Bill Text: NY A01411 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Moderate Partisan Bill (Democrat 21-5)

Status: (Introduced - Dead) 2016-06-09 - print number 1411b [A01411 Detail]

Download: New_York-2015-A01411-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1411
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2015
                                      ___________
       Introduced  by  M. of A. PAULIN, GOTTFRIED, BENEDETTO -- Multi-Sponsored
         by -- M. of A. HIKIND, HOOPER -- read once and referred to the Commit-
         tee on Health
       AN ACT to amend the public health law, in relation to retail clinics and
         limited services clinics
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  public health law is amended by adding a new section
    2  230-e to read as follows:
    3    S 230-E. RETAIL CLINICS. 1. AS USED IN THIS SECTION,  "RETAIL  CLINIC"
    4  MEANS  A  FACILITY  OR PORTION OF A FACILITY, REGARDLESS OF OWNERSHIP OR
    5  FORM OF ORGANIZATION, THAT PROVIDES HEALTH CARE  SERVICES  OR  TREATMENT
    6  (OTHER  THAN  PHARMACY) PROVIDED BY A HEALTH CARE PRACTITIONER LICENSED,
    7  CERTIFIED, REGISTERED OR AUTHORIZED TO PRACTICE UNDER TITLE EIGHT OF THE
    8  EDUCATION LAW, ACTING WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE,  THAT:
    9  (A)  IS WITHIN THE SPACE OF A RETAIL BUSINESS OPERATION, SUCH AS A PHAR-
   10  MACY OR A STORE OPEN TO THE GENERAL PUBLIC;  (B)  IS  LABELED,  BRANDED,
   11  ADVERTISED  OR  MARKETED  WITH  THE  NAME OR SYMBOL OF A RETAIL BUSINESS
   12  ENTITY; OR (C) IS LABELED, BRANDED, ADVERTISED OR MARKETED WITH THE NAME
   13  OR SYMBOL OF A BUSINESS  ENTITY,  OTHER  THAN  A  BUSINESS  ENTITY  THAT
   14  PROVIDES  HEALTH  CARE  SERVICES  OR TREATMENT PROVIDED AT THE FACILITY.
   15  HOWEVER, A FACILITY OR PORTION OF A FACILITY SHALL NOT BE DEEMED TO BE A
   16  RETAIL CLINIC IF IT ORDINARILY IS USED ONLY FOR  PROVIDING  HEALTH  CARE
   17  SERVICES TO EMPLOYEES OF THE RETAIL BUSINESS OPERATION.
   18    2. THE TREATMENTS AND SERVICES THAT MAY BE PROVIDED BY A RETAIL CLINIC
   19  SHALL  BE LIMITED TO THE PROVISION OF TREATMENT AND SERVICES TO PATIENTS
   20  FOR ACUTE EPISODIC ILLNESS OR CONDITION; EPISODIC  PREVENTIVE  TREATMENT
   21  AND SERVICES SUCH AS IMMUNIZATIONS; OPHTHALMIC DISPENSING AND OPHTHALMO-
   22  LOGIC  OR  OPTOMETRIC  SERVICES  PROVIDED  IN CONNECTION WITH OPHTHALMIC
   23  DISPENSING; OR TREATMENT AND SERVICES FOR MINOR  TRAUMAS  THAT  ARE  NOT
   24  REASONABLY  LIKELY  TO  BE  LIFE-THREATENING OR POTENTIALLY DISABLING IF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04863-01-5
