A 3862: Relates to providing information to patients and the public on hospital rule-based exclusions; requires the commissioner of health to collect from each hospital a list of its hospital rule-based exclusions and publish such information on the department's website.

  
  STATE OF NEW YORK ________________________________________________________________________ 3862 2025-2026 Regular Sessions  IN ASSEMBLY January 30, 2025 ___________ Introduced by M. of A. ROZIC, REYES, STIRPE, R. CARROLL, SIMON, GONZA- LEZ-ROJAS, HEVESI, DINOWITZ, SEAWRIGHT, JACOBSON, KELLES, STECK, GLICK, ROSENTHAL, BARRETT, OTIS -- read once and referred to the Committee on Health AN ACT to amend the public health law and the insurance law, in relation to providing information to patients and the public on hospital rule- based exclusions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings. The legislature finds that since 2003 2 more than 40 community hospitals in New York state have closed. 3 The legislature additionally finds that as a result of hospital 4 consolidation, large health care systems now control more than 70 5 percent of acute hospital beds in the state and that these systems some- 6 times remove categories of care from local hospitals, leaving patients 7 in regions of the state without access to particular types of care, 8 including some types of emergency care. 9 The legislature further finds that patients do not have the ability to 10 determine whether health care facilities in their area provide the care 11 they seek, because information about how facility restrictions impact 12 options for care is too difficult to obtain. 13 The legislature also finds that denials and poor access to care can 14 lead to serious adverse health impacts that jeopardize individuals' 15 lives and wellbeing and that New York needs to understand health care 16 gaps and their impact statewide. 17 Finally, the legislature finds that some denials of care violate state 18 and federal law. 19 § 2. The public health law is amended by adding a new section 2803-bb 20 to read as follows: 21 § 2803-bb. Hospital rule-based exclusions. 1. As used in this 22 section, "hospital rule-based exclusions" means any criteria, rules, or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04973-02-5 
 A. 3862 2 1 policies, whether written or unwritten, formally adopted or drafted, 2 endorsed by the general hospital or followed from an external source, 3 that restrict a general hospital from providing types of care that the 4 general hospital is licensed to provide or that restrict the provision 5 of care to categories of patients on the basis of any characteristic 6 protected under section two hundred ninety-six of the executive law that 7 the general hospital is licensed to provide. "Hospital rule-based 8 exclusions" shall include, but not be limited to, objections under 9 section twenty-nine hundred eighty-four or twenty-nine hundred ninety- 10 four-n of this chapter. "Hospital rule-based exclusions" shall not 11 include restrictions based on lack of equipment, available bed space in 12 the facility, or insurance denial. 13 2. (a) The commissioner shall collect from each general hospital a 14 list of its hospital rule-based exclusions on an annual basis. Each 15 general hospital shall furnish a list of hospital rule-based exclusions 16 to the department, immediately upon request. 17 (b) The commissioner shall publish on the department's website a 18 current list of all of the general hospitals with hospital rule-based 19 exclusions and the hospital rule-based exclusions for each general 20 hospital not later than six months after the effective date of this 21 section. The commissioner shall update this list on an annual basis. The 22 commissioner, in consultation with experts in health care access, 23 patient advocacy, types of health care that are frequently inaccessible, 24 and hospital administration shall promulgate rules and regulations 25 creating standardized language for this list to ensure that it is readi- 26 ly understandable to patients, prospective patients, and members of the 27 public. 28 (c) Within one year of the effective date of this section and every 29 five years thereafter, the commissioner shall submit a report to the 30 temporary president of the senate and the speaker of the assembly 31 regarding hospital rule-based exclusions in the state and the impact of 32 such hospital rule-based exclusions on patients' ability to access qual- 33 ity, comprehensive, affordable care near their residences and whether 34 and how access to care varies by community, as well as by race, gender, 35 ethnicity, sexual orientation, gender identity or gender expression, and 36 socioeconomic status, across the state. The report shall be made public- 37 ly available on the department's website. 38 (d) The commissioner may promulgate rules and regulations as may be 39 necessary and proper to carry out effectively the provisions of this 40 section. 41 § 3. Subdivision 1 of section 2803 of the public health law is amended 42 by adding a new paragraph (m) to read as follows: 43 (m) The statement regarding patient rights and responsibilities, 44 required pursuant to paragraph (g) of this subdivision, shall include an 45 explanation of hospital rule-based exclusions and a link to the section 46 of the department's website required in paragraph (b) of subdivision two 47 of section twenty-eight hundred three-bb of this article. Each general 48 hospital's website shall prominently link to the department's website 49 required in paragraph (b) of subdivision two of section twenty-eight 50 hundred three-bb of this article. The commissioner may promulgate rules 51 and regulations as may be necessary and proper to carry out effectively 52 the provisions of this paragraph. 53 § 4. Subsection (a) of section 3217-a of the insurance law is amended 54 by adding a new paragraph 22 to read as follows: 55 (22)(A) an explanation of hospital rule-based exclusions and the fact 56 that some general hospitals may have hospital rule-based exclusions, 
 A. 3862 3 1 along with a link to the website required pursuant to subdivision two of 2 section twenty-eight hundred three-bb of the public health law. 3 (B) for the purposes of this paragraph, "hospital rule-based exclu- 4 sions" shall have the same meaning as in section twenty-eight hundred 5 three-bb of the public health law. 6 § 5. Subsection (a) of section 4324 of the insurance law is amended by 7 adding a new paragraph 23 to read as follows: 8 (23)(A) an explanation of hospital rule-based exclusions and the fact 9 that some general hospitals may have hospital rule-based exclusions, 10 along with a link to the website required pursuant to subdivision two of 11 section twenty-eight hundred three-bb of the public health law. 12 (B) for the purposes of this paragraph, "hospital rule-based exclu- 13 sions" shall have the same meaning as in section twenty-eight hundred 14 three-bb of the public health law. 15 § 6. Subdivision 1 of section 4408 of the public health law is amended 16 by adding a new paragraph (w) to read as follows: 17 (w) (i) An explanation of hospital rule-based exclusions and the fact 18 that some general hospitals may have hospital rule-based exclusions, 19 along with a link to the website required pursuant to subdivision two of 20 section twenty-eight hundred three-bb of this chapter. 21 (ii) For the purposes of this paragraph, "hospital rule-based exclu- 22 sions" shall have the same meaning as in section twenty-eight hundred 23 three-bb of this chapter. 24 § 7. Nothing in this act shall be construed to permit or authorize 25 denials of care or discrimination in the provision of health care or 26 health insurance. Compliance with this act does not reduce or limit any 27 liability for general hospitals in connection with hospital rule-based 28 exclusions, including violations of state or federal law. 29 § 8. Severability clause. If any provision of this act, or any appli- 30 cation of any provision of this act, is held to be invalid, or ruled to 31 violate or be inconsistent with any applicable federal law or regu- 32 lation, that shall not affect the validity or effectiveness of any other 33 provision of this act, or of any other application of any provision of 34 this act. It is hereby declared to be the intent of the legislature 35 that this act would have been enacted even if such invalid provisions 36 had not been included herein. 37 § 9. This act shall take effect eighteen months after it shall have 38 become a law. Effective immediately, the addition, amendment and/or 39 repeal of any rule or regulation necessary for the implementation of 40 this act on its effective date are authorized to be made and completed 41 on or before such effective date.