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

                                  7074

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 11, 2011
                               ___________

Introduced  by M. of A. GOTTFRIED, DINOWITZ, PAULIN, AUBRY, COOK, GLICK,
  LANCMAN, MILLMAN, PHEFFER, ROBINSON -- Multi-Sponsored by -- M. of  A.
  BRENNAN, CLARK, JACOBS, JAFFEE, P. RIVERA -- read once and referred 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08438-01-1
              

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  3.  The  governing  body, IN COOPERATION WITH THE HOSPITAL'S COMMUNITY
ADVISORY BOARD, must at least annually prepare and make available to the
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

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calendar  month by submitting a personal summary voucher. EACH COMMUNITY
ADVISORY BOARD ESTABLISHED UNDER THIS SUBDIVISION  SHALL  SERVE  AS  THE
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.