Bill Text: NY A08205 | 2023-2024 | General Assembly | Introduced

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

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Bill Title: 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.

Spectrum: Moderate Partisan Bill (Democrat 34-4)

Status: (Introduced) 2024-01-09 - print number 8205a [A08205 Detail]

Download: New_York-2023-A08205-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8205

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    October 27, 2023
                                       ___________

        Introduced by M. of A. McDONALD -- read once and referred to the Commit-
          tee 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  council
    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.
                                                                   LBD13442-01-3