Enacts provisions authorizing retail clinics and limited services clinics to provide certain services and directs the commissioner of health to enact regulations imposing certain standards and restrictions.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1411B
SPONSOR: Paulin (MS) TITLE OF BILL: An act to amend the public health law, in relation to
retail clinics and limited services clinics
PURPOSE:
To create standards for the establishment and operation of retail clin-
ics and limited services clinics.
SUMMARY OF PROVISIONS:
Section one adds a new section 230-e to the public health law, which
provides the definition for retail clinics and specifies the treatments
and services that may be provided. This section also provides that a
retail clinic shall be deemed a "health care provider" for purposes of
title two-D of article two of the public health law. It authorizes the
commissioner to set regulations for operational and physical plant stan-
dards, and requires that a retail clinic shall provide treatment without
regard to method of payment.
Retail clinics are required to report to the department, and the depart-
ment is required to review and enforce clinics' compliance with this
section. The department shall also provide an annual report which
includes information about retail clinics in the state.
Further, this section provides that it 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 that it does not affect
scope of practice in any way. It also provides that the host business
entity shall not influence any clinical decision, policy, or practice of
the health care practitioner.
Section two amends section 2801-a of the public health law by adding a
new subdivision 17 authorizing a legal entity formed under the laws of
New York to own or operate a limited services clinic provided that it
complies with all applicable requirements and demonstrates, to the
satisfaction of the public health council, sufficient experience and
expertise delivering high quality health care services, as well as a
commitment to operate in medically underserved areas of the state.
The public health council is directed to amend rules and regulations to
address any matter pertinent to the establishment and operation or
limited services clinics. This section also clarifies that several
provisions of 2801-a relating to corporations do not apply to limited
services clinics.
This section further provides that a limited services clinic shall be
deemed to be a "health care provider" for the purposes of title two-D of
article two of the public health law (healthcare provider referrals). A
prescriber practicing in a limited services clinic shall not be deemed
to be in the employ of a pharmacy or practicing in a hospital for
purposes of section 6807 (2) of the education law.
In addition, this section directs the commissioner to promulgate regu-
lations for limited services clinics, which may be different from the
regulations applicable to diagnostic or treatment centers. The regu-
lations shall include, but are not limited to: accreditation, designat-
ing or limiting the treatments that may be provided, prohibiting the
provision of services to children twenty-four months or younger, requir-
ing such clinics to accept walk-ins and offer extended hours, and guide-
lines for advertising. It also requires that regulations shall promote
and strengthen primary care, including a requirement to maintain a list
of local primary care providers.
This section also contains a reporting requirement, and a requirement
that each limited services clinic shall use its best efforts to execute
participation agreements with health information organizations.
Lastly, section two provides that the a limited services clinic shall
provide treatment without regard to method of payment, and that the host
business entity shall not influence any clinical decision, policy, or
practice of the health care practitioner.
Section three provides the effective date.
JUSTIFICATION:
Retail clinics and limited services clinics already exist in several
locations throughout New York State. However, there is currently no
statutory or regulatory scheme in place that specifically addresses
these entities. This bill will ensure that all retail clinics and limit-
ed services clinics are created and operated according to set standards.
By establishing these regulations, the state will be better able to
monitor retail clinics and limited services clinics to make certain that
they are providing safe, high quality health care services.
LEGISLATIVE HISTORY:
A.5124-B, 2013 referred to health and 2014 referred to codes.
A.81-B, 2011 and 2012 referred to health.
A.11021, 2010 referred to health. Same as S.8275,
2010 referred to rules.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after which
it shall have become law.