       A. 1411                             2
    1  AMBULATORY CARE WITHIN THE CAPACITY OF THE RETAIL  CLINIC  IS  PROVIDED;
    2  BUT  SHALL  NOT  INCLUDE  MONITORING  OR  TREATMENT  AND  SERVICES  OVER
    3  PROLONGED PERIODS.
    4    3.  A RETAIL CLINIC SHALL BE DEEMED TO BE A "HEALTH CARE PROVIDER" FOR
    5  THE PURPOSES OF TITLE TWO-D OF ARTICLE TWO OF THIS CHAPTER. A PRESCRIBER
    6  PRACTICING IN A RETAIL CLINIC SHALL NOT BE DEEMED TO BE IN THE EMPLOY OF
    7  A PHARMACY OR PRACTICING IN A HOSPITAL FOR PURPOSES OF  SUBDIVISION  TWO
    8  OF SECTION SIXTY-EIGHT HUNDRED SEVEN OF THE EDUCATION LAW.
    9    4.  THE  COMMISSIONER SHALL MAKE REGULATIONS SETTING FORTH OPERATIONAL
   10  AND PHYSICAL PLANT STANDARDS FOR  RETAIL  CLINICS,  INCLUDING,  BUT  NOT
   11  LIMITED  TO: REQUIRING ACCREDITATION; DESIGNATING OR LIMITING THE TREAT-
   12  MENTS AND SERVICES THAT MAY BE PROVIDED; PROHIBITING  THE  PROVISION  OF
   13  SERVICES TO PATIENTS TWENTY-FOUR MONTHS OF AGE OR YOUNGER; THE PROVISION
   14  OF  SPECIFIC  IMMUNIZATIONS  TO  PATIENTS YOUNGER THAN EIGHTEEN YEARS OF
   15  AGE; AND REQUIREMENTS OR GUIDELINES FOR ADVERTISING AND SIGNAGE, DISCLO-
   16  SURE OF OWNERSHIP INTERESTS, INFORMED CONSENT, RECORD KEEPING,  REFERRAL
   17  FOR  TREATMENT  AND  CONTINUITY OF CARE, CASE REPORTING TO THE PATIENT'S
   18  PRIMARY CARE OR  OTHER  HEALTH  CARE  PROVIDERS,  DESIGN,  CONSTRUCTION,
   19  FIXTURES,  AND  EQUIPMENT.  SUCH  REGULATIONS  ALSO  SHALL  PROMOTE  AND
   20  STRENGTHEN  PRIMARY  CARE  THROUGH:  (A)  THE  INTEGRATION  OF  SERVICES
   21  PROVIDED  BY  RETAIL CLINICS WITH THE SERVICES PROVIDED BY THE PATIENT'S
   22  OTHER HEALTH CARE PROVIDERS; AND (B) THE REFERRAL OF PATIENTS TO  APPRO-
   23  PRIATE  HEALTH  CARE  PROVIDERS,  INCLUDING  APPROPRIATE TRANSMISSION OF
   24  PATIENT HEALTH RECORDS.
   25    5. THIS SECTION DOES NOT AUTHORIZE ANY FORM OF OWNERSHIP OR  ORGANIZA-
   26  TION  OF  A  RETAIL  CLINIC OR PRACTICE OF ANY PROFESSION THAT WOULD NOT
   27  OTHERWISE BE LEGAL, AND DOES NOT EXPAND THE SCOPE  OF  PRACTICE  OF  ANY
   28  HEALTH  CARE PRACTITIONER. WHERE ANY REGULATION UNDER THIS SECTION WOULD
   29  AFFECT THE SCOPE OF PRACTICE OF A  HEALTH  CARE  PRACTITIONER  LICENSED,
   30  REGISTERED,  CERTIFIED  OR AUTHORIZED UNDER TITLE EIGHT OF THE EDUCATION
   31  LAW, THE REGULATION SHALL BE MADE WITH THE CONCURRENCE  OF  THE  COMMIS-
   32  SIONER OF EDUCATION.
   33    S  2.  Section  2801-a of the public health law is amended by adding a
   34  new subdivision 17 to read as follows:
