Requires the commissioner of health to promulgate regulations requiring that the addition of, decertification of, or changes in the method of delivery of perinatal services by a general hospital be subject to an application under article 28 of the public health law that requires review and approval by the council.
STATE OF NEW YORK
________________________________________________________________________
2454
2025-2026 Regular Sessions
IN ASSEMBLY
January 17, 2025
___________
Introduced by M. of A. McDONALD, BURDICK, SHIMSKY, BUTTENSCHON, CUNNING-
HAM, SANTABARBARA, STIRPE, LEVENBERG, LUNSFORD, BENDETT, McDONOUGH,
BRABENEC, SLATER, WOERNER, LAVINE, SEAWRIGHT, PAULIN, DAVILA, McMAHON,
SIMONE, DINOWITZ, EPSTEIN, TAPIA, TAYLOR, ZINERMAN, SHRESTHA, RAGA,
REYES, HEVESI, ROZIC, CLARK, FORREST, BORES -- read once and referred
to the Committee on Health
AN ACT to amend the public health law, in relation to review of projects
affecting the availability of maternity services
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (v) of paragraph (a) of subdivision 2 of
2 section 2803 of the public health law, as added by chapter 807 of the
3 laws of 1985, is amended to read as follows:
4 (v) standards and procedures relating to hospital operating certif-
5 icates, provided however, that the council shall establish minimum
6 acceptable standards and procedures equal to the standards and proce-
7 dures which federal law and regulation require for hospitals to qualify
8 as providers pursuant to titles XVIII and XIX of the federal social
9 security act. The existing state standards and procedures in effect on
10 the date that this subdivision becomes effective shall be deemed to
11 constitute maximum standards and procedures for purposes of limiting
12 medical assistance reimbursement pursuant to the social services law.
13 Such standards and procedures may thereafter be changed or added to by
14 the council only upon the recommendation of the commissioner. For the
15 purposes of ensuring that the health and safety of the residents of
16 hospitals are not endangered, the council may promulgate changes in the
17 minimum acceptable standards and procedures referred to herein upon
18 recommendation of the commissioner. Provided, however, the commissioner
19 shall promulgate regulations requiring that the addition of, decertif-
20 ication of, or changes in the method of delivery of perinatal services
21 by a general hospital shall be subject to an application under this
22 article that requires review and approval by the council, and
23 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04159-01-5
