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A06702 Summary:

SAME ASNo same as
Amd S230-d, Pub Health L
Requires all facilities operated as an office-based practice or setting to annually register with its accrediting agency, in consultation with the department of health; makes such facilities eligible for payments from health insurers for use of an accredited office-based surgery facility, in addition to payments to the surgeon for the procedure.
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A06702 Text:

                STATE OF NEW YORK
                               2013-2014 Regular Sessions
                   IN ASSEMBLY
                                     April 16, 2013
        Introduced  by M. of A. QUART -- read once and referred to the Committee
          on Health
        AN ACT to amend the public health law, in relation  to  registration  of
          office-based surgery facilities and payments for the use thereof
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 1 of section 230-d of the public health law  is
     2  amended by adding two new paragraphs (j) and (k) to read as follows:
     3    (j)  "Licensee  practice" shall mean an office-based surgery facility,
     4  which has accredited status. Such  a  facility  may  operate  under  the
     5  license of the licensee.
     6    (k)  "Health  plan"  shall  mean  an  insurer licensed pursuant to the
     7  insurance law to write accident and health insurance,  or  a  non-profit
     8  medical and dental indemnity, or health and hospital service corporation
     9  licensed  pursuant  to  article  forty-three  of the insurance law, or a
    10  health maintenance organization certified pursuant to article forty-four
    11  of this chapter.
    12    § 2. Section 230-d of the public health law is amended by  adding  two

    13  new subdivisions 3-a and 6 to read as follows:
    14    3-a.   (a) Every facility operated as an office-based surgery practice
    15  or setting shall, not later than January first, two  thousand  fourteen,
    16  in  addition to obtaining and maintaining full accredited status, hold a
    17  certificate of registration issued by the accrediting agency, in consul-
    18  tation with the department. The accrediting agency shall issue a certif-
    19  icate to an applicant licensee practice which:
    20    (i) files an application for registration in such form and having such
    21  content as shall be determined by the accrediting agency,  in  consulta-
    22  tion with the department;
    23    (ii)  has successfully completed an on-site inspection of the facility

    24  conducted by a nationally-recognized accrediting agency as designated by
    25  the commissioner;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 6702                             2
     1    (iii) submits proof of its full accredited status; and
     2    (iv)  the initial certification of which has an initiation date of the
     3  first date of accreditation  as  long  as  the  facility  remains  fully
     4  accredited pursuant to this section.
     5    (b)  No  facility  operated  as  an  office-based  surgery practice or
     6  setting shall hold itself out as or represent  that  it  is  registered,

     7  unless  it  holds a valid certificate of registration issued pursuant to
     8  this subdivision.
     9    (c) The certificate of registration issued to a facility  pursuant  to
    10  this subdivision shall be conspicuously posted at the principal adminis-
    11  trative office of such facility.
    12    (d)  In  the  event  the  accrediting agency finds that an application
    13  submitted pursuant to paragraph (a)  of  this  subdivision  contains  or
    14  evinces any deficiency in the applicant's accredited status, the accred-
    15  iting  agency  may  issue  a provisional certificate of registration for
    16  such period of time as may be necessary to cure such deficiency. No such
    17  provisional certificate shall be issued until the  applicant  agrees  in

    18  writing to fully comply with the provision of this section.
    19    (e)  Each  certificate  of registration shall be valid for a period of
    20  three years, or until the accredited status  of  the  facility  expires,
    21  whichever shall occur first.
    22    6.  Every  facility  operated  as  an office-based surgery practice or
    23  setting with full accredited status, including a current certificate  of
    24  registration,  shall  be eligible to seek payment from a health plan for
    25  the use of such facility. Such payment shall be in addition to  the  fee
    26  charged  by the licensee for the performance of the covered office-based
    27  surgery involving an insured or a health plan  enrollee;  provided  that
    28  the  health  plan  also  reimburses for the use of a facility charged in

    29  connection with the same covered procedure performed at  a  hospital  or
    30  ambulatory  surgery center organized pursuant to article twenty-eight of
    31  this chapter. When calculating  the  appropriate  rate  of  office-based
    32  surgery  facility  fees,  a health plan may also take into consideration
    33  certain comparable and non-comparable costs and obligations of ambulato-
    34  ry surgery centers and hospitals.
    35    § 3. This act shall take effect immediately; provided,  however,  that
    36  subdivision  6  of  section  230-d of the public health law, as added by
    37  section two of this act, shall be deemed to have been in full force  and
    38  effect on and after January 18, 2009, and shall only apply to facilities
    39  during the period of time which they remain fully accredited pursuant to
    40  section 230-d of the public health law.
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