   35    17. (A) DIAGNOSTIC OR TREATMENT CENTERS ESTABLISHED TO PROVIDE  HEALTH
   36  CARE SERVICES WITHIN THE SPACE OF A RETAIL BUSINESS OPERATION, SUCH AS A
   37  PHARMACY,  A STORE OPEN TO THE GENERAL PUBLIC OR WITHIN SPACE USED BY AN
   38  EMPLOYER FOR PROVIDING HEALTH CARE SERVICES TO  ITS  EMPLOYEES,  MAY  BE
   39  OWNED  AND/OR  OPERATED  BY  LEGAL ENTITIES FORMED UNDER THE LAWS OF NEW
   40  YORK WHOSE STOCKHOLDERS OR  MEMBERS,  AS  APPLICABLE,  ARE  NOT  NATURAL
   41  PERSONS AND WHOSE PRINCIPAL STOCKHOLDERS AND MEMBERS, AS APPLICABLE, AND
   42  CONTROLLING  PERSONS  COMPLY  WITH  ALL  APPLICABLE REQUIREMENTS OF THIS
   43  SECTION AND DEMONSTRATE, TO THE SATISFACTION OF THE  PUBLIC  HEALTH  AND
   44  HEALTH PLANNING COUNCIL, SUFFICIENT EXPERIENCE AND EXPERTISE IN DELIVER-
   45  ING  HIGH QUALITY HEALTH CARE SERVICES. IN ADDITION, A GENERAL HOSPITAL,
   46  A DIAGNOSTIC AND TREATMENT CENTER, AND ANY ENTITY THAT  COULD  OTHERWISE
   47  OWN  A DIAGNOSTIC AND TREATMENT CENTER, MAY OWN A LIMITED SERVICES CLIN-
   48  IC. SUCH DIAGNOSTIC AND TREATMENT CENTERS SHALL BE REFERRED TO  IN  THIS
   49  SECTION AS "LIMITED SERVICES CLINICS". FOR PURPOSES OF THIS SUBDIVISION,
   50  THE  PUBLIC  HEALTH  AND  HEALTH  PLANNING COUNCIL SHALL ADOPT AND AMEND
   51  RULES AND REGULATIONS, NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION  OF
   52  THIS SECTION, TO ADDRESS ANY MATTER IT DEEMS PERTINENT TO THE ESTABLISH-
   53  MENT  OF  LIMITED  SERVICES  CLINICS; PROVIDED THAT SUCH RULES AND REGU-
   54  LATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO,  PROVISIONS  GOVERNING  OR
   55  RELATING  TO:  (I) ANY DIRECT OR INDIRECT CHANGES OR TRANSFERS OF OWNER-
   56  SHIP INTERESTS OR VOTING RIGHTS IN SUCH ENTITIES OR  THEIR  STOCKHOLDERS
       A. 1411                             3
    1  OR  MEMBERS,  AS  APPLICABLE,  AND  PROVIDE FOR PUBLIC HEALTH AND HEALTH
    2  PLANNING COUNCIL APPROVAL OF ANY CHANGE IN CONTROLLING INTERESTS,  PRIN-
    3  CIPAL  STOCKHOLDERS,  CONTROLLING  PERSONS,  PARENT COMPANY OR SPONSORS;
    4  (II)  OVERSIGHT  OF  THE  OPERATOR  AND  ITS SHAREHOLDERS OR MEMBERS, AS
    5  APPLICABLE, INCLUDING LOCAL GOVERNANCE OF THE LIMITED SERVICES  CLINICS;
    6  AND  (III)  RELATING  TO THE CHARACTER AND COMPETENCE AND QUALIFICATIONS
    7  OF, AND CHANGES RELATING TO, THE DIRECTORS AND OFFICERS OF THE  OPERATOR
    8  AND  ITS  PRINCIPAL STOCKHOLDERS, CONTROLLING PERSONS, PARENT COMPANY OR
    9  SPONSORS.
   10    (B) THE FOLLOWING PROVISIONS OF THIS SECTION SHALL NOT APPLY TO LIMIT-
   11  ED SERVICES CLINICS OPERATED PURSUANT TO THIS SUBDIVISION: (I) PARAGRAPH
   12  (A) OF SUBDIVISION THREE OF THIS SECTION; (II) PARAGRAPH (B) OF SUBDIVI-
