC IS LABELED,
 BRANDED, ADVERTISED OR MARKETED.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have because a law. Effective immediately, the commissioner  of
 health  shall  make regulations and take other actions reasonably neces-
 sary to implement this act on that date.

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Senate Bill S1963

Sponsored By

Current Bill Status - In Senate Committee Health Committee

2025-S1963 (ACTIVE) - Details

2025-S1963 (ACTIVE) - Summary

2025-S1963 (ACTIVE) - Sponsor Memo

2025-S1963 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1963

Share this bill

Sponsored By

Gustavo Rivera

Current Bill Status - In Senate Committee Health Committee

2025-S1963 (ACTIVE) - Details

2025-S1963 (ACTIVE) - Summary

2025-S1963 (ACTIVE) - Sponsor Memo

2025-S1963 (ACTIVE) - Bill Text download pdf

Comments