S T A T E   O F   N E W   Y O R K
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                                  6227

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 18, 2015
                               ___________

Introduced  by M. of A. MORELLE, ROBINSON, LAVINE, COOK, RIVERA, HOOPER,
  MOYA, McDONALD, ROBERTS, LUPARDO,  BROOK-KRASNY,  ROSENTHAL,  GUNTHER,
  MAGNARELLI  -- Multi-Sponsored by -- M. of A. ABBATE, ARROYO, BRENNAN,
  GALEF, MAGEE, MOSLEY -- read once and referred  to  the  Committee  on
  Health

AN  ACT  to amend the social services law, in relation to establishing a
  health technology assessment committee within the  medical  assistance
  program; and to repeal section 365-d of such law relating to early and
  periodic  screening  diagnosis  and  treatment  outreach demonstration
  projects

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

  Section  1. Section 365-d of the social services law is REPEALED and a
new section 365-d is added to read as follows:
  S 365-D. HEALTH TECHNOLOGY ASSESSMENT  COMMITTEE.  1.  THE  DEPARTMENT
SHALL  CONVENE  A  HEALTH TECHNOLOGY ASSESSMENT COMMITTEE. THE COMMITTEE
SHALL, AT THE REQUEST OF  THE  COMMISSIONER,  PROVIDE  ADVICE  AND  MAKE
RECOMMENDATIONS  REGARDING COVERAGE OF HEALTH TECHNOLOGY FOR PURPOSES OF
THE MEDICAL ASSISTANCE PROGRAM.  THE  COMMISSIONER  SHALL  CONSULT  SUCH
COMMITTEE PRIOR TO ANY DETERMINATION TO EXCLUDE FROM COVERAGE ANY HEALTH
TECHNOLOGY  FROM  THE  MEDICAL  ASSISTANCE PROGRAM. FOR PURPOSES OF THIS
SECTION, "HEALTH TECHNOLOGY" MEANS MEDICAL DEVICES AND  SURGICAL  PROCE-
DURES  USED  IN  THE  PREVENTION, DIAGNOSIS AND TREATMENT OF DISEASE AND
OTHER MEDICAL CONDITIONS.
  2. (A) THE HEALTH TECHNOLOGY ASSESSMENT  COMMITTEE  SHALL  CONSIST  OF
THIRTEEN  MEMBERS, SEVEN OF WHOM SHALL BE APPOINTED BY THE COMMISSIONER,
THREE MEMBERS SHALL BE APPOINTED  BY  THE  TEMPORARY  PRESIDENT  OF  THE
SENATE,  AND  THREE  MEMBERS  SHALL  BE  APPOINTED BY THE SPEAKER OF THE
ASSEMBLY. MEMBERS SHALL SERVE THREE YEAR  TERMS;  EXCEPT  THAT  FOR  THE
INITIAL  APPOINTMENTS  TO  THE COMMITTEE, THREE MEMBERS APPOINTED BY THE
COMMISSIONER, AND ONE OF THE MEMBERS APPOINTED BY THE  TEMPORARY  PRESI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04020-02-5
              

