Directs the commissioner of health to analyze and report upon the provision of health care to the indigent of the state

1 Co-sponsor

• Dale M. Volker

Title of bill

An act to amend the public health law, in relation to requiring the commissioner of health to study and issue a report on the provision of health care to indigent populations in the state

Purpose

To study the provision of indigent care in the state of New York.

Summary of provisions

Section 1 amends subdivision 1 of section 206 of the public health law to add a new paragraph t to require the Department of Health to study the provision of indigent care.

Justification

NYS is constitutionally driven to provide care for the needy. This mission has guided the state in its role as a steward of the public's well-being and has resulted in several programs and statutory requirements to fulfill this responsibility. Most specifically, care provided by hospitals to the state's indigent has developed into several initiatives over the years, including one primary source of funding, the Health Care Reform Act's Bad Debt/Charity Care financial distributions.

In addition, the federal government places requirements on hospitals to provide such charity care, especially tax-exempt hospitals which must meet a community benefit standard in order to qualify for the tax-exempt status. Given the many requirements (sometimes confusing and often contradictory) of hospitals to provide charity care and the variety of programs available to meet this obligation, it has become clear a study must be undertaken. Many of the uninsured and under insured who seek health care services from a hospital may be eligible for other government-subsidized health insurance programs, but may not be enrolled. Therefore, the coordination of the charity care program of a hospital with the existing programs offered by the state and the federal government needs to be examined.

The NYS Department of Health is uniquely positioned to offer this guidance and assistance and well suited to undertake the study. The study shall result in a series of principles and consistent standards for hospitals to assist them in successfully meeting their financial obligations and more importantly, putting those policies into practice. These recommendations shall provide clear policy direction that reflect the hospital's commitment to meet the needs of those who cannot pay for services; the obligation of the individual to pay for services received; and the duty placed on the hospitals to collect from patients who can afford to pay.

The hospitals in NYS have had a long-standing commitment to improving health care to all New Yorkers and have had a long tradition of providing charity care. This study and its recommendations is intended to support and enhance such efforts.

Legislative history

S.4657 of 2007-2008 S.5010 (2005-2006)

Fiscal implications

To be determined.

Local fiscal implications

None.

Effective date

This act shall take effect immediately, and the commissioner of health shall issue the first report required by paragraph t of subdivision 1 of section 206 of the public health law, as added by section one of this act, on or before the one hundred eightieth day after such effective date.