   13  SION THREE OF THIS SECTION, RELATING TO STOCKHOLDERS AND  MEMBERS  OTHER
   14  THAN  PRINCIPAL  STOCKHOLDERS AND PRINCIPAL MEMBERS; (III) PARAGRAPH (C)
   15  OF SUBDIVISION FOUR OF THIS SECTION,  RELATING  TO  THE  DISPOSITION  OF
   16  STOCK  OR  VOTING  RIGHTS; AND (IV) PARAGRAPH (E) OF SUBDIVISION FOUR OF
   17  THIS SECTION, RELATING TO THE OWNERSHIP OF STOCK OR MEMBERSHIP.
   18    (C) A LIMITED SERVICES CLINIC SHALL BE DEEMED TO  BE  A  "HEALTH  CARE
   19  PROVIDER"  FOR  THE PURPOSES OF TITLE TWO-D OF ARTICLE TWO OF THIS CHAP-
   20  TER. A PRESCRIBER PRACTICING IN A LIMITED SERVICES CLINIC SHALL  NOT  BE
   21  DEEMED TO BE IN THE EMPLOY OF A PHARMACY OR PRACTICING IN A HOSPITAL FOR
   22  PURPOSES  OF SUBDIVISION TWO OF SECTION SIXTY-EIGHT HUNDRED SEVEN OF THE
   23  EDUCATION LAW.
   24    (D) THE COMMISSIONER SHALL PROMULGATE REGULATIONS SETTING FORTH OPERA-
   25  TIONAL AND PHYSICAL PLANT STANDARDS FOR LIMITED SERVICES CLINICS,  WHICH
   26  MAY BE DIFFERENT FROM THE REGULATIONS OTHERWISE APPLICABLE TO DIAGNOSTIC
   27  OR  TREATMENT CENTERS, INCLUDING, BUT NOT LIMITED TO: REQUIRING ACCREDI-
   28  TATION; DESIGNATING OR LIMITING THE TREATMENTS AND SERVICES THAT MAY  BE
   29  PROVIDED;  PROHIBITING THE PROVISION OF SERVICES TO PATIENTS TWENTY-FOUR
   30  MONTHS OF AGE OR YOUNGER; THE PROVISION  OF  SPECIFIC  IMMUNIZATIONS  TO
   31  PATIENTS  YOUNGER THAN EIGHTEEN YEARS OF AGE; AND REQUIREMENTS OR GUIDE-
   32  LINES FOR ADVERTISING AND SIGNAGE, DISCLOSURE  OF  OWNERSHIP  INTERESTS,
   33  INFORMED  CONSENT, RECORD KEEPING, REFERRAL FOR TREATMENT AND CONTINUITY
   34  OF CARE, CASE REPORTING TO THE PATIENT'S PRIMARY CARE  OR  OTHER  HEALTH
   35  CARE  PROVIDERS,  DESIGN,  CONSTRUCTION,  FIXTURES,  AND EQUIPMENT. SUCH
   36  REGULATIONS ALSO SHALL PROMOTE AND STRENGTHEN PRIMARY CARE THROUGH:  (I)
   37  THE  INTEGRATION  OF  SERVICES PROVIDED BY LIMITED SERVICES CLINICS WITH
   38  THE SERVICES PROVIDED BY THE PATIENT'S OTHER HEALTH CARE PROVIDERS;  AND
   39  (II)  THE  REFERRAL  OF  PATIENTS  TO APPROPRIATE HEALTH CARE PROVIDERS,
   40  INCLUDING APPROPRIATE TRANSMISSION OF PATIENT HEALTH RECORDS.
   41    (E) WHERE A LIMITED SERVICES CLINIC IS A RETAIL CLINIC  UNDER  SECTION
   42  TWO  HUNDRED  THIRTY-E  OF  THIS  CHAPTER,  IT  SHALL BE SUBJECT TO THAT
   43  SECTION IN ADDITION TO THIS SUBDIVISION.
   44    S 3. This act shall take effect on the one hundred eightieth day after
   45  it shall have become a law; provided  that  effective  immediately,  the
   46  commissioner  of  health  shall  make regulations and take other actions
   47  reasonably necessary to implement the provisions of  the  public  health
   48  law enacted by this act when they take effect.