What's happening
This bill allows ambulatory surgery centers that create and maintain vascular access for end stage renal disease patients to operate under specific regulations.
Why it matters
Expands treatment options for kidney failure patients. by allowing specialized ambulatory surgery centers to create and maintain the vascular access needed for dialysis, which could mean more timely and convenient procedures for those with end stage renal disease.
Imposes regulatory oversight and quality standards. on these new centers—including requirements around ownership, management, and qualifications—which aims to ensure patient safety and high standards of care, even as the types of facilities permitted to operate expand.
May increase competition and innovation. by allowing non-traditional healthcare companies (not owned by individual practitioners) to establish and run these centers, potentially improving access, reducing wait times, or lowering costs for patients.
Requires ongoing rulemaking and supervision. by the public health and health planning council, meaning the state will continue to adapt regulations in response to industry practices and patient needs, potentially impacting how these centers evolve over time.
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Who cares
Headline styles
Expand Kidney Care Centers
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to health
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1109
- Referred to health
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5897
2019-2020 Regular Sessions
IN SENATE
May 16, 2019
Introduced by Sen. RIVERA -- 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 the provision of end stage renal disease services
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (a) of subdivision 15 of section 2801-a of the public health law, as amended by chapter 492 of the laws of 2011, is amended to read as follows:
(a) Diagnostic or treatment centers established exclusively to provide end stage renal disease, including an ambulatory surgery center established exclusively to create and maintain vascular access necessary to dialyze patients with end stage renal disease, services may be operated by corporations and limited liability companies formed under the laws of New York whose stockholders or members, as applicable, are not natural persons if such corporations and limited liability companies and its 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, sufficient experience and expertise in delivering high quality end stage renal disease care. For purposes of this subdivision, 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 establishment and operation of diagnostic or treatment centers pursuant to this subdivision; 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 transfers of ownership interests or voting rights in such corporations and limited liability companies or their stockholders or members, as applicable, and provide for public health and health planning council approval of any change in controlling interests, prin-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11731-01-9
S. 5897 2
cipal stockholders, principal members, controlling persons, parent company or sponsors; (ii) oversight of the operator and its stockholders or members, as applicable, including local governance of the diagnostic or treatment centers; and (iii) relating to the character and competence and qualifications of, and changes relating to, the directors, managers and officers of the operator and its principal stockholders, principal members, controlling persons, parent company or sponsors.
§ 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 the provision of end stage renal disease services
Purpose of bill
To clarify that diagnostic and treatment centers established exclusively to provide end stage renal disease services subject to Public Health Law § 2801-a (15)(a) includes ambulatory surgery centers established exclu- sively to create and maintain vascular access necessary to dialyze patients with end stage renal disease.
Summary of provisions
Section 1 - Amends Section 15(a) of Public Health Law § 2801-a to add language that diagnostic and treatment centers established exclusively to provide end stage renal disease services includes ambulatory surgery centers established exclusively to create and maintain vascular access necessary to dialyze patients with end stage renal disease.
Section 2 - Contains an immediate effective date.
Justification
Section 15(a) of Public Health Law § 2801-a authorizes diagnostic and treatment centers established exclusively to provide end stage renal disease services to be operated by corporations and limited liability companies whose stockholders and members are not natural persons. Inas- much as life-sustaining hemodialysis treatment necessarily depends upon the creation and maintenance of access to the patient's blood stream, end stage renal disease services necessarily includes the creation and maintenance of vascular access for end stage renal disease patients.
This bill will make clear that a diagnostic and treatment center estab- lished exclusively to provide end stage renal disease services includes an ambulatory surgery center established exclusively to create and main- tain vascular access for end stage renal disease patients receiving hemodialysis.
Clarification that dialysis corporations are authorized to establish single-specialty ambulatory surgery centers established exclusively to create and maintain vascular access for hemodialysis patients will facilitate the integration of dialysis treatment and dialysis vascular access. A vascular access integration model has been proven to (1) decrease catheter exposure time consistent with the Centers For Medicare and Medicaid Services (CMS) quality and cost containment goals, (2) increase the use of arteriovenous fistulas ("AVFs") as the preferred method of vascular access for hemodialysis consistent with CMS's Fistula First Initiative, with a concomitant decrease in costs and vascular complication rates, (3) decrease mortality rates, (4) decrease the number of missed dialysis treatments due to access compromise, (5) lower hospital admission rates and inpatient days consistent with DSRIP goals, and (6) decrease overall costs per end stage renal disease (ESRD) patient.
Moreover, this Bill is consistent with CMS' ongoing efforts to reduce the cost, and manage the care of, ESRD patients as reflected in its Comprehensive ESRD Care ("CEC") Model and corresponding ESRD Seamless Care Organizations ("ESCOs") designed to coordinate all care for ESRD beneficiaries.
Prior legislative history
None. This is a new Bill.
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.