A 2454: Requires the commissioner of health to promulgate regulations requiring that the addition of, decertification of, or changes in the method of delivery of perinatal services by a general hospital be subject to an application under article 28 of the public health law that requires review and approval by the council.
The proposed law aims to improve maternity services in hospitals. It requires the establishment of minimum acceptable standards and procedures for hospitals to qualify as providers of maternity services. These standards and procedures must be equal to or exceed federal requirements for hospitals to qualify under the federal social security act. The existing state standards will be deemed maximum standards for limiting medical assistance reimbursement. Changes to these standards and procedures can be made by the council upon the recommendation of the commissioner, with the commissioner having the authority to make emergency changes to ensure the health and safety of hospital residents. The addition, decertification, or changes in the delivery of perinatal services by a general hospital must be subject to an application for review and approval by the council.
| Jan. 07, 2026 | referred to health |
| Jan. 17, 2025 | referred to health |
STATE OF NEW YORK ________________________________________________________________________ 2454 2025-2026 Regular Sessions IN ASSEMBLY January 17, 2025 ___________ Introduced by M. of A. McDONALD, BURDICK, SHIMSKY, BUTTENSCHON, CUNNING- HAM, SANTABARBARA, STIRPE, LEVENBERG, LUNSFORD, BENDETT, McDONOUGH, BRABENEC, SLATER, WOERNER, LAVINE, SEAWRIGHT, PAULIN, DAVILA, McMAHON, SIMONE, DINOWITZ, EPSTEIN, TAPIA, TAYLOR, ZINERMAN, SHRESTHA, RAGA, REYES, HEVESI, ROZIC, CLARK, FORREST, BORES -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to review of projects affecting the availability of maternity services The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (v) of paragraph (a) of subdivision 2 of 2 section 2803 of the public health law, as added by chapter 807 of the 3 laws of 1985, is amended to read as follows: 4 (v) standards and procedures relating to hospital operating certif- 5 icates, provided however, that the council shall establish minimum 6 acceptable standards and procedures equal to the standards and proce- 7 dures which federal law and regulation require for hospitals to qualify 8 as providers pursuant to titles XVIII and XIX of the federal social 9 security act. The existing state standards and procedures in effect on 10 the date that this subdivision becomes effective shall be deemed to 11 constitute maximum standards and procedures for purposes of limiting 12 medical assistance reimbursement pursuant to the social services law. 13 Such standards and procedures may thereafter be changed or added to by 14 the council only upon the recommendation of the commissioner. For the 15 purposes of ensuring that the health and safety of the residents of 16 hospitals are not endangered, the council may promulgate changes in the 17 minimum acceptable standards and procedures referred to herein upon 18 recommendation of the commissioner. Provided, however, the commissioner 19 shall promulgate regulations requiring that the addition of, decertif- 20 ication of, or changes in the method of delivery of perinatal services 21 by a general hospital shall be subject to an application under this 22 article that requires review and approval by the council, and 23 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04159-01-5