What's happening
This bill extends the authority of the New York health commissioner to approve cooperative arrangements among healthcare providers until 2020.
Why it matters
Extending the commissioner's authority could allow more healthcare mergers and collaborations to proceed with legal protection from antitrust laws, potentially reshaping how healthcare is delivered in New York.
By continuing to prioritize cooperative and integrative arrangements among providers, the state may facilitate streamlined care and encourage system-wide efficiencies—but this could also reduce competition, impacting pricing or consumer choice.
The requirement for active state supervision and public health council input aims to balance the potential downsides of reduced competition with oversight intended to protect public interest, but the effectiveness of such oversight is a critical factor.
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Who cares
Headline styles
Extend Health Certificate Authority
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Signed chap.80
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading cal.569
- Substituted for A7748
- Referred to health
- Delivered to assembly
- Passed senateVote 62–1
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1146
Show 1 earlier action
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Extend Health Commissioner Powers
Assembly Floor Calendar · Sponsor Richard Gottfried
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5342
2017-2018 Regular Sessions
IN SENATE
March 22, 2017
Introduced by Sen. HANNON -- (at request of the Department of Health) -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 extending the authority of the commissioner of health to issue certificates of public advantage
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 2999-aa of the public health law, as added by section 51 of part H of chapter 59 of the laws of 2011, is amended to read as follows:
1. In order to promote improved quality and efficiency of, and access to, health care services and to promote improved clinical outcomes to the residents of New York, it shall be the policy of the state to encourage, where appropriate, cooperative, collaborative and integrative arrangements including but not limited to, mergers and acquisitions among health care providers or among others who might otherwise be competitors, under the active supervision of the commissioner. To the extent such arrangements, or the planning and negotiations that precede them, might be anti-competitive within the meaning and intent of the state and federal antitrust laws, the intent of the state is to supplant competition with such arrangements under the active supervision and related administrative actions of the commissioner as necessary to accomplish the purposes of this article, and to provide state action immunity under the state and federal antitrust laws with respect to activities undertaken by health care providers and others pursuant to this article, where the benefits of such active supervision, arrangements and actions of the commissioner outweigh any disadvantages likely to result from a reduction of competition. The commissioner shall not approve an arrangement for which state action immunity is sought under this article without first consulting with, and receiving a recommenda-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09926-01-7
S. 5342 2
tion from, the public health and health planning council. No arrangement under this article shall be approved after December thirty-first, two thousand [sixteen] twenty.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to extending the authority of the commissioner of health to issue certificates of public advantage
Purpose of the bill
This bill would extend the authority of the Commissioner of Health to issue certificates of public advantage (COPAs).
Summary of provisions
Section 1 of the bill would amend subdivision 1 of section 2999-aa of the Public Health Law (PHL) to extend the authority of the Commissioner of Health to issue COPAs from December 31, 2016, to December 31, 2020.
Section 2 of the bill would provide for an immediate effective date.
Existing law
PHL section 2999-aa authorizes the Commissioner of Health to issue COPAs.
Legislative history
PHL Article 29-F was enacted by Chapter 59 of the Laws of 2011, Part H, §§ 50-51.
Statement in support
PHL Article 29-F requires the Department of Health (DOH) to establish a regulatory structure to engage in appropriate state supervision to promote state action immunity under state and federal antitrust laws. DOH's regulations (10 NYCRR Subpart 83-2) implement Article 29-F and establish a process for providers to apply for a COPA for their collaborative arrangements.
COPAs are designed to facilitate the ability of health care providers to engage in arrangements such as mergers and clinical integration agreements that would promote improvements in access to care and quality of care. Continuing DOH's ability to issue COPAs in appropriate cases is necessary to allow provider to continue to pursue such arrangements and the corresponding benefits. Accordingly, this bill would extend the authority of the Commissioner of Health to issue COPAs to December 31, 2020.
Possible objections
New York State insurers and their associations.
Budget implications
None.
Local impact
None.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.