Bill Text: NY A09204 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides that health regulations may not be waived under the hospital-home care-physician collaboration program without publication and opportunity for public comment; prohibits waiver of an applicant's obligation to meet public need, character and competence, or financial feasibility requirements.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Vetoed) 2024-11-22 - tabled [A09204 Detail]

Download: New_York-2023-A09204-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9204

                   IN ASSEMBLY

                                    February 16, 2024
                                       ___________

        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Health

        AN  ACT to amend the public health law, in relation to the hospital-home
          care-physician collaboration program

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

     1    Section  1. Legislative intent. The legislature recognizes and reiter-
     2  ates that the intent of section 2805-x of the public health  law  is  to
     3  establish  a  framework  to  support  voluntary initiatives that improve
     4  patient care access and management. The statute authorizes the waiver of
     5  regulations by the commissioner of health in  order  to  accomplish  the
     6  purposes  of  the  approved  initiatives. However, the statute was never
     7  intended to allow the waiver of statutory obligations, including  statu-
     8  tory obligations related to the certificate of need process.  Similarly,
     9  the  statute  was not intended to allow the approval of projects without
    10  public notice that would otherwise be required, as notification and  the
    11  opportunity to offer comments on proposed projects are critical elements
    12  in  determining  the  worthiness  of any application claiming to meet an
    13  unmet or new need. Accordingly, the intent of  this  act  is  to  ensure
    14  public  notice  and  opportunity  to  comment on projects to be approved
    15  under public health law section 2805-x prior to approval, and to clarify
    16  that statutory certificate of need obligations continue to apply to such
    17  projects.
    18    § 2. Subdivision 3 of section 2805-x of  the  public  health  law,  as
    19  added  by  section  48  of  part B of chapter 57 of the laws of 2015, is
    20  amended to read as follows:
    21    3. (a) The commissioner is authorized to provide financing  including,
    22  but not limited to, grants or positive adjustments in medical assistance
    23  rates  or  premium  payments, to the extent of funds available and allo-
    24  cated or appropriated therefor, including funds provided  to  the  state
    25  through  federal  waivers,  funds made available through state appropri-
    26  ations and/or funding through section twenty-eight  hundred  seven-v  of
    27  this  article,  as well as waivers of regulations under title ten of the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14436-01-4
        A. 9204                             2

     1  New York codes, rules and regulations, to support the  voluntary  initi-
     2  atives and objectives of this section.
     3    (b)  No  application for a waiver of any regulation under title ten of
     4  the New York codes, rules and  regulations  shall  be  approved  by  the
     5  commissioner unless, prior to being approved, notice of such application
     6  shall  be  submitted  to  the  secretary of state for publication in the
     7  state register, and the public  shall  be  afforded  an  opportunity  to
     8  submit  comments  on  the application, at least sixty days prior to such
     9  approval, consistent with section two hundred two of the state  adminis-
    10  trative procedure act.
    11    (c)  In  no  event shall any waiver of a regulation under title ten of
    12  the New York codes, rules and  regulations  include  the  waiver  of  an
    13  applicant's obligation to meet public need, character and competence, or
    14  financial  feasibility  requirements  pursuant  to sections twenty-eight
    15  hundred one-a, thirty-six hundred six or  four  thousand  four  of  this
    16  chapter.
    17    § 3. This act shall take effect immediately.