STATE OF NEW YORK
________________________________________________________________________
4060
2009-2010 Regular Sessions
IN SENATE
April 8, 2009
___________
Introduced by Sen. MONTGOMERY -- read twice and ordered printed, and
when printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to school-based
health centers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2510 of the public health law is amended by adding
2 a new subdivision 13 to read as follows:
3 13. "School-based health center" means a clinic licensed under article
4 twenty-eight of this chapter, or sponsored by a facility licensed under
5 such article, which provides primary care services within an elementary
6 or secondary public school setting.
7 § 2. Paragraph (i) of subdivision 9 of section 2511 of the public
8 health law, as relettered by section 46 of part A of chapter 1 of the
9 laws of 2002, is relettered paragraph (j) and a new paragraph (i) is
10 added to read as follows:
11 (i) Notwithstanding any inconsistent provisions of paragraph (a) of
12 this subdivision, the commissioner shall, within amounts appropriated
13 therefor, contract with school-based health centers to provide education
14 and outreach and to facilitate the enrollment of children who may be
15 eligible for benefits under this title and title eleven of article five
16 of the social services law. In order to be approved pursuant to this
17 paragraph, a school-based health center shall meet the criteria set
18 forth in this subdivision.
19 § 3. Subdivision 9 of section 2511 of the public health law, as
20 amended by chapter 639 of the laws of 1996, is amended to read as
21 follows:
22 9. The commissioner shall, within amounts available therefor, contract
23 with community-based and other marketing organizations for purposes of
24 public education, outreach, and recruitment of eligible children,
25 including the distribution of applications and information regarding
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00802-01-9
S. 4060 2
1 enrollment. In awarding such contracts, the commissioner shall consider
2 the marketing, outreach and recruitment efforts of approved organiza-
3 tions, and the extent to which such organizations are able to effec-
4 tively target efforts in geographic regions where the proportion of
5 eligible children enrolled under this title are lower than in other
6 geographic regions of the state. Community-based organizations shall
7 include, but not be limited to: day care centers, schools, school-based
8 health centers, community-based diagnostic and treatment centers, and
9 hospitals.
10 § 4. Section 2511 of the public health law is amended by adding a new
11 subdivision 21 to read as follows:
12 21. An approved organization shall not limit an eligible child's
13 direct access to primary care services covered pursuant to subdivision
14 seven of section twenty-five hundred ten of this title from a school-
15 based health center serving the school attended by the child and
16 included within the provider network of the approved organization in
17 which the child is enrolled. The school-based health center shall
18 discuss any such primary care services and treatment plan with the
19 child's primary care practitioner in accordance with the requirements of
20 the organization and this title.
21 § 5. This act shall take effect on the ninetieth day after it shall
22 have become a law; provided, however, that the amendments to subdivision
23 9 of section 2511 of the public health law made by section two of this
24 act shall be subject to the expiration and reversion of such subdivision
25 pursuant to section 47 of chapter 2 of the laws of 1998, as amended,
26 when upon such date the provisions of section three of this act shall
27 take effect.
