S T A T E   O F   N E W   Y O R K
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                                  3525

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 24, 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 health care  prac-
  titioner volunteer pilot programs

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

  Section 1. Title V of article 2 of the public health law, as added  by
chapter 337 of the laws of 2002, section 260 as amended by chapter 84 of
the  laws  of  2006,  subdivisions  5 and 6 of section 260 as amended by
chapter 225 of the laws of 2008, is amended to read as follows:
                                  TITLE V
                   HEALTH CARE PRACTITIONER VOLUNTEER
                        PILOT [PROGRAM] PROGRAMS
Section 260. Health care practitioner volunteer [program] PROGRAMS.
  S 260. Health care practitioner volunteer [program] PROGRAMS. 1. There
[is] ARE hereby established in the department [a]  health  care  practi-
tioner  volunteer  [program]  PROGRAMS  to  implement  a system by which
eligible health care practitioner volunteers and  other  volunteers  may
provide  free basic primary health care services to uninsured low income
individuals.
  2. The commissioner is authorized  and  directed  to  promulgate  such
rules  and  regulations  as are necessary to implement the provisions of
this title. Such rules and regulations  shall  enable  the  health  care
practitioner  volunteer [program] PROGRAMS approved [hereunder] PURSUANT
TO THIS TITLE to:
  (a) provide free basic primary health care services primarily to unin-
sured low income individuals;
  (b) integrate the delivery of  such  services  with  the  delivery  of
health  care  and  other supportive services to the target population by
other providers in the community; and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09257-01-1

              

S. 3525                             2

  (c) meet standards of care which are  appropriate  to  the  level  and
nature of health care services to be provided.
  3.  A  health care practitioner is eligible to participate as a health
care practitioner volunteer under this title if he or she:
  (a) is licensed, or exempt from licensure, pursuant  to  articles  one
hundred  thirty-one,  one  hundred thirty-one-B, one hundred thirty-two,
one hundred thirty-three, one hundred thirty-six,  one  hundred  thirty-
seven,  one  hundred  thirty-nine, one hundred forty, one hundred forty-
one, one  hundred  forty-three,  one  hundred  forty-four,  one  hundred
fifty-three, one hundred fifty-four, one hundred fifty-five, one hundred
fifty-six,  one hundred fifty-seven, one hundred fifty-nine, one hundred
sixty, one hundred sixty-two, or one hundred sixty-four of the education
law;
  (b) has agreed to practice in a  health  care  practitioner  volunteer
program without compensation or the expectation of compensation. For the
purposes  of  this  paragraph,  the  following  shall  not be considered
compensation: (i) nominal payment solely to enable the health care prac-
titioner to be considered an employee of an entity operating and  admin-
istering  [the] A health care practitioner volunteer program established
pursuant to this title; or  (ii)  the  provision  of  medical  liability
insurance  coverage  to  the  health  care  practitioner pursuant to the
requirements of this title;
  (c) is well qualified and intends to serve as a volunteer in the prac-
tice or specialty area in which he or  she  is  licensed  and  primarily
practices,  or  practiced  prior  to  retirement,  or  is  licensed  and
demonstrably qualified to  practice  through  training,  retraining,  or
continuing education; and
  (d)  is  not  subject  to any limitations on practice as the result of
findings or action by, or any agreement with, any licensing  or  profes-
sional conduct agency or board, or any court or regulatory agency.
  4.  No health care practitioner volunteer shall participate in [the] A
health care practitioner volunteer program established pursuant to  this
title  unless,  with  respect  to  acts  and  omissions that occurred or
allegedly occurred within the scope of his or her participation in  such
program,  he  or  she  is  covered by an adequate professional liability
insurance policy.
  5. The commissioner shall, upon submission of satisfactory evidence of
compliance with the provisions of this  title,  approve  [one  or  more]
health  care  practitioner  volunteer  programs  to be located in and to
serve [a specified service area] THE COUNTIES OF NASSAU AND SCHENECTADY.
Such program shall:
  (a) be operated and administered by a not-for-profit  entity  licensed
under  article  twenty-eight  of  this  chapter, provided, however, that
nothing [contained herein] IN THIS PARAGRAPH shall preclude  a  facility
otherwise  licensed  under  this chapter or under the mental hygiene law
from utilizing the services of health care practitioner  volunteers  for
the  provision  of free health care services pursuant to such licensure;
and
  (b) have procedures to screen participating health  care  practitioner
volunteers  to  ensure  that  they  meet the requirements of subdivision
three of this section.
  6. (a) Each program shall report annually to the commissioner  on  the
progress  of  the program. The report shall include a profile of partic-
ipating health care  practitioner  volunteers,  the  number  of  persons
served,  a  description  of the activities of the program, an outline of
the program's continuing or projected activities, a description  of  the

S. 3525                             3

impact  of the program on the community, and an estimate of the value of
volunteer services provided.
  (b)  On  or  before  June  first  of each year, the commissioner shall
report to the governor, the  temporary  president  of  the  senate,  the
minority leader of the senate, the speaker of the assembly, the minority
leader  of  the  assembly,  and  the  chairs  of the senate and assembly
committees on health on findings, conclusions,  and  recommendations  on
the implementation of the provisions of this title.
  7.  Notwithstanding any inconsistent provision of law to the contrary,
the  commissioner  is  authorized  to  waive,  modify  or  suspend   the
provisions  of  rules  and  regulations  promulgated pursuant to article
twenty-eight of this chapter if the commissioner  determines  that  such
waiver,  modification  or  suspension  is  necessary  for the successful
implementing  of  the  health  care  practitioner  volunteer   [program]
PROGRAMS  authorized  pursuant  to  this  section  and provided that the
commissioner determines that the health, safety and general  welfare  of
people  receiving health care under such health care practitioner volun-
teer [program] PROGRAMS will not be impaired as a result of such waiver,
modification or suspension.
  S 2. This act shall take effect immediately.