senate Bill S4817

Requires every general hospital to have a community advisory board

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 24 / Apr / 2013
    • REFERRED TO HEALTH
  • 08 / Jan / 2014
    • REFERRED TO HEALTH

Summary

Requires every general hospital to have a community advisory board.

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Bill Details

See Assembly Version of this Bill:
A4525
Versions:
S4817
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §2803-l, Pub Health L; amd §4, NYC Health & Hosp Corps Act
Versions Introduced in 2011-2012 Legislative Cycle:
A7074, A7074

Sponsor Memo

BILL NUMBER:S4817

TITLE OF BILL: An act to amend the public health law and the New York
City health and hospitals corporation act, in relation to hospital
community advisory boards

PURPOSE OR GENERAL IDEA OF BILL: To require every general hospital to
have a community advisory board and community service plan.

SUMMARY OF SPECIFIC PROVISIONS:

Sec. 1 amends PHL § 2803-1 to: extend the current requirement that
"voluntary non-profit" hospitals have a community service plan to
apply to every general hospital, including public hospitals and
for-profit hospitals; require hospitals to involve its community
advisory board in the preparation of its community service plan; and
require every hospital to have a community advisory board (CAB),
similar to the current requirement for New York City public hospitals.

Sec. 2 amends the New York City Health and Hospitals Corporation Act
(Chapter 1016 of the laws of 1969) to require that HHC hospital CAB
membership lists be filed with the State Department of Health (as the
bill requires for other hospital CABs), and to delete the outdated $25
limit on expense reimbursement for CAB members.

Sec. 3 provides for an effective date 270 days after enactment.

JUSTIFICATION: General hospitals are vitally important institutions
for communities and should be responsive to community needs, whether
they are non-profit, for profit, or public institutions. Virtually
every non-public hospital is heavily dependent on public funding. With
public licensure and public funding comes an obligation to serve the
public. Public regulations, financial incentives, and, in the case of
public hospitals, public ownership can only go so far in making sure
hospitals are mindful of and serve community needs. New York State
wisely requires voluntary non-profit hospitals to periodically adopt
and update a community service plan. It is appropriate for every
hospital to follow this model. The New York City's public hospitals
are required by state law to have community advisory boards. All
hospitals and communities would benefit from having a community
advisory board.

PRIOR LEGISLATIVE HISTORY: 2012 and 2013: A.2074 - passed Assembly

FISCAL IMPLICATIONS: Minimal. Community advisory board members would
not be paid, but may be reimbursed by the hospital for their expenses.

EFFECTIVE DATE: 270 days after it becomes a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4817

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 24, 2013
                               ___________

Introduced  by  Sen. HOYLMAN -- 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 New York City  health  and
  hospitals  corporation act, in relation to hospital community advisory
  boards

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  2803-l  of  the public health law, as amended by
chapter 639 of the laws of 1996, is amended to read as follows:
  S 2803-l. Community service plans AND COMMUNITY  ADVISORY  BOARDS.  1.
The  governing  body  of  a  [voluntary non-profit] general hospital, IN
COOPERATION WITH THE HOSPITAL'S  COMMUNITY  ADVISORY  BOARD  ESTABLISHED
UNDER THIS SECTION, must issue an organizational mission statement iden-
tifying  at  a  minimum  the  populations  and communities served by the
hospital and the hospital's commitment to meeting the health care  needs
of the community.
  2.  The  governing  body, IN COOPERATION WITH THE HOSPITAL'S COMMUNITY
ADVISORY BOARD ESTABLISHED UNDER THIS SECTION must at least every  three
years:
  (i) review and amend as necessary the hospital mission statement;
  (ii)  solicit  the  views of the communities served by the hospital on
such issues as the hospital's performance and service priorities;
  (iii) demonstrate the hospital's operational and financial  commitment
to meeting community health care needs, to provide charity care services
and to improve access to health care services by the underserved; and
  (iv) prepare and make available to the public a statement showing on a
combined  basis a summary of the financial resources of the hospital and
related corporations and the allocation of available resources to hospi-
tal purposes including the provision of free or reduced charge services.
  3. The governing body, IN COOPERATION WITH  THE  HOSPITAL'S  COMMUNITY
ADVISORY BOARD, must at least annually prepare and make available to the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01259-01-3

