A 482: Enacts the lab services accessibility act.

  
  STATE OF NEW YORK ________________________________________________________________________ 482 2025-2026 Regular Sessions  IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. CLARK -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to enacting the lab services accessibility act The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known any may be cited as 2 the "lab services accessibility act". 3 § 2. Section 585 of the public health law, as added by chapter 803 of 4 the laws of 1992, is amended to read as follows: 5 § 585. Definitions. Whenever used in this title: 6 1. "Health services purveyor" means any person, firm, partnership, 7 group, association, nonprofit corporation, business corporation [or], 8 professional corporation, limited liability company, or any agent, 9 employee, fiduciary, employer or representative thereof, [including but 10 not limited to a physician, dentist, podiatrist or chiropractor, either 11 in individual practice, group practice or employed in a facility owned 12 by any person, group, association, firm, partnership or corporation 13 hiring any of the aforementioned practitioners, who provide health or] 14 that assists in facilitating the provision of health related services, 15 including, but not limited to, participation in the initiation, coordi- 16 nation, payment, delivery, or follow-up of such health related services. 17 2. "Clinical laboratory" shall have the same meaning as is set forth 18 in subdivision one of section five hundred seventy-one of this article. 19 3. "Public health program" shall mean an initiative under which the 20 clinical laboratory services are performed in relation to any procedure, 21 test, assay, or diagnostic where one of the following applies: 22 (a) it is supported by public health funds, grants, or awards; or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02536-01-5 
 A. 482 2 1 (b) it is reasonably expected to respond to a public health need 2 recognized by law, regulation, the department, or other applicable guid- 3 ance, including, but not limited to: 4 (i) testing with a heightened need for confidentiality, including, but 5 not limited to, testing related to: (1) a termination of pregnancy, (2) 6 a sexually transmittible infection, (3) antiretroviral preexposure 7 prophylaxis (PrEP) or postexposure prophylaxis (PEP); and (4) drug abuse 8 screening; 9 (ii) testing recommended by the federal centers for disease control 10 and prevention guidelines; 11 (iii) testing with a grade "A" or "B" recommended by the United States 12 preventative service task force; 13 (iv) testing provided to advance access to healthcare and improve 14 patient outcomes for underserved, vulnerable, and/or rural populations; 15 or 16 (v) testing in response to an epidemic, pandemic, outbreak, or other 17 declared state of emergency. 18 § 3. Subdivisions 2 and 3 of section 586 of the public health law, as 19 added by chapter 803 of the laws of 1992, paragraph (h) of subdivision 2 20 as amended by chapter 558 of the laws of 1999, are amended to read as 21 follows: 22 2. The provisions of subdivision one of this section shall be inappli- 23 cable to services rendered by a clinical laboratory [operated] permitted 24 by the state of New York; and to payment by: 25 (a) A legal relative of the recipient of the services; 26 (b) An insurance carrier designated by the recipient of the services; 27 (c) A hospital as defined in article twenty-eight of this chapter on 28 behalf of an in-patient or out-patient of such hospital having been the 29 recipient of the services; 30 (d) One purveyor to another purveyor for actual services rendered; 31 (e) An industrial firm only for its own employees; 32 (f) A trade union health facility only for its registered patients; 33 (g) Governmental agencies and/or their specified public or private 34 agent, agency or organization on behalf of the recipient of the 35 services; 36 (h) A substance abuse or chemical dependence program which has been 37 approved to operate by the office of [alcoholism and substance abuse] 38 addiction services and supports pursuant to the provision of [section 39 23.01 or] article thirty-two of the mental hygiene law on behalf of 40 clients of such a program having been the recipient of the services; 41 [and] 42 (i) A health maintenance organization operating in accordance with 43 article forty-three of the insurance law or article forty-four of this 44 chapter[.]; and 45 (j) A nonprofit clinic, health care provider, or health services 46 purveyor that is supporting a public health program. 47 3. The [public health council] department shall adopt and amend rules 48 and regulations[, subject to approval by the commissioner,] to effectu- 49 ate the provisions and purposes of this section. 50 § 4. This act shall take effect immediately.