S T A T E   O F   N E W   Y O R K
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                                  2889

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 3, 2011
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed  to be committed to the Committee on Commerce, Economic Devel-
  opment and Small Business

AN ACT to amend the economic development law, in relation to the  estab-
  lishment  of  the  New  York  state  task  force  on  health care cost
  reduction through entrepreneurial innovation

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

  Section  1.  The  economic  development law is amended by adding a new
section 139 to read as follows:
  S 139. NEW YORK STATE TASK FORCE ON HEALTH CARE COST REDUCTION THROUGH
ENTREPRENEURIAL INNOVATION. 1. THE LEGISLATURE FINDS THAT  OPPORTUNITIES
EXIST  TO  IMPROVE  HEALTH CARE DELIVERY, AND HEALTH THROUGH NONSURGICAL
AND NON-PHARMACOLOGICAL MEANS BY ENCOURAGING COOPERATION OF HEALTH  CARE
PROVIDERS,  MANUFACTURERS,  SERVICE PROVIDERS, RESEARCHERS AND ENGINEERS
TO DEVELOP INNOVATIVE SOLUTIONS. BY DEVELOPING PRODUCTS  THAT  HELP  OUR
SENIORS STAY IN THEIR HOMES LONGER, PEOPLE ON SPECIAL DIETS GET THE FOOD
THAT  THEY  NEED AT A COST THEY CAN AFFORD, OR ENABLING REMOTE EMERGENCY
WORKERS TO RESPOND MORE EFFECTIVELY, ULTIMATELY, HEALTH CARE  COSTS  ARE
REDUCED.  THEREFORE, THE LEGISLATURE ESTABLISHES THE NEW YORK STATE TASK
FORCE ON HEALTH CARE COST REDUCTION THROUGH  ENTREPRENEURIAL  INNOVATION
IN  ORDER  TO  DEVELOP A COMPREHENSIVE STATEWIDE PLAN FOR DEVELOPMENT OF
INDUSTRIES THAT DELIVER PRODUCTS AND SERVICES  TO  REDUCE  THE  COST  OF
HEALTH  CARE  WHILE  CREATING  JOBS  AND  STIMULATING  ECONOMIC ACTIVITY
THROUGHOUT THE STATE.
  2. THE DEPARTMENT, IN COOPERATION WITH THE DEPARTMENT OF HEALTH, SHALL
ESTABLISH A TASK FORCE TO UNDERTAKE AN ASSESSMENT OF CONDITIONS THAT ARE
TREATED IN THE HEALTH CARE SYSTEM WHERE COSTS ARE LOWERED THROUGH USE OF
CURRENTLY AVAILABLE OR NEW PRODUCTS OR SERVICES AND DEVELOP A  PLAN  FOR
NEW  YORK STATE PUBLIC, NOT-FOR-PROFIT AND PRIVATE HEALTH CARE PROVIDERS
TO WORK TOGETHER WITH INNOVATIVE SERVICE AND MANUFACTURING BUSINESSES TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07609-01-1
              

