NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3113A
SPONSOR: Clark TITLE OF BILL:
An act to amend the public health law, in relation to enhancing the
scope of health equity impact assessments to require consideration of
reproductive health services and maternal health care
PURPOSE:
This bill would require that Health Equity Impact Assessments consider
the availability and provision of reproductive health services and
maternal health care, before the Department of Health can approve any
proposed construction, establishment, mergers, acquisitions, closures,
or reductions in hospital/health-related services.
SUMMARY OF PROVISIONS:
Section 1 of the bill would amend the public health law, section 2802-b
(3) and add a new paragraph (j)
Paragraph (j) would require that applicants demonstrate how their
projects will impact the availability and provision of reproductive
health services and maternal health care, in accordance with existing
public health law obligations.
Section 2 of the bill establishes the effective date.
JUSTIFICATION:
In New York State, the Certificate of Need (CoN) process didn't have
strong statutory requirements for state approval of applications for
projects seeking the construction, establishment, merger, acquisition,
closure, or reduction of a hospital or health-related service.
This issue was rectified thanks to the work of advocates and then Assem-
blymember Gottfried and Senator Rivera to codify the criteria that must
be considered, via A.191-A/S.1451-A of 2021. This legislation estab-
lished the "Health Equity Impact Assessment" that is required to be
submitted for any of the types of projects, listed above.
This bill builds off the work of their efforts to require that the
Health Equity Impact Assessments include an explicit consideration of a
proposed project's impact to reproductive health services and maternal
health care. In addition, all proposed projects must demonstrate how
they plan to meet the obligations of the Reproductive Health Act.
In parts of our state we have seen an emerging threat of significant
reductions, or eliminations of reproductive health services and maternal
health care, as existing providers and health care systems face consol-
idation or changes in ownership. Hospitals often serve as the only
access point for these services, and we must ensure that they continue
uninterrupted. No patient should ever have to worry about accessing
care, due to the business decisions of health care systems.
As a national leader in the fight to protect reproductive health rights,
New York needs any and every tool to help prevent a challenge to impor-
tant health care services, and this is a necessary step to achieving
that goal.
PRIOR LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as
Chapter 137 of the Laws of 2022 (June 22, 2023).
STATE OF NEW YORK
________________________________________________________________________
3113--A
2023-2024 Regular Sessions
IN ASSEMBLY
February 2, 2023
___________
Introduced by M. of A. CLARK, FAHY -- read once and referred to the
Committee on Health -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to enhancing the
scope of health equity impact assessments to require consideration of
reproductive health services and maternal health care
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 2802-b of the public health law,
2 as amended by chapter 137 of the laws of 2022, is amended by adding a
3 new paragraph (j) to read as follows:
4 (j) The extent to which the availability and provision of reproductive
5 health services and maternal health care in the applicant's service area
6 will be affected if the project is implemented. Applicants shall demon-
7 strate how the project will impact the delivery of statutorily protected
8 reproductive health care, pursuant to section twenty-five hundred nine-
9 ty-nine-aa of this chapter, and maternity services.
10 § 2. This act shall take effect on the same date and in the same
11 manner as chapter 137 of the laws of 2022, takes effect.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07126-04-3
