N.Y. Public Health Law § 2950: Legislative findings

§ 2950. Legislative findings. The legislature finds and determines as

follows:

1. The health care delivery system is undergoing a major

transformation in response to changing demographics and consumer needs,

changes in reimbursement policies, the emergence of alternate service

providers, and public pressure to control health care costs.

2. Such changes have a particularly severe impact on rural health care

delivery, which consists of small, frequently isolated providers who

have limited financial resources and health support networks. Many such

providers are experiencing financial stress or certain barriers to

change which could seriously reduce access to quality health care

services by individuals in rural environs.

3. This development calls for greater sharing of information and

resources among rural health care providers. The promotion of proper

planning and cooperative efforts among such providers would improve

individual access to health care in rural areas and enhance

cost-effectiveness in the delivery of such services as tertiary, acute,

primary, home health and skilled nursing care; and illness prevention.

4. It is, therefore, the intent of the legislature to encourage

continued access to high quality health care in rural areas as well as

the development of rural health network agreements among providers of

health care servicing rural areas which result in the merger or

integration and coordination of health care services pursuant to such

network agreements; and to provide the necessary funding for such

networks.

5. It is further the intent of the legislature that as needed,

regulatory waivers may be granted to participating providers as required

to successfully implement networks within the limits of prudent

provision for the health, safety, and general welfare of the people

receiving health care. In addition, the commissioner shall actively

provide for technical assistance in order to support the creation and

operation of rural health networks.

6. It is further the intent of the legislature that, in order to

promote access to health care services, to increase the required linkage

of health care service providers, and promote the quality and continuity

of care provided to residents in rural areas, it shall be the policy of

this state to encourage cooperative, collaborative and integrative

arrangements between rural networks and health care providers who might

otherwise be competitors, under the active supervision of the

commissioner. To the extent such arrangements might be anti-competitive

within the meaning and intent of the federal antitrust laws, it is

further the intent of the legislature to supplant competition with such

arrangements to the extent necessary to accomplish the purposes of this

article, and provide state action immunity under the federal antitrust

laws with respect to the planning, implementation and operation of rural

health networks and central services facility rural health networks and

health care providers participating in or members of such networks.