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.
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.
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