S T A T E O F N E W Y O R K
________________________________________________________________________
9822
I N A S S E M B L Y
February 1, 2010
___________
Introduced by M. of A. LANCMAN, GOTTFRIED, GALEF, JAFFEE, FIELDS,
PAULIN, GUNTHER, SPANO, COOK, TITONE, REILLY, NOLAN, MARKEY, CASTRO,
MENG -- Multi-Sponsored by -- M. of A. DelMONTE, HIKIND, KOON, LUPAR-
DO, McENENY, M. MILLER, PHEFFER, WEISENBERG -- read once and referred
to the Committee on Health
AN ACT to amend the public health law, in relation to reconstituting the
state hospital review and planning council as the state health systems
council, providing for the composition and certain duties thereof and
for the expiration of terms of state hospital review and planning
council members
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "healthcare
rule-making reform act".
S 2. The section heading and subdivision (a) of section 2904 of the
public health law, the section heading as amended by chapter 470 of the
laws of 1976 and subdivision (a) as amended by chapter 383 of the laws
of 2003, are amended to read as follows:
State [hospital review and planning] HEALTH SYSTEMS council. (a) (1)
There is hereby created within the department a state [hospital review
and planning] HEALTH SYSTEMS council comprised of [thirty-one persons]
THIRTY-NINE MEMBERS. THIRTY-ONE MEMBERS SHALL BE appointed by the gover-
nor by and with the advice and consent of the senate, AND EIGHT MEMBERS
SHALL BE APPOINTED BY THE GOVERNOR AND UPON THE RECOMMENDATION OF LEGIS-
LATIVE OFFICIALS UNDER SUBPARAGRAPH (E) OF PARAGRAPH TWO OF THIS SUBDI-
VISION. In making such appointments AND RECOMMENDATIONS the governor AND
LEGISLATIVE OFFICIALS shall consider recommendations from agencies and
organizations [primarily] concerned with [hospital, nursing home and
medical affairs] ENHANCING THE DELIVERY OF QUALITY AND ACCESSIBLE HEALTH
CARE SERVICES.
(2) The council shall be representative of the public including
persons having capacities identified with consumers of [hospital and
nursing home services] HEALTH CARE SERVICES AND SHALL, EFFECTIVE FEBRU-
ARY FIRST, TWO THOUSAND ELEVEN, CONSIST OF:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15009-02-9
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(A) NO LESS THAN SEVEN MEMBERS APPOINTED BY THE GOVERNOR WHO ARE
REPRESENTATIVE OF PROVIDERS OF HEALTH CARE SERVICES;
(B) NO LESS THAN SEVEN MEMBERS APPOINTED BY THE GOVERNOR WHO ARE
REPRESENTATIVE OF PURCHASERS AND PAYERS OF HEALTH CARE SERVICES, INCLUD-
ING BUSINESS, GOVERNMENT ORGANIZATIONS, LABOR AND OTHER INSTITUTIONS
OTHER THAN THOSE DIRECTLY RELATED TO A PROVIDER OF HEALTH CARE SERVICES;
(C) NO LESS THAN SEVEN MEMBERS APPOINTED BY THE GOVERNOR WHO ARE
REPRESENTATIVE OF LABOR ORGANIZATIONS REPRESENTING HEALTH CARE EMPLOY-
EES;
(D) NO LESS THAN TEN MEMBERS APPOINTED BY THE GOVERNOR WHO ARE REPRE-
SENTATIVE OF HEALTH CARE CONSUMER ADVOCACY ORGANIZATIONS WHICH HAVE A
STATEWIDE OR REGIONAL CONSTITUENCY, AND WHO HAVE BEEN INVOLVED IN ACTIV-
ITIES RELATED TO HEALTH CARE CONSUMER ADVOCACY, INCLUDING ISSUES OF
INTEREST TO LOW- AND MODERATE-INCOME INDIVIDUALS; AND
(E) EIGHT MEMBERS APPOINTED BY THE GOVERNOR, THREE OF WHOM SHALL BE
APPOINTED UPON THE RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE
SENATE, ONE OF WHOM SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE
MINORITY LEADER OF THE SENATE, THREE OF WHOM SHALL BE APPOINTED UPON THE
RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY, AND ONE OF WHOM SHALL BE
APPOINTED UPON THE RECOMMENDATION OF THE MINORITY LEADER OF THE
ASSEMBLY. Membership on the council shall be reflective of the diversity
of the state's population including, but not limited to, the various
geographic areas and population densities throughout the state. [At
least six members shall be persons engaged in hospital or nursing home
work at the policy making or administrative level. At least six members
shall be duly licensed physicians. On and after April first, nineteen
hundred seventy-three, at least one member of the council shall be
representative of home health agencies. On or after April first, nine-
teen hundred eighty-three, at least two members of the council shall be
members of the mental health services council. No more than fifteen
members of the council shall be physicians, or persons engaged in full-
time paid employment connected with hospitals or nursing homes. However,
a] A change in the status or employment of a member of the council shall
not require his or her resignation or a change in the composition of the
council until further appointments are made. The members of the council
shall have fixed terms of three years [except that ten of the initial
appointments shall be for one year and ten shall be for two years and
except that the term of any member appointed as a member of the mental
health services council shall terminate upon the expiration of his or
her term on the mental health services council]. No person shall be a
member of the council for more than six years in any period of twelve
consecutive years. EACH VACANCY SHALL BE FILLED BY AN APPOINTMENT OF
THE GOVERNOR, WITHIN THE SAME MANNER AND SAME CATEGORY OF THE ORIGINAL
APPOINTMENT, WITHIN ONE YEAR OF THE DATE UPON WHICH SUCH VACANCY OCCURS.
