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A05989 Summary:

Amd §2803-l, add §2806-c, Pub Health L
Requires general hospitals to develop and implement policies that assure equitable and consistent access to outpatient services as part of their community service plans.
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A05989 Actions:

03/04/2021referred to health
09/15/2021enacting clause stricken
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A05989 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                      March 4, 2021
        Introduced by M. of A. PICHARDO -- read once and referred to the Commit-
          tee on Health
        AN  ACT  to  amend  the  public health law, in relation to equitable and
          consistent access to outpatient care services
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraphs  (iii)  and  (iv)  of subdivision 2 of section
     2  2803-l of the public health law, as amended by chapter 639 of  the  laws
     3  of  1996,  are  amended  and  a  new  paragraph  (v) is added to read as
     4  follows:
     5    (iii) demonstrate the hospital's operational and financial  commitment
     6  to meeting community health care needs, to provide charity care services
     7  and to improve access to health care services by the underserved; [and]
     8    (iv) prepare and make available to the public a statement showing on a
     9  combined  basis a summary of the financial resources of the hospital and
    10  related corporations and the allocation of available resources to hospi-
    11  tal  purposes  including  the  provision  of  free  or  reduced   charge
    12  services[.]; and
    13    (v) demonstrate the hospital's commitment to ensuring quality care and
    14  continuity  of  care within all treatment settings for all patient popu-
    15  lations, including persons covered by Medicaid  and  the  uninsured,  in
    16  accordance  with the provisions of section twenty-eight hundred six-c of
    17  this article.
    18    § 2. The public health law is amended by adding a new  section  2806-c
    19  to read as follows:
    20    §  2806-c. Access to outpatient services. Every general hospital shall
    21  establish policies that assure equitable and consistent access to outpa-
    22  tient care services that may be provided or arranged  by  such  hospital
    23  through  hospital-affiliated  outpatient  departments,  clinics, faculty
    24  practice plans or private physician practices, regardless of a patient's
    25  source of coverage or payment. Such policies shall be incorporated with-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 5989                             2
     1  in the general hospital's community services plan,  in  accordance  with
     2  the  provisions of section twenty-eight hundred three-l of this article.
     3  To assist general hospitals in satisfying these obligations and develop-
     4  ing  such policies, the department shall examine barriers that may exist
     5  to assuring equitable access to health care services. In conducting such
     6  examination, the department shall consider any state or federal  regula-
     7  tory or reimbursement policies that discourage equitable access, regard-
     8  less  of  the  patient's  source  of coverage or payment. The department
     9  shall also examine the extent to which insurance and managed care  bene-
    10  fit designs may discourage or preclude access to appropriate services by
    11  patients, regardless of the patient's source of coverage or payment. The
    12  commissioner  shall,  on  or  before December thirty-first, two thousand
    13  twenty-two, issue a report on such examination including recommendations
    14  for any necessary legislative or regulatory changes to enhance access to
    15  services, and detailing any federal statutory or regulatory barriers.
    16    § 3. This act shall take effect immediately, except that  section  one
    17  of  this  act shall take effect on October 1, 2022 and the provisions of
    18  such section shall apply to community service plans due and submitted on
    19  or after such date.
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