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

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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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8205--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    October 27, 2023
                                       ___________

        Introduced  by  M.  of A. McDONALD, BURDICK, FAHY, SHIMSKY, BUTTENSCHON,
          CUNNINGHAM, O'DONNELL, THIELE, SANTABARBARA, STIRPE, LEVENBERG,  LUNS-
          FORD,   BENDETT,   McDONOUGH,   BRABENEC,   SLATER,  WOERNER,  LAVINE,
          SEAWRIGHT, ARDILA, PAULIN, DAVILA -- read once  and  referred  to  the
          Committee  on  Health  --  recommitted  to  the Committee on Health in
          accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        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-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13442-02-4
        A. 8205--A                          2

     1  ication of, or changes in the method of delivery of  perinatal  services
     2  by  a  general  hospital  shall  be subject to an application under this
     3  article that requires review and approval by the council, and
     4    § 2.  This act shall take effect immediately.