S T A T E   O F   N E W   Y O R K
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                                  10167

                          I N  A S S E M B L Y

                              May 13, 2016
                               ___________

Introduced by M. of A. PERRY, GOTTFRIED -- (at request of the Department
  of Health) -- read once and referred to the Committee on Health

AN  ACT  to  amend  the public health law, in relation to redefining the
  duties and renaming the office of minority health  to  the  office  of
  health  equity  and renaming the minority health council to the health
  equity council; and to repeal certain provisions of such law  relating
  thereto

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

  Section 1. The title heading of title II-F of article 2 of the  public
health  law,  as  added by chapter 757 of the laws of 1992 and as renum-
bered by chapter 443 of the laws of 1993, is amended to read as follows:
                   OFFICE OF [MINORITY] HEALTH EQUITY
  S 2. Section 240 of the public health law, as added by chapter 757  of
the  laws  of 1992 and as renumbered by chapter 443 of the laws of 1993,
is REPEALED and a new section 240 is added to read as follows:
  S 240. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1. "VULNERABLE POPULATIONS" SHALL MEAN  THOSE  THAT  HAVE  EXPERIENCED
INJUSTICES AND DISADVANTAGES AS A RESULT OF THEIR RACE, ETHNICITY, SEXU-
AL  ORIENTATION, GENDER IDENTITY, DISABILITY STATUS, AGE, AND/OR SOCIOE-
CONOMIC STATUS, AMONG OTHERS.
  2. "RACIALLY AND ETHNICALLY DIVERSE AREA" SHALL MEAN A COUNTY  WITH  A
NON-WHITE  POPULATION  OF FORTY PERCENT, OR MORE, OR THE SERVICE AREA OF
AN AGENCY, CORPORATION, FACILITY OR INDIVIDUAL PROVIDING MEDICAL  AND/OR
HEALTH SERVICES WHOSE NON-WHITE POPULATION IS FORTY PERCENT OR MORE.
  3.  "PROVIDER"  SHALL MEAN ANY AGENCY, CORPORATION, FACILITY, OR INDI-
VIDUAL PROVIDING MEDICAL AND/OR HEALTH CARE SERVICES TO VULNERABLE POPU-
LATIONS.
  4. "OFFICE" SHALL MEAN THE OFFICE OF HEALTH EQUITY, AS CREATED  PURSU-
ANT TO SECTION TWO HUNDRED FORTY-ONE OF THIS ARTICLE.
  5. "HEALTH EQUITY COUNCIL" SHALL MEAN THE ADVISORY BODY TO THE COMMIS-
SIONER,  CREATED  PURSUANT  TO  THE  PROVISIONS  OF  SECTION TWO HUNDRED
FORTY-THREE OF THIS ARTICLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14339-01-6
              