A. 6227                             2

DENT  OF  THE SENATE AND BY THE SPEAKER OF THE ASSEMBLY, SHALL SERVE ONE
YEAR TERMS, THREE MEMBERS APPOINTED BY THE COMMISSIONER, AND ONE OF  THE
MEMBERS  APPOINTED  BY  THE TEMPORARY PRESIDENT OF THE SENATE AND BY THE
SPEAKER  OF  THE ASSEMBLY, SHALL SERVE TWO YEAR TERMS; AND THE REMAINING
THREE MEMBERS SHALL SERVE THREE YEAR TERMS.  COMMITTEE  MEMBERS  MAY  BE
REAPPOINTED  UPON  THE  COMPLETION OF THEIR TERMS. WITH THE EXCEPTION OF
THE CHAIRPERSON, NO MEMBER OF THE COMMITTEE SHALL BE AN EMPLOYEE OF  THE
STATE  OR  ANY POLITICAL SUBDIVISION OF THE STATE, OTHER THAN FOR HIS OR
HER MEMBERSHIP ON THE COMMITTEE, EXCEPT FOR  EMPLOYEES  OF  HEALTH  CARE
FACILITIES  OR  UNIVERSITIES  OPERATED  BY  THE  STATE, A PUBLIC BENEFIT
CORPORATION, THE STATE UNIVERSITY OF NEW YORK OR MUNICIPALITIES.
  (B) THE MEMBERSHIP OF SUCH COMMITTEE SHALL BE AS FOLLOWS:
  (I) THREE PERSONS LICENSED AND ACTIVELY ENGAGED  IN  THE  PRACTICE  OF
MEDICINE IN THIS STATE;
  (II) ONE PERSON LICENSED AND ACTIVELY ENGAGED IN THE PRACTICE OF NURS-
ING  AS  A  NURSE  PRACTITIONER, OR IN THE PRACTICE OF MIDWIFERY IN THIS
STATE;
  (III) ONE PERSON WHO IS A REPRESENTATIVE OF  A  HEALTH  TECHNOLOGY  OR
MEDICAL  DEVICE  ORGANIZATION  WITH  A  REGIONAL,  STATEWIDE OR NATIONAL
CONSTITUENCY;
  (IV) ONE PERSON WITH EXPERTISE IN HEALTH TECHNOLOGY ASSESSMENT WHO  IS
A  HEALTH  CARE PROFESSIONAL LICENSED UNDER TITLE EIGHT OF THE EDUCATION
LAW;
  (V) THREE PERSONS WHO SHALL BE CONSUMERS OR REPRESENTATIVES OF  ORGAN-
IZATIONS  WITH  A  REGIONAL  OR STATEWIDE CONSTITUENCY AND WHO HAVE BEEN
INVOLVED IN ACTIVITIES RELATED TO HEALTH CARE CONSUMER ADVOCACY;
  (VI) ONE PERSON WHO IS A REPRESENTATIVE  OF  A  HOSPITAL  ORGANIZATION
WITH A REGIONAL, NATIONAL OR STATEWIDE CONSTITUENCY;
  (VII)  ONE  PERSON  WHO  IS  A REPRESENTATIVE OF A HEALTH INSURANCE OR
MANAGED CARE ORGANIZATION WITH A REGIONAL, NATIONAL OR STATEWIDE CONSTI-
TUENCY;
  (VIII) ONE PERSON WHO IS A HEALTH ECONOMIST; AND
  (IX) A MEMBER OF THE DEPARTMENT WHO SHALL ACT AS CHAIRPERSON AS DESIG-
NATED BY THE COMMISSIONER.
  (C) THE COMMITTEE MAY INVITE AND CONSULT WITH SCIENTIFIC, TECHNICAL OR
CLINICAL EXPERTS WITH DEMONSTRATABLE  EXPERIENCE  OR  KNOWLEDGE  OF  THE
TECHNOLOGY UNDER REVIEW.
  3.  THE  HEALTH TECHNOLOGY ASSESSMENT COMMITTEE SHALL BE A PUBLIC BODY
UNDER ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW AND  SUBJECT  TO  ARTICLE
SIX  OF  THE  PUBLIC OFFICERS LAW. THE DEPARTMENT SHALL PROVIDE INTERNET
ACCESS TO ALL  MEETINGS  OF  SUCH  COMMITTEE  THROUGH  THE  DEPARTMENT'S
WEBSITE.
  4.  THE  MEMBERS  OF  THE HEALTH TECHNOLOGY ASSESSMENT COMMITTEE SHALL
RECEIVE NO COMPENSATION FOR THEIR SERVICES BUT SHALL BE  REIMBURSED  FOR
EXPENSES  ACTUALLY  AND NECESSARILY INCURRED IN THE PERFORMANCE OF THEIR
DUTIES. COMMITTEE MEMBERS SHALL BE DEEMED TO BE EMPLOYEES OF THE DEPART-
MENT FOR PURPOSES OF SECTION SEVENTEEN OF THE PUBLIC OFFICERS  LAW,  AND
SHALL  NOT  PARTICIPATE  IN  ANY MATTER FOR WHICH A CONFLICT OF INTEREST
EXISTS.
  5. THE HEALTH TECHNOLOGY ASSESSMENT COMMITTEE SHALL, AT THE REQUEST OF
THE COMMISSIONER, CONSIDER ANY  MATTER  RELATING  TO  HEALTH  TECHNOLOGY
ASSESSMENT.    THE  COMMISSIONER  SHALL PROVIDE MEMBERS OF THE COMMITTEE
WITH ANY EVIDENCE  OR  INFORMATION  RELATED  TO  THE  HEALTH  TECHNOLOGY
ASSESSMENT  INCLUDING,  BUT  NOT  LIMITED  TO,  INFORMATION SUBMITTED BY
MEMBERS OF THE PUBLIC.  THE COMMISSIONER SHALL PROVIDE SIXTY DAYS PUBLIC
NOTICE ON THE DEPARTMENT'S WEBSITE PRIOR TO ANY MEETING OF THE COMMITTEE

