Relates to the establishment of convenient care clinics; authorizes the public health and health planning council to adopt/amend rules and regulations relating thereto.

---

A81B-2011 Actions

• Jan 4, 2012: referred to health
• Jun 3, 2011: print number 81b
• Jun 3, 2011: amend and recommit to health
• Mar 3, 2011: print number 81a
• Mar 3, 2011: amend and recommit to health
• Jan 5, 2011: referred to health

A81B-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    81--B

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced  by  M. of A. PAULIN, SPANO, REILLY, BENEDETTO -- Multi-Spon-
    sored by -- M. of A. BOYLAND, HIKIND, HOOPER -- read once and referred
    to the Committee on Health  --  committee  discharged,  bill  amended,
    ordered  reprinted  as  amended  and  recommitted to said committee --
    again reported from said committee with amendments, ordered  reprinted
    as amended and recommitted to said committee

  AN  ACT to amend the public health law, in relation to the establishment
    of convenient care clinics

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  Section  2801-a  of  the  public health law is amended by
  adding a new subdivision 17 to read as follows:

    17. CONVENIENT CARE CLINICS.   (A)  DIAGNOSTIC  OR  TREATMENT  CENTERS
  ESTABLISHED TO PROVIDE HEALTH CARE SERVICES WITHIN THE SPACE OF A RETAIL
  BUSINESS  OPERATION,  SUCH  AS  A  PHARMACY, A STORE OPEN TO THE GENERAL
  PUBLIC OR A SHOPPING MALL, OR WITHIN  SPACE  USED  BY  AN  EMPLOYER  FOR
  PROVIDING  HEALTH  CARE  SERVICES  TO  ITS EMPLOYEES, MAY BE OPERATED BY
  LEGAL ENTITIES FORMED UNDER THE LAWS OF NEW YORK WHOSE  STOCKHOLDERS  OR
  MEMBERS,  AS  APPLICABLE,  ARE  NOT  NATURAL PERSONS AND WHOSE PRINCIPAL
  STOCKHOLDERS AND MEMBERS, AS APPLICABLE, AND CONTROLLING PERSONS  COMPLY
  WITH ALL APPLICABLE REQUIREMENTS OF THIS SECTION AND DEMONSTRATE, TO THE
  SATISFACTION  OF  THE  PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, SUFFI-
  CIENT EXPERIENCE AND EXPERTISE IN DELIVERING HIGH  QUALITY  HEALTH  CARE
  SERVICES.  SUCH DIAGNOSTIC AND TREATMENT CENTERS SHALL BE REFERRED TO IN
  THIS SECTION AS "CONVENIENT CARE CLINICS". FOR PURPOSES OF THIS SUBDIVI-
  SION, THE PUBLIC HEALTH AND HEALTH  PLANNING  COUNCIL  SHALL  ADOPT  AND
  AMEND  RULES AND REGULATIONS, NOTWITHSTANDING ANY INCONSISTENT PROVISION
  OF THIS SECTION, TO ADDRESS ANY MATTER IT DEEMS PERTINENT TO THE  ESTAB-
  LISHMENT  AND  OPERATION  OF CONVENIENT CARE CLINICS; PROVIDED THAT SUCH
  RULES AND REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED  TO,  PROVISIONS