S. 2889                             2

DEVELOP AND PROMOTE THE USE OF INNOVATIVE  PRODUCTS  AND  SERVICES  THAT
LOWER  HEALTH  CARE  COST  WHILE  IMPROVING  HEALTH  CARE  OUTCOMES  FOR
PATIENTS, CAREGIVERS AND COMMUNITIES.  THE  TASK  FORCE  SHALL  ISSUE  A
PRELIMINARY  REPORT  TO  THE  GOVERNOR  AND LEGISLATURE OF ITS FINDINGS,
CONCLUSIONS, AND RECOMMENDATIONS WITHIN NINETY DAYS AFTER THE  EFFECTIVE
DATE  OF  THIS  SECTION AND A FINAL REPORT OF ITS FINDINGS, CONCLUSIONS,
AND RECOMMENDATIONS NO LATER THAN  ONE  HUNDRED  FIFTY  DAYS  AFTER  THE
EFFECTIVE  DATE OF THIS SECTION. THE NEW YORK STATE TASK FORCE ON HEALTH
CARE COST REDUCTION  THROUGH  ENTREPRENEURIAL  INNOVATION  REPORT  SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
  (A)  AN  INVENTORY  OF  TARGETED  HEALTH  CARE  CONDITIONS  FOR A COST
REDUCTION PLAN AND THE RELATED PRODUCTS AND/OR SERVICES TO BE DEVELOPED,
SUCH AS:
  (I) PRODUCTS THAT MEET THE NEEDS OF SPECIAL DIETS, SUCH AS  FOR  THOSE
WITH FOOD ALLERGIES, CELIAC DISEASE AND LACTOSE INTOLERANCE;
  (II)  PRODUCTS  USED IN THE WORKPLACE TO PREVENT INJURIES FROM REPETI-
TIVE STRESS, BURNS OR FALLS;
  (III) PRODUCTS USED  IN  REHABILITATION  AND  RECOVERY  FROM  SURGICAL
PROCEDURES OR INJURY;
  (IV) PRODUCTS USED TO ALLOW HOMES TO BE ACCESSIBLE TO THE DISABLED, OR
TO ALLOW SENIORS TO AGE IN PLACE;
  (V) PRODUCTS FOR IMPROVING EMERGENCY OR FIRST RESPONDER SERVICES; AND
  (VI) PRODUCTS TO PROVIDE FOR EFFICIENT AND EFFECTIVE REMOTE OR VIRTUAL
AND  ELECTRONICALLY  ENABLED REMOTE HEALTH CARE, INCLUDING LOCATOR TECH-
NOLOGY.
  (B) AN INVENTORY OF NEW YORK STATE'S CURRENT INDUSTRIES AND  RESOURCES
THAT PROVIDE PRODUCTS AND SERVICES RELATED TO HEALTH CARE COST REDUCTION
PLANS  AS WELL AS CURRENTLY UNMET NEEDS, SHOWING GEOGRAPHIC AND INDUSTRY
BASED STRENGTHS AND WEAKNESSES. PARTICULAR ATTENTION SHALL BE  GIVEN  TO
THE  CURRENT AND FUTURE OPPORTUNITIES FOR SMALL AND EMERGING MANUFACTUR-
ING AND TECHNOLOGY BUSINESS THROUGHOUT NEW YORK STATE  AS  WELL  AS  THE
RELEVANT  SPECIALIZED  RESEARCH  AND  DEVELOPMENT  CAPABILITIES  OF  THE
STATE'S UNIVERSITIES AND COLLEGES.
  (C) RECOMMENDATIONS FOR  DEVELOPMENT  OF  PRODUCTS  AND  SERVICES  AND
ACCOMPANYING BENCHMARKS, TIMELINES AND GOALS THAT CAN BE IMPLEMENTED AND
PROMOTED  BY  THE DEPARTMENT WHILE WORKING WITH STAKEHOLDERS, INCLUDING,
BUT NOT LIMITED TO, BUSINESSES, RESEARCH  INSTITUTIONS,  STATE  AGENCIES
AND  AUTHORITIES,  INDUSTRY  AND  TRADE  GROUPS, AND LOCAL, REGIONAL AND
STATEWIDE HEALTHCARE PROVIDERS.
  (D) IN ORDER TO ACHIEVE THESE GOALS, THE TASK FORCE  MAY  HOLD  PUBLIC
HEARINGS,  AND SHALL HAVE THE POWERS OF A LEGISLATIVE COMMITTEE PURSUANT
TO THE LEGISLATIVE LAW.
  (E) TO THE MAXIMUM EXTENT FEASIBLE, THE TASK FORCE SHALL  BE  ENTITLED
TO  REQUEST  AND  RECEIVE  AND  SHALL  UTILIZE AND BE PROVIDED WITH SUCH
FACILITIES, RESOURCES, AND DATA  OF  ANY  DEPARTMENT,  DIVISION,  BOARD,
BUREAU,  COMMISSION, OR AGENCY OF THE STATE OR ANY POLITICAL SUBDIVISION
THEREOF AS IT MAY REASONABLY REQUEST TO CARRY OUT  PROPERLY  ITS  POWERS
AND DUTIES PURSUANT TO THIS SECTION. THE TASK FORCE MAY USE RESOURCES OF
THE DEPARTMENT AS IT MAY DEEM NECESSARY FOR THE PERFORMANCE OF ITS FUNC-
TIONS.
  3.  NEW  YORK  STATE  TASK FORCE ON HEALTH CARE COST REDUCTION THROUGH
ENTREPRENEURIAL INNOVATION SHALL BE  COMPOSED  OF  NINETEEN  MEMBERS  AS
FOLLOWS:
  (A)  TWO EX-OFFICIO MEMBERS, WHO MAY DESIGNATE A REPRESENTATIVE TO ACT
ON HIS OR HER BEHALF:
  (I) THE COMMISSIONER OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT; AND

S. 2889                             3

  (II) THE COMMISSIONER OF THE DEPARTMENT OF HEALTH.
  (B)  FIVE MEMBERS APPOINTED BY THE GOVERNOR, FOUR MEMBERS APPOINTED BY
THE TEMPORARY PRESIDENT OF THE SENATE, FOUR  MEMBERS  APPOINTED  BY  THE
SPEAKER OF THE ASSEMBLY, TWO MEMBERS APPOINTED BY THE MINORITY LEADER OF
THE  SENATE  AND  TWO  MEMBERS  APPOINTED  BY THE MINORITY LEADER OF THE
ASSEMBLY. SUCH MEMBERS SHALL BE LEADERS IN THE RELEVANT AREAS OF  HEALTH
SERVICE  DELIVERY, ADVANCED MANUFACTURING, RESEARCH AND DEVELOPMENT, NEW
PRODUCT DEVELOPMENT AND COMMERCIALIZATION. THE GOVERNOR SHALL  DESIGNATE
A CHAIRPERSON OF THE TASK FORCE. VACANCIES IN THE MEMBERSHIP OF THE TASK
FORCE SHALL BE FILLED IN THE MANNER PROVIDED FOR ORIGINAL APPOINTMENTS.
  (C)  APPOINTING AUTHORITIES SHALL APPOINT MEMBERS OF THE TASK FORCE ON
OR BEFORE THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION  AND  THE
TASK  FORCE  SHALL  CONVENE  ITS  FIRST MEETING ON OR BEFORE THIRTY DAYS
THEREAFTER.
  4. NOTWITHSTANDING THE  PROVISIONS  OF  SECTION  SEVENTY-FOUR  OF  THE
PUBLIC  OFFICERS LAW, SECTION EIGHT HUNDRED SIX OF THE GENERAL MUNICIPAL
LAW OR ANY OTHER PROVISION OF LAW, MEMBERSHIP ON THE COMMISSION  OF  ANY
STATE  OR  MUNICIPAL  OFFICER  OR  EMPLOYEE  SHALL  NOT  CONSTITUTE  THE
VIOLATION OF ANY CODE OF ETHICS OR A CONFLICT OF INTEREST.  THE  MEMBERS
OF  THE TASK FORCE SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT
SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY  EXPENSES  INCURRED  IN  THE
PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS SECTION.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.