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  6. "HEALTH DISPARITIES" SHALL MEAN MEASURABLE  DIFFERENCES  IN  HEALTH
STATUS,  ACCESS  TO  CARE,  AND  QUALITY  OF CARE AS DETERMINED BY RACE,
ETHNICITY, SEXUAL ORIENTATION, GENDER IDENTITY, DISABILITY STATUS, AGING
POPULATION, AND SOCIOECONOMIC STATUS.
  7.  "HEALTH  EQUITY"  SHALL MEAN ACHIEVING THE HIGHEST LEVEL OF HEALTH
FOR ALL PEOPLE AND SHALL ENTAIL FOCUSED  EFFORTS  TO  ADDRESS  AVOIDABLE
INEQUALITIES  BY  EQUALIZING  THOSE CONDITIONS FOR HEALTH FOR THOSE THAT
HAVE EXPERIENCED INJUSTICES AND SOCIOECONOMIC DISADVANTAGES.
  8.  "SOCIAL  DETERMINANTS  OF  HEALTH"   SHALL   MEAN   LIFE-ENHANCING
RESOURCES,  SUCH  AS  AVAILABILITY  OF HEALTHFUL FOODS, QUALITY HOUSING,
ECONOMIC OPPORTUNITY, SOCIAL RELATIONSHIPS,  TRANSPORTATION,  EDUCATION,
AND  HEALTH  CARE,  WHOSE  DISTRIBUTION  ACROSS  POPULATIONS EFFECTIVELY
DETERMINES THE LENGTH AND QUALITY OF LIFE.
  S 3. Section 241 of the public health law, as added by chapter 757  of
the  laws  of 1992 and as renumbered by chapter 443 of the laws of 1993,
is REPEALED and a new section 241 is added to read as follows:
  S 241. OFFICE OF HEALTH EQUITY RENAMED. THE OFFICE OF MINORITY  HEALTH
IS  HEREBY  RENAMED AS THE OFFICE OF HEALTH EQUITY WITHIN THE DEPARTMENT
OF HEALTH. SUCH OFFICE SHALL:
  1. WORK COLLABORATIVELY WITH OTHER STATE AGENCIES AND AFFECTED  STAKE-
HOLDERS,  INCLUDING  PROVIDERS  AND  REPRESENTATIVES OF VULNERABLE POPU-
LATIONS, IN ORDER TO SET PRIORITIES, COLLECT AND DISSEMINATE  DATA,  AND
ALIGN  RESOURCES  WITHIN THE DEPARTMENT AND ACROSS OTHER STATE AGENCIES.
THE OFFICE SHALL ALSO CONDUCT HEALTH PROMOTION AND EDUCATIONAL OUTREACH,
AS WELL AS DEVELOP AND IMPLEMENT INTERVENTIONS AIMED AT ACHIEVING HEALTH
EQUITY  AMONG  VULNERABLE  POPULATIONS  BY  IMPLEMENTING  STRATEGIES  TO
ADDRESS  THE VARYING COMPLEX CAUSES OF HEALTH DISPARITIES, INCLUDING THE
ECONOMIC, PHYSICAL, AND SOCIAL ENVIRONMENTS.
  2. INTEGRATE AND COORDINATE SELECTED STATE HEALTH CARE GRANT AND  LOAN
PROGRAMS  ESTABLISHED  SPECIFICALLY  FOR  PROMOTING HEALTH EQUITY IN NEW
YORK. AS PART OF THIS FUNCTION, THE OFFICE SHALL DEVELOP  A  COORDINATED
APPLICATION  PROCESS FOR USE BY PROVIDERS, MUNICIPALITIES, AND OTHERS IN
SEEKING FUNDS AND/OR TECHNICAL  ASSISTANCE  ON  PERTINENT  PROGRAMS  AND
SERVICES TARGETED TO ADDRESS HEALTH EQUITY AMONG VULNERABLE POPULATIONS.
  3.  APPLY FOR GRANTS, AND ACCEPT GIFTS FROM PRIVATE AND PUBLIC SOURCES
FOR RESEARCH TO IMPROVE AND ENHANCE HEALTH EQUITY. THE OFFICE SHALL ALSO
PROMOTE HEALTH EQUITY RESEARCH IN UNIVERSITIES AND COLLEGES.
  4. TOGETHER WITH THE HEALTH EQUITY COUNCIL, SERVE AS LIAISON AND ADVO-
CATE FOR THE DEPARTMENT ON HEALTH EQUITY MATTERS.  THIS  FUNCTION  SHALL
INCLUDE  THE PROVISION OF STAFF SUPPORT TO THE HEALTH EQUITY COUNCIL AND
THE ESTABLISHMENT OF APPROPRIATE PROGRAM LINKAGES WITH RELATED  FEDERAL,
STATE,  AND  LOCAL  AGENCIES AND PROGRAMS SUCH AS THE OFFICE OF MINORITY
HEALTH OF THE PUBLIC HEALTH SERVICE, THE AGRICULTURAL EXTENSION SERVICE,
AND MIGRANT HEALTH SERVICES.
  5.  ASSIST MEDICAL SCHOOLS AND STATE AGENCIES TO DEVELOP COMPREHENSIVE
PROGRAMS TO IMPROVE THE DIVERSITY OF  THE  HEALTH  PERSONNEL  SUPPLY  BY
PROMOTING HEALTH EQUITY CLINICAL TRAINING AND CURRICULUM IMPROVEMENT AND
DISSEMINATING  HEALTH  CAREER  INFORMATION  TO  HIGH  SCHOOL AND COLLEGE
STUDENTS.
  6. PROMOTE COMMUNITY STRATEGIC PLANNING TO ADDRESS THE COMPLEX  CAUSES
OF  HEALTH  DISPARITIES, INCLUDING THE SOCIAL DETERMINANTS OF HEALTH AND
HEALTH CARE DELIVERY SYSTEMS AND NETWORKS, IN ORDER  TO  IMPROVE  HEALTH
EQUITY.  STRATEGIC  NETWORK  PLANNING  AND  DEVELOPMENT MAY INCLUDE SUCH
CONSIDERATIONS AS HEALTHFUL FOODS, QUALITY  HOUSING,  ECONOMIC  OPPORTU-
NITY,  SOCIAL  RELATIONSHIPS,  TRANSPORTATION, AND EDUCATION, AS WELL AS
HEALTH CARE SYSTEMS, INCLUDING ASSOCIATED PERSONNEL, CAPITAL FACILITIES,