S. 4817                             2

public  an implementation report regarding the hospital's performance in
meeting the health care needs of the community, providing  charity  care
services,  and  improving  access  to health care services by the under-
served.
  4.    The  governing body shall file with the commissioner its mission
statement, its annual implementation report, and at  least  every  three
years  a  report  detailing  amendments  to the statement and reflecting
changes in the hospital's operational and financial commitment to  meet-
ing  the  health  care  needs  of  the community, providing charity care
services, and improving access to health care  services  by  the  under-
served.    EACH OF THESE DOCUMENTS SHALL BE MADE AVAILABLE TO THE PUBLIC
BY THE HOSPITAL ON ITS WEBSITE AND BY THE DEPARTMENT ON ITS WEBSITE.
  5. (I) EVERY GENERAL HOSPITAL SHALL  ESTABLISH  A  COMMUNITY  ADVISORY
BOARD  TO  CONSIDER  AND ADVISE THE HOSPITAL UPON MATTERS CONCERNING THE
DEVELOPMENT OF ANY PLANS OR PROGRAMS OF THE HOSPITAL, AND MAY  ESTABLISH
RULES AND REGULATIONS WITH RESPECT TO THE COMMUNITY ADVISORY BOARD.
  (II)  THE  MEMBERS  OF THE COMMUNITY ADVISORY BOARD SHALL BE REPRESEN-
TATIVES OF THE COMMUNITY SERVED BY THE HOSPITAL. THE HOSPITAL SHALL FILE
WITH THE COMMISSIONER, AND FROM TIME TO TIME UPDATE, AN UP-TO-DATE  LIST
OF  THE  MEMBERS OF THE HOSPITAL'S COMMUNITY ADVISORY BOARD, WHICH SHALL
BE MADE AVAILABLE TO THE PUBLIC BY THE HOSPITAL ON ITS WEBSITE AND SHALL
BE MADE AVAILABLE TO THE PUBLIC BY THE DEPARTMENT ON ITS WEBSITE.
  (III) NOTWITHSTANDING ANY  INCONSISTENT  PROVISION  OF  LAW,  GENERAL,
SPECIAL  OR  LOCAL,  NO OFFICER OR EMPLOYEE OF THE STATE OR OF ANY CIVIL
DIVISION THEREOF, SHALL BE DEEMED TO HAVE FORFEITED OR SHALL FORFEIT HIS
OFFICE OR EMPLOYMENT BY REASON OF HIS ACCEPTANCE OF  MEMBERSHIP  ON  THE
COMMUNITY  ADVISORY  BOARD.  NO  MEMBER  OF THE COMMUNITY ADVISORY BOARD
SHALL RECEIVE COMPENSATION OR ALLOWANCE FOR  SERVICES  RENDERED  ON  THE
COMMUNITY  ADVISORY  BOARD,  EXCEPT,  HOWEVER, THAT MEMBERS OF COMMUNITY
ADVISORY BOARDS MAY BE REIMBURSED BY THE HOSPITAL FOR NECESSARY EXPENSES
INCURRED IN RELATION TO SERVICE ON THE COMMUNITY ADVISORY BOARD.
  S 2. Subdivision 11 of section 4 of section 1 of chapter 1016  of  the
laws  of  1969,  enacting  the New York city health and hospitals corpo-
ration act, as amended by chapter 116 of the laws of 1978, is amended to
read as follows:
  11. (I) The corporation shall establish a community advisory board for
each of its hospitals to consider and advise  the  corporation  and  the
hospital  upon  matters  concerning  the  development  of  any  plans or
programs of the corporation, and may  establish  rules  and  regulations
with respect to such boards.
  (II)  The  members of such advisory boards shall be representatives of
the community served by the hospital. THE CORPORATION  SHALL  FILE  WITH
THE  COMMISSIONER,  AND  FROM TIME TO TIME UPDATE, AN UP-TO-DATE LIST OF
THE MEMBERS OF EACH HOSPITAL'S COMMUNITY ADVISORY BOARD, WHICH SHALL  BE
MADE  AVAILABLE  TO THE PUBLIC BY THE HOSPITAL ON ITS WEBSITE AND BY THE
DEPARTMENT OF HEALTH ON ITS WEBSITE.
  (III) Notwithstanding any  inconsistent  provision  of  law,  general,
special  or  local,  no officer or employee of the state or of any civil
division thereof, shall be deemed to have forfeited or shall forfeit his
office or employment by reason of his acceptance of membership  on  such
community advisory board.  No member of such board shall receive compen-
sation  or allowance for services rendered on such board, except, howev-
er, that members of community advisory  boards  may  be  reimbursed  for
necessary  expenses  [up  to and including twenty-five dollars] during a
calendar month by submitting a personal summary voucher. EACH  COMMUNITY
ADVISORY  BOARD  ESTABLISHED  UNDER  THIS SUBDIVISION SHALL SERVE AS THE

S. 4817                             3

COMMUNITY ADVISORY BOARD  FOR  THE  RESPECTIVE  HOSPITAL  UNDER  SECTION
2803-1 OF THE PUBLIC HEALTH LAW.
  S  3.  This  act  shall  take effect two hundred seventy days after it
shall have become a law. However, prior to that date,  the  commissioner
of health and each general hospital shall take actions reasonably neces-
sary to implement this act on that date.

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