Bill Text: NY S07137 | 2021-2022 | 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 2-0)

Status: (Engrossed - Dead) 2022-05-17 - referred to health [S07137 Detail]

Download: New_York-2021-S07137-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7137

                               2021-2022 Regular Sessions

                    IN SENATE

                                      June 2, 2021
                                       ___________

        Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        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.
                                                                   LBD11761-01-1
        S. 7137                             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.