Bill Text: NY A07748 | 2017-2018 | General Assembly | Introduced

---

Bill Title: Extends the authority of the commissioner of health to issue certificates of public advantage.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-06-21 - substituted by s5342 [A07748 Detail]

Download: New_York-2017-A07748-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          7748
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      May 11, 2017
                                       ___________
        Introduced  by  M.  of  A. GOTTFRIED -- (at request of the Department of
          Health) -- read once and referred to the Committee on Health
        AN ACT to amend the public health law,  in  relation  to  extending  the
          authority  of  the  commissioner  of  health  to issue certificates of
          public advantage
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Subdivision 1 of section 2999-aa of the public health law,
     2  as added by section 51 of part H of chapter 59 of the laws of  2011,  is
     3  amended to read as follows:
     4    1.  In order to promote improved quality and efficiency of, and access
     5  to, health care services and to promote improved  clinical  outcomes  to
     6  the  residents  of  New  York,  it  shall  be the policy of the state to
     7  encourage, where appropriate, cooperative, collaborative and integrative
     8  arrangements including but not  limited  to,  mergers  and  acquisitions
     9  among  health  care  providers  or  among  others who might otherwise be
    10  competitors, under the active supervision of the  commissioner.  To  the
    11  extent  such arrangements, or the planning and negotiations that precede
    12  them, might be anti-competitive within the meaning  and  intent  of  the
    13  state and federal antitrust laws, the intent of the state is to supplant
    14  competition  with  such  arrangements  under  the active supervision and
    15  related administrative actions  of  the  commissioner  as  necessary  to
    16  accomplish  the  purposes  of  this article, and to provide state action
    17  immunity under the state and federal  antitrust  laws  with  respect  to
    18  activities  undertaken  by  health care providers and others pursuant to
    19  this article, where the benefits of such  active  supervision,  arrange-
    20  ments  and actions of the commissioner outweigh any disadvantages likely
    21  to result from a reduction of competition. The  commissioner  shall  not
    22  approve  an  arrangement for which state action immunity is sought under
    23  this article without first consulting with, and receiving a  recommenda-
    24  tion from, the public health and health planning council. No arrangement
    25  under  this  article  shall be approved after December thirty-first, two
    26  thousand [sixteen] twenty.
    27    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09926-01-7