Shown verbatim: the complete text as captured from the official source posted by the New York State Senate, fetched 2026-08-11. Nothing is edited or removed. Where this bill amends existing law, language marked for deletion in the official source appears here in brackets. The official bill page.
S T A T E O F N E W Y O R K
________________________________________________________________________
3486
2025-2026 Regular Sessions
I N S E N A T E
January 27, 2025
___________
Introduced by Sens. HINCHEY, ADDABBO, BROUK, FERNANDEZ, GONZALEZ,
GOUNARDES, HARCKHAM, HOYLMAN-SIGAL, JACKSON, KAVANAGH, KRUEGER, LIU,
MAY, MYRIE, RIVERA, SALAZAR, SEPULVEDA, WEBB -- read twice and ordered
printed, and when printed to be committed 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:
Section 1. Legislative findings. The legislature finds that since 2003
more than 40 community hospitals in New York state have closed.
The legislature additionally finds that as a result of hospital
consolidation, large health care systems now control more than 70
percent of acute hospital beds in the state and that these systems some-
times remove categories of care from local hospitals, leaving patients
in regions of the state without access to particular types of care,
including some types of emergency care.
The legislature further finds that patients do not have the ability to
determine whether health care facilities in their area provide the care
they seek, because information about how facility restrictions impact
options for care is too difficult to obtain.
The legislature also finds that denials and poor access to care can
lead to serious adverse health impacts that jeopardize individuals'
lives and wellbeing and that New York needs to understand health care
gaps and their impact statewide.
Finally, the legislature finds that some denials of care violate state
and federal law.
§ 2. The public health law is amended by adding a new section 2803-bb
to read as follows:
§ 2803-BB. HOSPITAL RULE-BASED EXCLUSIONS. 1. AS USED IN THIS
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
S. 3486 2
POLICIES, WHETHER WRITTEN OR UNWRITTEN, FORMALLY ADOPTED OR DRAFTED,
ENDORSED BY THE GENERAL HOSPITAL OR FOLLOWED FROM AN EXTERNAL SOURCE,
THAT RESTRICT A GENERAL HOSPITAL FROM PROVIDING TYPES OF CARE THAT THE
GENERAL HOSPITAL IS LICENSED TO PROVIDE OR THAT RESTRICT THE PROVISION
OF CARE TO CATEGORIES OF PATIENTS ON THE BASIS OF ANY CHARACTERISTIC
PROTECTED UNDER SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW THAT
THE GENERAL HOSPITAL IS LICENSED TO PROVIDE. "HOSPITAL RULE-BASED
EXCLUSIONS" SHALL INCLUDE, BUT NOT BE LIMITED TO, OBJECTIONS UNDER
SECTION TWENTY-NINE HUNDRED EIGHTY-FOUR OR TWENTY-NINE HUNDRED NINETY-
FOUR-N OF THIS CHAPTER. "HOSPITAL RULE-BASED EXCLUSIONS" SHALL NOT
INCLUDE RESTRICTIONS BASED ON LACK OF EQUIPMENT, AVAILABLE BED SPACE IN
THE FACILITY, OR INSURANCE DENIAL.
2. (A) THE COMMISSIONER SHALL COLLECT FROM EACH GENERAL HOSPITAL A
LIST OF ITS HOSPITAL RULE-BASED EXCLUSIONS ON AN ANNUAL BASIS. EACH
GENERAL HOSPITAL SHALL FURNISH A LIST OF HOSPITAL RULE-BASED EXCLUSIONS
TO THE DEPARTMENT, IMMEDIATELY UPON REQUEST.
(B) THE COMMISSIONER SHALL PUBLISH ON THE DEPARTMENT'S WEBSITE A
CURRENT LIST OF ALL OF THE GENERAL HOSPITALS WITH HOSPITAL RULE-BASED
EXCLUSIONS AND THE HOSPITAL RULE-BASED EXCLUSIONS FOR EACH GENERAL
HOSPITAL NOT LATER THAN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS
SECTION. THE COMMISSIONER SHALL UPDATE THIS LIST ON AN ANNUAL BASIS. THE
COMMISSIONER, IN CONSULTATION WITH EXPERTS IN HEALTH CARE ACCESS,
PATIENT ADVOCACY, TYPES OF HEALTH CARE THAT ARE FREQUENTLY INACCESSIBLE,
AND HOSPITAL ADMINISTRATION SHALL PROMULGATE RULES AND REGULATIONS
CREATING STANDARDIZED LANGUAGE FOR THIS LIST TO ENSURE THAT IT IS READI-
LY UNDERSTANDABLE TO PATIENTS, PROSPECTIVE PATIENTS, AND MEMBERS OF THE
PUBLIC.
(C) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION AND EVERY
FIVE YEARS THEREAFTER, THE COMMISSIONER SHALL SUBMIT A REPORT TO THE
TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY
REGARDING HOSPITAL RULE-BASED EXCLUSIONS IN THE STATE AND THE IMPACT OF
SUCH HOSPITAL RULE-BASED EXCLUSIONS ON PATIENTS' ABILITY TO ACCESS QUAL-
ITY, COMPREHENSIVE, AFFORDABLE CARE NEAR THEIR RESIDENCES AND WHETHER
AND HOW ACCESS TO CARE VARIES BY COMMUNITY, AS WELL AS BY RACE, GENDER,
ETHNICITY, SEXUAL ORIENTATION, GENDER IDENTITY OR GENDER EXPRESSION, AND
SOCIOECONOMIC STATUS, ACROSS THE STATE. THE REPORT SHALL BE MADE PUBLIC-
LY AVAILABLE ON THE DEPARTMENT'S WEBSITE.
