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A05194 Summary:

BILL NOA05194
 
SAME ASNo Same As
 
SPONSORTannousis
 
COSPNSR
 
MLTSPNSR
 
 
Requires the department of health to prepare a report on the inspection of certain health facilities and clinics in the state of New York; provides the commissioner shall deliver such report to the governor and all legislative conference leaders no later than one hundred eighty days after the effective date; provides the report shall include the number of diagnostic treatment centers licensed by the department of health, the number of facilities that are not defined as diagnostic treatment centers, and the date of the most recent inspection.
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A05194 Actions:

BILL NOA05194
 
03/03/2023referred to health
01/03/2024referred to health
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A05194 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5194
 
SPONSOR: Tannousis
  TITLE OF BILL: An act requiring the department of health to prepare a report on the inspection of certain health facilities and clinics within the state of New York   PURPOSE OR GENERAL IDEA OF BILL: To require the Department of Health to prepare a report on the inspections of health facilities and clinics that perform medical proce- dures and surgeries, and deliver such report to the Governor and all legislative conference leaders.   SUMMARY OF PROVISIONS: Section one of this bill requires the Department of Health to prepare a report indicating the number of diagnostic and treatment centers it licenses under Article 28 of the Public Health Law that are regulated by 10 NYCRR Part 755 or 756, and the number of facilities that are not defined as diagnostic and treatment centers but can still legally perform medical procedures and surgery in New York State. The section also requires the report to include the date of the most recent Depart- ment of Health inspection :f each diagnostic and treatment center that is not accredited by the joint Commission. and the date of the most recent inspections of each clinic or facility that is net defined as a diagnostic and treatment canter, but can still legally perform medical procedures and surgeries in New York State. Section two of this bill requires the Commissioner of Health to deliver such report to the Governor and to all legislative conference leaders within 180 days of enactment. Section three of this bill provides that this act shall take effect immediately.   JUSTIFICATION: Recent inquiries and Freedom of Information Law (FOIL) requests to the New York State Department of Health regarding the frequency of inspections of health facilities have h.own that the Department does not have this information readily available. The inquiries have also shown that some clinics that perform medical procedures have gone over a decade without an inspection, an alarming fact that should be addressed legislatively. This legislation will aid in the development of a comprehensive under- standing of the current situation. Once the report is published and our legislature is well informed, they can implement laws to better protect the residents of New York State by ensuring all health facilities are regularly licensed and inspected by the Department of Health.   PRIOR LEGISLATIVE HISTORY: 2022: A.6916 Held for consideration in Health   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A05194 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5194
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 3, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  TANNOUSIS  --  read once and referred to the
          Committee on Health
 
        AN ACT requiring the department of health to prepare  a  report  on  the
          inspection  of  certain health facilities and clinics within the state
          of New York
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. The department of health shall prepare a report concerning
     2  the inspection of health facilities and clinics  in  the  state  of  New
     3  York. Such report shall include the following:
     4    1.  The  number  of  diagnostic  and treatment centers licensed by the
     5  department of health. In this section, diagnostic and treatment  centers
     6  shall mean any diagnostic and treatment centers regulated by Part 755 or
     7  Part 756 of Title 10 of the New York Codes, Rules and Regulations.
     8    2.  The  number  of  facilities that are not defined as diagnostic and
     9  treatment centers, but can still legally perform medical procedures  and
    10  surgeries in the state of New York.
    11    3.  The date of the most recent inspection performed by the department
    12  of health of each diagnostic and treatment center that is not accredited
    13  by the joint commission.  For purposes of this paragraph, the term joint
    14  commission shall  mean  the  independent,  not-for-profit  organization,
    15  founded  in  1951,  which sets standards, accredits and evaluates health
    16  care organizations and programs in the United States.
    17    4. The date of the most recent inspection performed by the  department
    18  of health of each clinic or facility that is not defined as a diagnostic
    19  and  treatment  center, but can still legally perform medical procedures
    20  and surgeries in the state of New York, and is  not  accredited  by  the
    21  joint commission.
    22    §  2.  The  commissioner  of  health  shall deliver such report to the
    23  governor and all  legislative  conference  leaders  no  later  than  one
    24  hundred eighty days after the effective date of this act.
    25    § 3. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05137-01-3
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