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REIMBURSEMENT, PRIMARY CARE, LONG-TERM CARE, ACUTE CARE, REHABILITATIVE,
AND RELATED SERVICES ON THE HEALTH CONTINUUM.
  7.  REVIEW THE IMPACT OF PROGRAMS, REGULATIONS, AND POLICIES ON HEALTH
EQUITY.
  S 4.  Section 242 of the public health law, as added by chapter 757 of
the laws of 1992 and as renumbered by chapter 443 of the laws  of  1993,
is amended to read as follows:
  S  242.  Preparation and distribution of reports. The department shall
submit a biennial report to the governor and the legislature  describing
the  activities  of  the  office  and  health status of [minority areas]
VULNERABLE POPULATIONS. The first such report shall be transmitted on or
before September first, nineteen hundred ninety-four. Such report  shall
contain the following information:
  1.  Activities of the office of [minority] health EQUITY, expenditures
incurred in carrying out such activities, and anticipated activities  to
be undertaken in the future.
  2. Progress in carrying out the functions and duties listed in section
two hundred [thirty-eight-a] FORTY-ONE of this article.
  3.  An analysis of the health status of [minority citizens] VULNERABLE
POPULATIONS, INCLUDING THOSE POPULATIONS WITHIN RACIALLY AND  ETHNICALLY
DIVERSE  AREAS,  and  the  status  of [minority] health delivery systems
SERVING THESE COMMUNITIES.  Such analysis shall be conducted in  cooper-
ation  with  the  [minority]  health EQUITY council and other interested
agencies.
  4. Any recommended improvements to programs  and/or  regulations  that
would  enhance  the  cost  effectiveness  of  the  office,  and programs
intended to meet the HEALTH AND health care needs of [minority citizens]
VULNERABLE POPULATIONS.
  S 5. Section 243 of the public health law, as added by chapter 757  of
the  laws  of 1992 and as renumbered by chapter 443 of the laws of 1993,
subdivision 3 as amended by section 55 of part A of chapter  58  of  the
laws of 2010, is amended to read as follows:
  S  243.  [Minority  health] HEALTH EQUITY council.   1. Appointment of
members. There shall be established in the office of  [minority]  health
EQUITY a [minority] health EQUITY council to consist of the commissioner
and fourteen members to be appointed by the governor with the advice and
consent of the senate.  Membership on the council shall be reflective of
the  diversity  of the state's population including, but not limited to,
the various [minority] VULNERABLE populations throughout the state.
  2. Terms of office; vacancies. a. The terms of office  of  members  of
the  [minority] health EQUITY council shall be six years. The members of
the council shall continue in office until the expiration of their terms
and until their  successors  are  appointed  and  have  qualified.  Such
appointments  shall be made by the governor, with the advice and consent
of the senate, within one year following the expiration of such terms.
  b. Vacancies shall be filled by appointment by the  governor  for  the
unexpired  terms  within  one year of the date upon which such vacancies
occur. Any vacancy existing on the effective date of paragraph c of this
subdivision shall be filled by  appointment  within  one  year  of  such
effective date.
  c.  In  making appointments to the council, the governor shall seek to
ensure that membership on the council  reflects  the  diversity  of  the
state's population including, but not limited to, the various [minority]
VULNERABLE populations throughout the state.
  3.  Meetings.  a.  The  [minority] health EQUITY council shall meet as
frequently as its business may require, and at least twice in each year.

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  b. The governor shall designate one  of  the  members  of  the  public
health and health planning council as its chair.
  4.  Compensation  and expenses. The members of the council shall serve
without compensation other than reimbursement of  actual  and  necessary
expenses.
  5.  Powers  and duties. The [minority] health EQUITY council shall, at
the request of the commissioner, consider any  matter  relating  to  the
preservation  and  improvement  of  [minority]  health  STATUS AMONG THE
STATE'S VULNERABLE POPULATIONS, and may advise the commissioner  [there-
on;  and  it may, from time to time, submit to the commissioner,] ON any
recommendations relating to the preservation and improvement of [minori-
ty] health EQUITY.
  S 6. This act shall take effect immediately.