(3) FOR THE PURPOSES OF THIS SECTION, UNLESS THE CONTEXT CLEARLY
REQUIRES OTHERWISE, "PROVIDER OF HEALTH CARE SERVICES" MEANS AN INDIVID-
UAL WHO: IS A DIRECT PROVIDER OF HEALTH CARE (INCLUDING BUT NOT LIMITED
TO A HEALTH CARE PRACTITIONER LICENSED UNDER TITLE EIGHT OF THE EDUCA-
TION LAW, OR ANCILLARY PERSONNEL EMPLOYED UNDER THE SUPERVISION OF SUCH
HEALTH CARE PRACTITIONER) WHOSE PRIMARY CURRENT ACTIVITY IS THE
PROVISION OF HEALTH CARE OR THE ADMINISTRATION (INCLUDING TRUSTEES OR
MEMBERS OF BOARDS OF DIRECTORS) OF HEALTH CARE FACILITIES; OR HOLDS A
FIDUCIARY POSITION WITH, OR HAS A FIDUCIARY INTEREST IN, ANY ENTITY
WHICH HAS AS ITS PRIMARY PURPOSE THE DELIVERY OF HEALTH CARE, THE
CONDUCT OF RESEARCH INTO OR INSTRUCTION FOR HEALTH PROFESSIONALS IN THE
PROVISIONS OF HEALTH CARE, OR THE PRODUCTION OF OR SUPPLY OF DRUGS OR
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OTHER ARTICLES FOR INDIVIDUALS OR ENTITIES FOR USE IN THE PROVISION OF
HEALTH CARE; OR IS A PROFESSIONAL EMPLOYEE OF A HEALTH PROFESSIONS
SCHOOL; OR IS THE SPOUSE OR DOMESTIC PARTNER OF AN INDIVIDUAL DESCRIBED
IN THIS PARAGRAPH.
(4) The council shall:
(A) meet at least four times in each full calendar year[. Each vacancy
shall be filled by an appointment of the governor within one year of the
date upon which such vacancy occurs];
(B) ESTABLISH SUCH COMMITTEES OF THE FULL COUNCIL AS NECESSARY TO
FULFILL ITS OBLIGATIONS, PROVIDED THAT NOT LESS THAN TWENTY-FIVE PERCENT
OF THE MEMBERS OF EACH COMMITTEE SHALL BE REPRESENTATIVE OF HEALTH CARE
CONSUMER ADVOCACY ORGANIZATIONS UNDER SUBPARAGRAPH (D) OF PARAGRAPH TWO
OF THIS SUBDIVISION;
(C) AFFORD MEMBERS OF THE GENERAL PUBLIC THE OPPORTUNITY TO OFFER
COMMENT ON MATTERS BEFORE THE COUNCIL, INCLUDING ORAL COMMENT DURING
COMMITTEE CONSIDERATION OF SUCH MATTERS IN A MANNER WHICH DOES NOT
IMPEDE THE SPONTANEOUS AND FREE FLOW OF DIALOGUE BETWEEN COMMITTEE
MEMBERS AND MEMBERS OF THE PUBLIC; AND
(D) ADOPT BYLAWS GOVERNING MEETINGS OF THE COUNCIL WHICH SHALL
INCLUDE, BUT NOT BE LIMITED TO, A CODE OF ETHICS AND CONFLICTS OF INTER-
EST WHICH SHALL PRECLUDE A MEMBER FROM VOTING ON A MATTER IN WHICH THE
MEMBER HAS ANY INTEREST, FINANCIAL OR OTHERWISE, DIRECT OR INDIRECT.
S 3. Notwithstanding any inconsistent provision of law, the terms of
members of the state hospital review and planning council established
pursuant to section 2904 of the public health law as amended by section
two of this act, and as constituted on the effective date of this act,
shall expire on January 31, 2011. Members appointed to the state health
systems council for terms effective February 1, 2011 pursuant to para-
graph 2 of subdivision (a) of section 2904 of the public health law, as
amended by section two of this act, shall be appointed to initial terms
as follows: for members appointed pursuant to subparagraph (A) of such
paragraph, two shall be appointed for a term of one year, two shall be
appointed for a term of two years, and three shall be appointed for a
term of three years; for members appointed pursuant to subparagraph (B)
of such paragraph, two shall be appointed for a term of one year, two
shall be appointed for a term of two years, and three shall be appointed
for a term of three years; for members appointed pursuant to subpara-
graph (C) of such paragraph, two shall be appointed for a term of one
year, two shall be appointed for a term of two years and three shall be
appointed for a term of three years; for members appointed pursuant to
subparagraph (D) of such paragraph, three shall be appointed for terms
of one year, four shall be appointed for terms of two years, and three
shall be appointed for terms of three years; and members appointed
pursuant to subparagraph (E) of such paragraph shall be appointed for
terms of three years.
S 4. On and after the effective date of this act, any and all refer-
ences, direct or indirect, to the state hospital review and planning
council contained anywhere in law or regulation shall be deemed for all
purposes to be references to the state health systems council.
S 5. This act shall take effect on the thirtieth day after it shall
have become a law, except that the amendments to paragraphs 1 and 2 of
subdivision (a) of section 2904 of the public health law, as designated
by section two of this act, shall take effect February 1, 2011, provided
however that the commissioner of health is authorized to take such
action as is necessary prior to the effective date of this act to ensure
its timely implementation.