The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    176
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. GOTTFRIED, DINOWITZ, PAULIN, AUBRY, COOK, GLICK,
   PERRY, ABINANTI, BARRON,  COLTON,  GALEF,  REYES,  FERNANDEZ,  SAYEGH,
   CRUZ,  RODRIGUEZ  -- Multi-Sponsored by -- M. of A. CARROLL, L. ROSEN-
   THAL, SOLAGES -- 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:
   § 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

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

                                                            LBD00081-01-1

 A. 176                              2
 
 related corporations and the allocation of available resources to hospi-
 tal purposes including the provision of free or reduced charge services.
   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.
   § 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-

 A. 176                              3
 
 er, that members of community advisory  boards  may  be  reimbursed  for
 necessary  expenses  [up  to and including twenty-five dollars] during a
 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.
   §  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.