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A07748 Summary:

BILL NOA07748
 
SAME ASSAME AS S05342
 
SPONSORGottfried
 
COSPNSR
 
MLTSPNSR
 
Amd 2999-aa, Pub Health L
 
Extends the authority of the commissioner of health to issue certificates of public advantage.
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A07748 Actions:

BILL NOA07748
 
05/11/2017referred to health
05/23/2017reported
05/25/2017advanced to third reading cal.569
06/21/2017substituted by s5342
 S05342 AMEND= HANNON
 03/22/2017REFERRED TO HEALTH
 05/23/20171ST REPORT CAL.1146
 05/24/20172ND REPORT CAL.
 06/05/2017ADVANCED TO THIRD READING
 06/14/2017PASSED SENATE
 06/14/2017DELIVERED TO ASSEMBLY
 06/14/2017referred to health
 06/21/2017substituted for a7748
 06/21/2017ordered to third reading cal.569
 06/21/2017passed assembly
 06/21/2017returned to senate
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A07748 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7748
 
SPONSOR: Gottfried
  TITLE OF BILL: An act to amend the public health law, in relation to extending the authority of the commissioner of health to issue certificates of public advantage   PURPOSE OF THE BILL: This bill would extend the authority of the Commissioner of Health to issue certificates of public advantage (COPAs).   SUMMARY OF PROVISIONS: Section 1 of the bill would amend subdivision 1 of section 2999-aa of the Public Health Law (PHL) to extend the authority of the Commissioner of Health to issue COPAs from December 31, 2016, to December 31, 2020. Section 2 of the bill would provide for an immediate effective date.   EXISTING LAW: PHIL section 2999-aa authorizes the Commissioner of Health to issue COPAs.   LEGISLATIVE HISTORY: PHL Article 29-F was enacted by Chapter 59 of the Laws of 2011, Part H, §§ 50-51.   STATEMENT IN SUPPORT: PHL Article 29-F requires the Department of Health (DOH) to establish a regulatory structure to engage in appropriate state supervision to promote state action immunity under state and federal antitrust laws. DOH's regulations (10 NYCRR Subpart 83-2) implement Article 29-F and establish a process for providers to apply for a COPA for their collabo- rative arrangements. COPAs are designed to facilitate the ability of health care providers to engage in arrangements such as mergers and clinical integration agree- ments that would promote improvements in access to care and quality of care. Continuing DOH's ability to issue COPAs in appropriate cases is necessary to allow provider to continue to pursue such arrangements and the corresponding benefits. Accordingly, this bill would extend the authority of the Commissioner of Health to issue COPAs to December 31, 2020.   POSSIBLE OBJECTIONS: New York State insurers and their associations.   BUDGET IMPLICATIONS: None.
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A07748 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7748
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 11, 2017
                                       ___________
 
        Introduced  by  M.  of  A. GOTTFRIED -- (at request of the Department of
          Health) -- read once and referred to the Committee on Health
 
        AN ACT to amend the public health law,  in  relation  to  extending  the
          authority  of  the  commissioner  of  health  to issue certificates of
          public advantage

          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 2999-aa of the public health law,
     2  as added by section 51 of part H of chapter 59 of the laws of  2011,  is
     3  amended to read as follows:
     4    1.  In order to promote improved quality and efficiency of, and access
     5  to, health care services and to promote improved  clinical  outcomes  to
     6  the  residents  of  New  York,  it  shall  be the policy of the state to
     7  encourage, where appropriate, cooperative, collaborative and integrative
     8  arrangements including but not  limited  to,  mergers  and  acquisitions
     9  among  health  care  providers  or  among  others who might otherwise be
    10  competitors, under the active supervision of the  commissioner.  To  the
    11  extent  such arrangements, or the planning and negotiations that precede
    12  them, might be anti-competitive within the meaning  and  intent  of  the
    13  state and federal antitrust laws, the intent of the state is to supplant
    14  competition  with  such  arrangements  under  the active supervision and
    15  related administrative actions  of  the  commissioner  as  necessary  to
    16  accomplish  the  purposes  of  this article, and to provide state action
    17  immunity under the state and federal  antitrust  laws  with  respect  to
    18  activities  undertaken  by  health care providers and others pursuant to
    19  this article, where the benefits of such  active  supervision,  arrange-
    20  ments  and actions of the commissioner outweigh any disadvantages likely
    21  to result from a reduction of competition. The  commissioner  shall  not
    22  approve  an  arrangement for which state action immunity is sought under
    23  this article without first consulting with, and receiving a  recommenda-
    24  tion from, the public health and health planning council. No arrangement
    25  under  this  article  shall be approved after December thirty-first, two
    26  thousand [sixteen] twenty.
    27    § 2. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09926-01-7
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