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BILL NUMBER:S3673A

TITLE OF BILL: An act to amend the public health law, in relation to the establishment of convenient care clinics

PURPOSE: To create standards for the establishment and operation of convenient care clinics.

SUMMARY OF PROVISIONS: Section one amends section 2801-a of the public health law by adding a new subdivision 17 authorizing legal entities formed under the laws of New York to operate convenient care clinics provided that they comply with all applicable requirements and demonstrate to the satisfaction of the public health council sufficient experience and expertise in delivering high quality health care services. The public health council is directed to amend rules and regulations to address any matter pertinent to the establishment and operation of convenient care clinics. This section also clarifies that several provisions of 2801-a relating to corporations do not apply to convenient care clinics. This section further provides that a convenient care clinic shall be deemed to be a "health care provider" for the purposes of title 2-D of article two of the public health law (healthcare provider referrals). 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 section 6807 (2) of the education law. In addition, this section directs the Commissioner to promulgate regulations for convenient care clinics, which may be different from the regulations applicable to diagnostic or treatment centers. In making the regulations, the Commissioner must consult with a workgroup which includes representatives of professional societies of health care professionals and promote and strengthen primary care and integration of services. Section two provides the effective date.

JUSTIFICATION: Convenient care clinics already exist in several locations throughout New York State. However, there is currently no statutory or regulatory scheme in place that specifically addresses these entities. This bill will ensure that all convenient care clinics are created and operated according to set standards. By establishing these regulations, the state will be better able to monitor convenient care clinics to make certain that they are providing safe, high quality health care services.

LEGISLATIVE HISTORY: Same as 88275 2010 referred to rules.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:

 This act shall take effect immediately.

Text

STATE OF NEW YORK
________________________________________________________________________

3673--A

2011-2012 Regular Sessions

IN SENATE

March 1, 2011
___________

Introduced  by  Sens.  HANNON,  LARKIN, OPPENHEIMER, RANZENHOFER -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on  Health  --  reported  favorably from said committee and
  committed to the Committee on Finance --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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
GOVERNING OR RELATING TO: (I) ANY DIRECT OR INDIRECT CHANGES  OR  TRANS-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00922-08-1
S. 3673--A                          2

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.