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.