A03048 Summary:

BILL NOA03048B
 
SAME ASSAME AS UNI. S02128-B
 
SPONSORMalliotakis
 
COSPNSRFitzpatrick, Simanowitz, Kearns, DiPietro, Goodell, Raia, Tenney, Palumbo, Lupinacci, Montesano, McDonough, Ceretto, Stec, Curran
 
MLTSPNSRGraf
 
Add 2801 & 2828, Pub Health L
 
Requires the commissioner of the department of health to undertake periodic inspections of diagnostic and treatment centers.
Go to top    

A03048 Actions:

BILL NOA03048B
 
01/21/2015referred to health
03/03/2015amend and recommit to health
03/03/2015print number 3048a
01/06/2016referred to health
02/25/2016amend and recommit to health
02/25/2016print number 3048b
Go to top

A03048 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3048B
 
SPONSOR: Malliotakis
  TITLE OF BILL: An act to amend the public health law, in relation to periodic diagnos- tic and treatment center inspection   PURPOSE: The purpose of this bill is to establish a requirement for the Health Commissioner to inspect diagnostic and treatment centers once every two years, and submit a written report of the results of each inspection to the Assembly, Senate, and Governor.   SUMMARY OF PROVISIONS: Section one of this bill amends Public Health Law section 2801 to define the term "diagnostic and treatment center" to mean diagnostic and treat- ment centers that are authorized to perform ambulatory surgery, includ- ing but not limited to centers regulated by 10 NYCRR Part 755 or 756. Section two of this bill requires the Department of Health to inspect each diagnostic and treatment center located within the State not less than biennially and produce an annual report summarizing the prior year's inspection activity. The report must be delivered to the Gover- nor, the Speaker of the Assembly, the Temporary President of the Senate, the Assembly Minority Leader, and the Senate Minority Leader, 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 Department of Health regarding the frequency of inspections of health facilities have shown that the Department does not have this information readily available. It also has proven that some clinics that perform medical procedures in our state have gone over a decade without an inspection, an alarming fact that should be addressed legislatively. This legislation is a preliminary step in resolving this issue and was introduced to get a better understanding of the situation. This measure would give the legislature a better understanding of the frequency of health inspections at facilities that perform surgeries and other medical facilities that do not already adhere to the inspection requirements. The report's information would help the legislature imple- ment laws to better protect the residents of New York State and ensure that all health facilities are regularly licensed by the Department of Health are also regularly inspected.   LEGISLATIVE HISTORY: 2015: S.2128 - Referred to Health   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect immediately.
Go to top

A03048 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 2128--B                                            A. 3048--B
 
                               2015-2016 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                    January 21, 2015
                                       ___________
 
        IN  SENATE -- Introduced by Sen. GOLDEN -- read twice and ordered print-
          ed, and when printed to be committed to the  Committee  on  Health  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee  --  recommitted  to  the  Committee  on
          Health  in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        IN ASSEMBLY -- Introduced by M. of A. MALLIOTAKIS, FITZPATRICK, SIMANOW-
          ITZ, KEARNS, DiPIETRO,  GOODELL,  RAIA,  TENNEY,  PALUMBO,  LUPINACCI,
          MONTESANO,  McDONOUGH,  CERETTO, STEC, CURRAN -- Multi-Sponsored by --
          M. of A. GRAF -- read once and referred to the Committee on Health  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee  --  recommitted  to  the  Committee  on
          Health  in  accordance  with  Assembly  Rule  3,  sec.  2 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN ACT to amend the public health law, in relation to periodic  diagnos-
          tic and treatment center inspection

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 2801 of the public health law is amended by  adding
     2  a new subdivision 11 to read as follows:
     3    11. "Diagnostic and treatment center" means any hospital as defined by
     4  subdivision  one of this section operating as a diagnostic and treatment
     5  center authorized to provide ambulatory surgical services, including but
     6  not limited to diagnostic and treatment centers regulated by Part  seven
     7  hundred  fifty-five  or Part seven hundred fifty-six of Title ten of the
     8  New York Code of Rules and Regulations.
     9    § 2. The public health law is amended by adding a new section 2828  to
    10  read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00573-03-6

        S. 2128--B                          2                         A. 3048--B
 
     1    §  2828.  Powers  and  duties of the commissioner. 1. The commissioner
     2  shall promulgate rules and regulations to carry out  the  provisions  of
     3  this  article,  including,  but not limited to, regulations establishing
     4  standards for cleanliness, hygiene, and safety.
     5    2.  The  department,  under  the  direction of the commissioner, shall
     6  inspect each diagnostic and treatment center not less  than  biennially.
     7  The  commissioner  may appoint and designate, from time to time, persons
     8  to make the inspections authorized by this article.
     9    3. The commissioner shall create  a  biennial  report  indicating  the
    10  results  of  all individual inspections and deliver a copy to the assem-
    11  bly, the senate, and the governor.
    12    4. The commissioner may by regulation authorize any county or  munici-
    13  pal department of health to administer this section within its jurisdic-
    14  tion.
    15    5. Provisions of this section shall not apply to facilities accredited
    16  by the joint commission on accreditation of healthcare organizations.
    17    § 3. This act shall take effect immediately.
Go to top