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00922-07-1

 A. 81--B                            2

  GOVERNING  OR  RELATING TO: (I) ANY DIRECT OR INDIRECT CHANGES OR TRANS-
  FERS OF OWNERSHIP INTERESTS OR VOTING RIGHTS IN SUCH ENTITIES  OR  THEIR
  STOCKHOLDERS  OR  MEMBERS,  AS APPLICABLE, AND PROVIDE FOR PUBLIC HEALTH
  AND HEALTH PLANNING COUNCIL APPROVAL OF ANY CHANGE IN CONTROLLING INTER-
  ESTS,  PRINCIPAL  STOCKHOLDERS,  CONTROLLING  PERSONS, PARENT COMPANY OR
  SPONSORS; (II)  OVERSIGHT  OF  THE  OPERATOR  AND  ITS  SHAREHOLDERS  OR
  MEMBERS,  AS  APPLICABLE,  INCLUDING  LOCAL GOVERNANCE OF THE CONVENIENT
  CARE CLINICS; AND (III) RELATING TO THE  CHARACTER  AND  COMPETENCE  AND
  QUALIFICATIONS  OF,  AND CHANGES RELATING TO, THE DIRECTORS AND OFFICERS
  OF THE OPERATOR AND ITS  PRINCIPAL  STOCKHOLDERS,  CONTROLLING  PERSONS,
  PARENT COMPANY OR SPONSORS.
    (B)  THE  FOLLOWING  PROVISIONS  OF  THIS  SECTION  SHALL NOT APPLY TO
  CONVENIENT CARE CLINICS OPERATED PURSUANT TO THIS SUBDIVISION: (I) PARA-
  GRAPH (B) OF SUBDIVISION THREE OF THIS SECTION, RELATING TO STOCKHOLDERS
  AND MEMBERS; (II) PARAGRAPH (C) OF SUBDIVISION  FOUR  OF  THIS  SECTION,
  RELATING  TO  THE DISPOSITION OF STOCK OR VOTING RIGHTS; AND (III) PARA-
  GRAPH (E) OF SUBDIVISION FOUR OF THIS SECTION, RELATING TO THE OWNERSHIP
  OF STOCK OR MEMBERSHIP.
    (C) A CONVENIENT CARE CLINIC SHALL BE DEEMED  TO  BE  A  "HEALTH  CARE
  PROVIDER"  FOR  THE PURPOSES OF TITLE TWO-D OF ARTICLE TWO OF THIS CHAP-
  TER. A PRESCRIBER PRACTICING IN A CONVENIENT CARE CLINIC  SHALL  NOT  BE
  DEEMED TO BE IN THE EMPLOY OF A PHARMACY OR PRACTICING IN A HOSPITAL FOR
  PURPOSES  OF SUBDIVISION TWO OF SECTION SIXTY-EIGHT HUNDRED SEVEN OF THE
  EDUCATION LAW.
    (D) THE COMMISSIONER SHALL PROMULGATE REGULATIONS FOR CONVENIENT  CARE
  CLINICS,  WHICH MAY BE DIFFERENT FROM THE REGULATIONS OTHERWISE APPLICA-
  BLE TO DIAGNOSTIC OR TREATMENT CENTERS, INCLUDING, BUT NOT  LIMITED  TO:

  DESIGNATING OR LIMITING THE DIAGNOSES AND SERVICES THAT MAY BE PROVIDED;
  AND  REQUIREMENTS  OR GUIDELINES FOR ADVERTISING AND SIGNAGE, DISCLOSURE
  OF OWNERSHIP INTERESTS, INFORMED CONSENT, RECORD KEEPING,  REFERRAL  FOR
  TREATMENT,  CASE REPORTING TO THE PATIENT'S PRIMARY CARE OR OTHER HEALTH
  CARE PROVIDERS, DESIGN, CONSTRUCTION, FIXTURES, AND EQUIPMENT. IN MAKING
  REGULATIONS UNDER THIS SECTION, THE COMMISSIONER SHALL (I) CONSULT  WITH
  A WORKGROUP INCLUDING BUT NOT LIMITED TO REPRESENTATIVES OF PROFESSIONAL
  SOCIETIES  OF  APPROPRIATE HEALTH CARE PROFESSIONALS, INCLUDING THOSE IN
  PRIMARY CARE AND OTHER SPECIALITIES; AND  (II)  PROMOTE  AND  STRENGTHEN
  PRIMARY  CARE;  THE  INTEGRATION OF SERVICES PROVIDED BY CONVENIENT CARE
  CLINICS WITH THE SERVICES PROVIDED BY THE PATIENT'S  OTHER  HEALTH  CARE
  PROVIDERS;  AND  THE  REFERRAL  OF  PATIENTS  TO APPROPRIATE HEALTH CARE
  PROVIDERS, INCLUDING APPROPRIATE TRANSMISSION OF PATIENT HEALTH RECORDS.
    S 2. This act shall take effect immediately.