NYSAASC’s top legislative priority for 2023 is now the law! On Wednesday, October 25, 2023, Governor Hochul signed legislation S6086/A3302 into law, which will add a representative of freestanding ambulatory surgery centers to the Public Health and Health Planning Council (PHHPC). To do so, the law expands the membership of PHHPC from 25 to 26. The enactment of this law is a major development for freestanding ambulatory surgery centers and their critical part of the healthcare system in New York State. 

This bill was introduced and championed by Senator Neil Breslin (D-Albany) and Assembly Member John T. McDonald III, RPh  (D-Albany) during the 2023 legislative session and ultimately passed both houses of the Legislature unanimously. NYSAASC extends our sincere gratitude to Governor Hochul, Senator Breslin and Assemblymember McDonald, for their unwavering support and recognition of for freestanding ambulatory surgery centers.

This recognition reflects the growing importance of ASCs in the state's healthcare landscape. These centers, numbering over 160 as of March 2021, offer high-quality, safe, convenient, and cost-efficient surgical care. Data presented to the PHHPC by the New York State Department of Health underscores the increased utilization of FASCs, with the percentage of procedures performed in these centers nearly tripling from 2007 to 2017, reaching 30.7%. The data also shows a doubling in the percentage of colonoscopies and biopsies performed in FASCs during the same period, from 20.3% to 46.1%. 

The PHHPC plays a pivotal role in healthcare planning and policy, addressing matters related to health facility establishment, transfer, construction, and services, as well as health department regulations. With this newfound representation, the council is better equipped to make informed decisions on matters like Certificate of Need (CON) and regulations, ensuring that the perspectives and needs of freestanding ASCs are taken into account. This milestone reinforces our commitment to providing high-quality, accessible healthcare to the people of New York, and we eagerly anticipate the positive impact it will have on the state's healthcare system. 

The law takes effect immediately. Under the law, the Governor will appoint the representative of freestanding ambulatory surgery centers, which will be subject to advice and consent of the Senate. NYSAASC will keep members informed as this process moves along.   

Take a minute today, to send a thank you to Governor Hochul here, Senator Breslin at [email protected], and Asm. McDonald at [email protected].