Bill Text: NY A02147 | 2023-2024 | General Assembly | Introduced

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Bill Title: Includes ambulatory surgery centers established exclusively to create and maintain vascular access necessary to dialyze patients with end stage renal disease as part of diagnostic or treatment centers to provide end stage renal disease services.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2023-12-22 - tabled [A02147 Detail]

Download: New_York-2023-A02147-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2147

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 23, 2023
                                       ___________

        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Health

        AN  ACT  to amend the public health law, in relation to the provision of
          end stage renal disease services

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph  (a) of subdivision 15 of section 2801-a of the
     2  public health law, as amended by chapter 492 of the  laws  of  2011,  is
     3  amended to read as follows:
     4    (a) Diagnostic or treatment centers established exclusively to provide
     5  end stage renal disease services, including an ambulatory surgery center
     6  established exclusively to create and maintain vascular access necessary
     7  to  dialyze  patients  with  end stage renal disease, may be operated by
     8  corporations and limited liability companies formed under  the  laws  of
     9  New  York  whose stockholders or members, as applicable, are not natural
    10  persons if such corporations and limited  liability  companies  and  its
    11  principal  stockholders  and  members,  as  applicable,  and controlling
    12  persons comply with all applicable  requirements  of  this  section  and
    13  demonstrate,  to  the satisfaction of the public health and health plan-
    14  ning council, sufficient experience and  expertise  in  delivering  high
    15  quality  end stage renal disease care. For purposes of this subdivision,
    16  the public health and health planning  council  shall  adopt  and  amend
    17  rules  and  regulations,  notwithstanding  any inconsistent provision of
    18  this section, to address any matter it deems pertinent to the establish-
    19  ment and operation of diagnostic or treatment centers pursuant  to  this
    20  subdivision; provided that such rules and regulations shall include, but
    21  not be limited to provisions governing or relating to: (i) any direct or
    22  indirect changes or transfers of ownership interests or voting rights in
    23  such  corporations and limited liability companies or their stockholders
    24  or members, as applicable, and provide  for  public  health  and  health
    25  planning  council approval of any change in controlling interests, prin-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01864-01-3
        A. 2147                             2

     1  cipal  stockholders,  principal  members,  controlling  persons,  parent
     2  company or sponsors; (ii) oversight of the operator and its stockholders
     3  or  members, as applicable, including local governance of the diagnostic
     4  or treatment centers; and (iii) relating to the character and competence
     5  and  qualifications of, and changes relating to, the directors, managers
     6  and officers of the operator and its principal  stockholders,  principal
     7  members, controlling persons, parent company or sponsors.
     8    § 2. This act shall take effect immediately.