A. 6227                             3

TO DEVELOP RECOMMENDATIONS CONCERNING HEALTH TECHNOLOGY COVERAGE  DETER-
MINATIONS.  SUCH  NOTICE  SHALL  INCLUDE  A  DESCRIPTION OF THE PROPOSED
HEALTH TECHNOLOGY TO BE REVIEWED, THE CONDITIONS OR DISEASES IMPACTED BY
THE  HEALTH TECHNOLOGY, THE PROPOSALS TO BE CONSIDERED BY THE COMMITTEE,
AND THE SYSTEMATIC EVIDENCE-BASED ASSESSMENT PREPARED IN ACCORDANCE WITH
THIS SUBDIVISION.   THE  COMMITTEE  SHALL  ALLOW  INTERESTED  PARTIES  A
REASONABLE  OPPORTUNITY  TO  MAKE  AN ORAL PRESENTATION TO THE COMMITTEE
RELATED TO THE HEALTH TECHNOLOGY TO BE REVIEWED AND  TO  SUBMIT  WRITTEN
INFORMATION.  THE  COMMITTEE  SHALL CONSIDER ANY INFORMATION PROVIDED BY
ANY INTERESTED PARTY, INCLUDING, BUT NOT LIMITED TO, HEALTH CARE PROVID-
ERS, HEALTH CARE FACILITIES, PATIENTS, CONSUMERS AND MANUFACTURERS.  FOR
ALL HEALTH TECHNOLOGIES SELECTED  FOR  REVIEW,  THE  COMMISSIONER  SHALL
CONDUCT  A  SYSTEMATIC EVIDENCE-BASED ASSESSMENT OF THE HEALTH TECHNOLO-
GY'S SAFETY AND CLINICAL EFFICACY. THE ASSESSMENT SHALL USE  ESTABLISHED
SYSTEMATIC  REVIEW  ELEMENTS,  SUCH AS A PICO (POPULATION, INTERVENTION,
COMPARATOR AND OUTCOMES) STATEMENT, KEY QUESTIONS,  PRESPECIFIED  INCLU-
SION  AND EXCLUSION CRITERIA, STUDY QUALITY ASSESSMENT, AND DATA SYNTHE-
SIS. UPON COMPLETION, THE SYSTEMATIC, EVIDENCE-BASED ASSESSMENT SHALL BE
MADE AVAILABLE TO THE PUBLIC.
  6. THE COMMISSIONER SHALL PROVIDE NOTICE OF ANY  COVERAGE  RECOMMENDA-
TIONS DEVELOPED BY THE COMMITTEE BY MAKING SUCH INFORMATION AVAILABLE ON
THE DEPARTMENT'S WEBSITE. SUCH PUBLIC NOTICE SHALL INCLUDE: A SUMMARY OF
THE  DELIBERATIONS OF THE COMMITTEE; A SUMMARY OF THE POSITIONS OF THOSE
MAKING PUBLIC COMMENTS AT MEETINGS OF THE COMMITTEE AND ANY  SAFETY  AND
HEALTH  OUTCOMES DATA SUBMITTED BY ANY INTERESTED PARTY; THE RESPONSE OF
THE COMMITTEE TO THOSE COMMENTS, IF  ANY;  THE  CLINICAL  EVIDENCE  UPON
WHICH  THE  COMMITTEE  BASES  ITS  RECOMMENDATIONS; AND THE FINDINGS AND
RECOMMENDATIONS  OF  THE  COMMITTEE  INCLUDING  A  FINAL  EVIDENCE-BASED
SYSTEMATIC ASSESSMENT.
  7.  THE  COMMISSIONER  SHALL PROVIDE PUBLIC NOTICE ON THE DEPARTMENT'S
WEBSITE OF HIS OR HER FINAL DETERMINATION, INCLUDING: THE NATURE OF  THE
DETERMINATION;  AN ANALYSIS OF THE IMPACT OF THE COMMISSIONER'S DETERMI-
NATION ON STATE PUBLIC HEALTH PLAN POPULATIONS AND  PROVIDERS;  AND  THE
PROJECTED  FISCAL IMPACT TO THE STATE PUBLIC HEALTH PLAN PROGRAMS OF THE
COMMISSIONER'S DETERMINATION.  THE  COMMISSIONER'S  FINAL  DETERMINATION
SHALL  NOT  OCCUR  PRIOR  TO  THE  THIRTIETH DAY FROM THE POSTING OF THE
COMMITTEE'S RECOMMENDATIONS AND FINDINGS ON THE DEPARTMENT'S WEBSITE.
  8. THE RECOMMENDATIONS OF THE HEALTH TECHNOLOGY ASSESSMENT  COMMITTEE,
MADE  PURSUANT  TO  THIS  SECTION,  SHALL  BE  BASED  ON A REVIEW OF THE
EVIDENCE PRESENTED TO THE COMMITTEE, INCLUDING  CLINICAL  EFFECTIVENESS,
PATIENT  OUTCOMES,  IMPACT  ON  AT RISK AND UNDERSERVED POPULATIONS, AND
SAFETY. THE COMMITTEE SHALL TRIENNIALLY REVIEW PREVIOUS  RECOMMENDATIONS
OF THE COMMITTEE AND PERMIT ORAL PRESENTATIONS AND THE SUBMISSION OF NEW
EVIDENCE  AT  SUCH TRIENNIAL REVIEW. SUCH REVIEW SHALL OCCUR PURSUANT TO
THE PROCEDURE ESTABLISHED IN SUBDIVISIONS FIVE AND SIX OF THIS  SECTION.
THE  COMMISSIONER  MAY  ALTER  OR  REVOKE HIS OR HER FINAL DETERMINATION
AFTER SUCH TRIENNIAL REVIEW PURSUANT TO  THE  PROCEDURE  ESTABLISHED  IN
SUBDIVISION SEVEN OF THIS SECTION.
  9.  THE DEPARTMENT SHALL PROVIDE ADMINISTRATIVE SUPPORT TO THE COMMIT-
TEE.
  S 2. This act shall take effect immediately.