(D) THE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS AS MAY BE
NECESSARY AND PROPER TO CARRY OUT EFFECTIVELY THE PROVISIONS OF THIS
SECTION.
§ 3. Subdivision 1 of section 2803 of the public health law is amended
by adding a new paragraph (m) to read as follows:
(M) THE STATEMENT REGARDING PATIENT RIGHTS AND RESPONSIBILITIES,
REQUIRED PURSUANT TO PARAGRAPH (G) OF THIS SUBDIVISION, SHALL INCLUDE AN
EXPLANATION OF HOSPITAL RULE-BASED EXCLUSIONS AND A LINK TO THE SECTION
OF THE DEPARTMENT'S WEBSITE REQUIRED IN PARAGRAPH (B) OF SUBDIVISION TWO
OF SECTION TWENTY-EIGHT HUNDRED THREE-BB OF THIS ARTICLE. EACH GENERAL
HOSPITAL'S WEBSITE SHALL PROMINENTLY LINK TO THE DEPARTMENT'S WEBSITE
REQUIRED IN PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION TWENTY-EIGHT
HUNDRED THREE-BB OF THIS ARTICLE. THE COMMISSIONER MAY PROMULGATE RULES
AND REGULATIONS AS MAY BE NECESSARY AND PROPER TO CARRY OUT EFFECTIVELY
THE PROVISIONS OF THIS PARAGRAPH.
§ 4. Subsection (a) of section 3217-a of the insurance law is amended
by adding a new paragraph 22 to read as follows:
(22)(A) AN EXPLANATION OF HOSPITAL RULE-BASED EXCLUSIONS AND THE FACT
THAT SOME GENERAL HOSPITALS MAY HAVE HOSPITAL RULE-BASED EXCLUSIONS,
S. 3486 3
ALONG WITH A LINK TO THE WEBSITE REQUIRED PURSUANT TO SUBDIVISION TWO OF
SECTION TWENTY-EIGHT HUNDRED THREE-BB OF THE PUBLIC HEALTH LAW.
(B) FOR THE PURPOSES OF THIS PARAGRAPH, "HOSPITAL RULE-BASED EXCLU-
SIONS" SHALL HAVE THE SAME MEANING AS IN SECTION TWENTY-EIGHT HUNDRED
THREE-BB OF THE PUBLIC HEALTH LAW.
§ 5. Subsection (a) of section 4324 of the insurance law is amended by
adding a new paragraph 23 to read as follows:
(23)(A) AN EXPLANATION OF HOSPITAL RULE-BASED EXCLUSIONS AND THE FACT
THAT SOME GENERAL HOSPITALS MAY HAVE HOSPITAL RULE-BASED EXCLUSIONS,
ALONG WITH A LINK TO THE WEBSITE REQUIRED PURSUANT TO SUBDIVISION TWO OF
SECTION TWENTY-EIGHT HUNDRED THREE-BB OF THE PUBLIC HEALTH LAW.
(B) FOR THE PURPOSES OF THIS PARAGRAPH, "HOSPITAL RULE-BASED EXCLU-
SIONS" SHALL HAVE THE SAME MEANING AS IN SECTION TWENTY-EIGHT HUNDRED
THREE-BB OF THE PUBLIC HEALTH LAW.
§ 6. Subdivision 1 of section 4408 of the public health law is amended
by adding a new paragraph (w) to read as follows:
(W) (I) AN EXPLANATION OF HOSPITAL RULE-BASED EXCLUSIONS AND THE FACT
THAT SOME GENERAL HOSPITALS MAY HAVE HOSPITAL RULE-BASED EXCLUSIONS,
ALONG WITH A LINK TO THE WEBSITE REQUIRED PURSUANT TO SUBDIVISION TWO OF
SECTION TWENTY-EIGHT HUNDRED THREE-BB OF THIS CHAPTER.
(II) FOR THE PURPOSES OF THIS PARAGRAPH, "HOSPITAL RULE-BASED EXCLU-
SIONS" SHALL HAVE THE SAME MEANING AS IN SECTION TWENTY-EIGHT HUNDRED
THREE-BB OF THIS CHAPTER.
§ 7. Nothing in this act shall be construed to permit or authorize
denials of care or discrimination in the provision of health care or
health insurance. Compliance with this act does not reduce or limit any
liability for general hospitals in connection with hospital rule-based
exclusions, including violations of state or federal law.
§ 8. Severability clause. If any provision of this act, or any appli-
cation of any provision of this act, is held to be invalid, or ruled to
violate or be inconsistent with any applicable federal law or regu-
lation, that shall not affect the validity or effectiveness of any other
provision of this act, or of any other application of any provision of
this act. It is hereby declared to be the intent of the legislature
that this act would have been enacted even if such invalid provisions
had not been included herein.
§ 9. This act shall take effect eighteen months after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.Every fact on this page links to its source, starting with the official bill record.