S 6282: Provides that health regulations may not be waived under the hospital-home care-physician collaboration program without publication and opportunity for public comment; prohibits waiver of an applicant's obligation to meet public need, character and competence, or financial feasibility requirements.

  
  STATE OF NEW YORK ________________________________________________________________________ 6282 2025-2026 Regular Sessions  IN SENATE March 7, 2025 ___________ Introduced by Sen. SCARCELLA-SPANTON -- 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 hospital-home care-physician collaboration program The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. The legislature recognizes and reiter- 2 ates that the intent of section 2805-x of the public health law is to 3 establish a framework to support voluntary initiatives that improve 4 patient care access and management. The statute authorizes the waiver of 5 regulations by the commissioner of health in order to accomplish the 6 purposes of the approved initiatives. However, the statute was never 7 intended to allow the waiver of statutory obligations, including statu- 8 tory obligations related to the certificate of need process. Similarly, 9 the statute was not intended to allow the approval of projects without 10 public notice that would otherwise be required, as notification and the 11 opportunity to offer comments on proposed projects are critical elements 12 in determining the worthiness of any application claiming to meet an 13 unmet or new need. Accordingly, the intent of this act is to ensure 14 public notice and opportunity to comment on projects to be approved 15 under public health law section 2805-x prior to approval, and to clarify 16 that statutory certificate of need obligations continue to apply to such 17 projects. 18 § 2. Subdivision 3 of section 2805-x of the public health law, as 19 added by section 48 of part B of chapter 57 of the laws of 2015, is 20 amended to read as follows: 21 3. (a) The commissioner is authorized to provide financing including, 22 but not limited to, grants or positive adjustments in medical assistance 23 rates or premium payments, to the extent of funds available and allo- 24 cated or appropriated therefor, including funds provided to the state 25 through federal waivers, funds made available through state appropri- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05130-01-5 
 S. 6282 2 1 ations and/or funding through section twenty-eight hundred seven-v of 2 this article, as well as waivers of regulations under title ten of the 3 New York codes, rules and regulations, to support the voluntary initi- 4 atives and objectives of this section. 5 (b) No application for a waiver of any regulation under title ten of 6 the New York codes, rules and regulations shall be approved by the 7 commissioner unless, prior to being approved, notice of such application 8 shall be submitted to the secretary of state for publication in the 9 state register, and the public shall be afforded an opportunity to 10 submit comments on the application, at least sixty days prior to such 11 approval, consistent with section two hundred two of the state adminis- 12 trative procedure act. 13 (c) In no event shall any waiver of a regulation under title ten of 14 the New York codes, rules and regulations include the waiver of an 15 applicant's obligation to meet public need, character and competence, or 16 financial feasibility requirements pursuant to sections twenty-eight 17 hundred one-a, thirty-six hundred six or four thousand four of this 18 chapter. 19 § 3. This act shall take effect immediately.