Bill Text: NY S05555 | 2011-2012 | General Assembly | Introduced

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Bill Title: Allows limited liability companies to operate renal disease diagnostic or treatment centers.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2011-06-20 - SUBSTITUTED BY A7810 [S05555 Detail]

Download: New_York-2011-S05555-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5555
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     June 1, 2011
                                      ___________
       Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
         printed to be committed to the Committee on Health
       AN ACT to amend the public health law, in relation to  allowing  limited
         liability  companies  to operate renal disease diagnostic or treatment
         centers
         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 section 57 of part A of chapter  58  of
    3  the laws of 2010, is amended to read as follows:
    4    (a) Diagnostic or treatment centers established exclusively to provide
    5  end  stage  renal  disease  services may be operated by corporations AND
    6  LIMITED LIABILITY COMPANIES formed under the  laws  of  New  York  whose
    7  stockholders  or members, as applicable, are not natural persons if such
    8  corporations AND LIMITED LIABILITY COMPANIES and [their]  ITS  principal
    9  stockholders  and members, as applicable, and controlling persons comply
   10  with all applicable requirements of this section and demonstrate, to the
   11  satisfaction of the public health and health  planning  council,  suffi-
   12  cient  experience  and  expertise  in  delivering high quality end stage
   13  renal disease care. For purposes of this subdivision, the public  health
   14  and health planning council shall adopt and amend rules and regulations,
   15  notwithstanding  any  inconsistent provision of this section, to address
   16  any matter it deems pertinent to  the  establishment  and  operation  of
   17  diagnostic  or  treatment centers pursuant to this subdivision; provided
   18  that such rules and regulations shall include, but  not  be  limited  to
   19  provisions  governing or relating to: (i) any direct or indirect changes
   20  or transfers of ownership interests or  voting  rights  in  such  corpo-
   21  rations  AND  LIMITED  LIABILITY  COMPANIES  or  their  stockholders  or
   22  members, as applicable, and provide for public health AND  HEALTH  PLAN-
   23  NING  council approval of any change in controlling interests, principal
   24  stockholders, PRINCIPAL MEMBERS, controlling persons, parent company  or
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11575-01-1
       S. 5555                             2
    1  sponsors;  (ii)  oversight  of  the  operator  and  its  stockholders or
    2  members, as applicable, including local governance of the diagnostic  or
    3  treatment  centers;  and  (iii) relating to the character and competence
    4  and  qualifications of, and changes relating to, the directors, MANAGERS
    5  and officers of the operator and its principal  stockholders,  PRINCIPAL
    6  MEMBERS, controlling persons, parent company or sponsors.
    7    S 2. This act shall take effect immediately.