NY State Senate Bill 2021-S8381B

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 01, 2022	referred to corporations, authorities and commissions delivered to assembly passed senate ordered to third reading cal.1776 committee discharged and committed to rules
May 11, 2022	print number 8381b
May 11, 2022	amend and recommit to corporations, authorities and commissions
Feb 28, 2022	print number 8381a
Feb 28, 2022	amend and recommit to corporations, authorities and commissions
Feb 18, 2022	referred to corporations, authorities and commissions

Votes

- Jun 1, 2022 - Floor Vote
  S8381B
  
  48
  
  Aye
  
  15
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 1, 2022
      
      aye (48)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (15)
      
      Akshar
      
      Borrello
      
      Boyle
      
      Griffo
      
      Helming
      
      Jordan
      
      Lanza
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rath III
      
      Stec
      
      Tedisco
      
      Weik

Bill Amendments

Original

B (Active)

2021-S8381 - Details

See Assembly Version of this Bill:: A9474
Current Committee:: Assembly Corporations, Authorities And Commissions
Law Section:: Public Authorities Law
Laws Affected:: Amd §3402, Pub Auth L
Versions Introduced in 2023-2024 Legislative Session:: S415

2021-S8381 - Summary

Relates to the membership on the Nassau health care corporation board; provides that the board of directors shall select the chair and the chief executive officer.

2021-S8381 - Sponsor Memo

                                 
BILL NUMBER: S8381

SPONSOR: THOMAS
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to membership on
the Nassau health care corporation board

 
PURPOSE GENERAL IDEA OF BILL:

Adds seats on the Nassau health care corporation board to ensure the
Governor and state legislatures can sufficiently manage and oversee
funds invested into Nassau University Medical Center.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends paragraph (b) of subdivision 1 of section
3402 of the public authorities law to increase the board of directors
from fifteen voting directors to twenty-one voting directors. The twen-
ty-one voting directors appointed as follows: 10 appointed by the Gover-
nor with 8 appointed at the recommendation of the state and local offi-
cials; 2 appointed by the Temporary president of the Senate; 2 appointed

by the Speaker of the Assembly; 3 appointed by the County Executive; and
4 appointed by the county legislature.

Section 2 of the bill amends paragraph (a) of subdivision 2 of section
3402 of the public authorities law to specify that the governor shall
designate one of the twenty-one voting directors as the chairperson of
the board.

Section 3 states the effective date.

 
JUSTIFICATION:

Nassau Health Care Corporation is a public benefit corporation created
under the public authorities law. Nassau Health Care Corporation
(NuHealth) operates Nassau University Medical Center (NUMC) and the A.
Holly Patterson Extended Care Facility. NUMC is the primary source of
medical care for millions of Nassau County residents and is Long
Island's only public "safety net" hospital. Despite being a crucial
resource that serves hundreds of thousands of patients annually, the
hospital and NuHealth are better known for being staffed by patronage
positions and mishandling funds and federal grant money.

Before the COVID-19 pandemic, NUMC was in financial straits. The hospi-
tal's fiscal crisis quickly worsened due to COVID-19. Former chair,
Robert Detor, stated multiple times that NUMC could not continue oper-
ations without major reductions to services, including shutting down the
emergency room, staff cutbacks and the sale of the A. Holly Patterson to
stay afloat.

Due to the federal relief funds from the pandemic, NuHealth and NUMC
found itself the recipients of over $211 million of funds. These funds
included $121 million from the CARES Act, $26 million in advanced Medi-
care reimbursement funds, about $34 million from a state Medicaid
program, DSRIP, and another $30 million of cash on hand to run the
place. Regardless of this influx of funds, Detor stated that the fiscal
reality for NUMC had not changed.

Despite its troubled history, it is critical to the health and safety of
Long Islanders that NUMC be fully solvent and operational. To that end,
Governor Hochul publicly committed to allocating state resources to
correct the failures that have plagued NUMC in the past.  Additionally,
Governor Hochul's proposed FY 2023 budget included significant amounts
of money for investment in the state's healthcare systems, including
NUMC.

The increased commitment of government funds and resources to address
NUMC's fiscal situation requires greater state oversight of the NuHealth
board of directors. This bill increases state representation on the
NuHealth board to prevent future mismanagement of funds and grant money
and to bring greater stability to the board of directors.  This added
oversight and management will help NUMC plan a fresh path forward.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S8381 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8381
 
                             I N  S E N A T E
 
                             February 18, 2022
                                ___________
 
 Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 AN ACT to amend the public authorities law, in relation to membership on
   the Nassau health care corporation board
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (b) of subdivision  1  of  section  3402  of  the
 public  authorities  law,  as added by chapter 9 of the laws of 1997, is
 amended to read as follows:
   (b) The corporation shall be governed by [fifteen]  TWENTY-ONE  voting
 directors,  [eight]  TEN of whom shall be appointed by the governor WITH
 EIGHT APPOINTED as provided in paragraph (c) of this subdivision, TWO OF
 WHOM SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, TWO OF
 WHOM SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY,  three  of  whom
 shall  be  appointed  by  the  county executive for initial terms of two
 years, and four of whom shall be appointed by the county legislature for
 initial terms of three years.
   § 2. Paragraph (a) of subdivision 2 of  section  3402  of  the  public
 authorities  law,  as added by chapter 9 of the laws of 1997, is amended
 to read as follows:
   (a) The  [county  executive]  GOVERNOR  shall  designate  one  of  the
 [fifteen]  TWENTY-ONE  voting directors as the chairperson of the board.
 The chairperson shall preside over all meetings of the board  and  shall
 have such other duties as the voting directors may direct.
   § 3. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14728-02-2

co-Sponsors

2021-S8381A - Details

See Assembly Version of this Bill:: A9474
Current Committee:: Assembly Corporations, Authorities And Commissions
Law Section:: Public Authorities Law
Laws Affected:: Amd §3402, Pub Auth L
Versions Introduced in 2023-2024 Legislative Session:: S415

2021-S8381A - Summary

Relates to the membership on the Nassau health care corporation board; provides that the board of directors shall select the chair and the chief executive officer.

2021-S8381A - Sponsor Memo

                                 
BILL NUMBER: S8381A      REVISED 03/02/2022

SPONSOR: THOMAS
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to membership on
the Nassau health care corporation board

 
PURPOSE GENERAL IDEA OF BILL:

Adds seats on the Nassau health care corporation board to ensure the
Governor and state legislatures can sufficiently manage and oversee
funds invested into Nassau University Medical Center.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends paragraph (b) of subdivision 1 of section
3402 of the public authorities law to increase the board of directors
from fifteen voting directors to twenty-one voting directors. The twen-
ty-one voting directors appointed as follows: 10 appointed by the Gover-
nor with 8 appointed at the recommendation of the state and local offi-
cials; 2 appointed by the Temporary president of the Senate; 2 appointed

by the Speaker of the Assembly; 3 appointed by the County Executive; and
4 appointed by the county legislature.

Section 2 of the bill amends paragraph (a) of subdivision 2 of section
3402 of the public authorities law to specify that the governor shall
designate one of the twenty-one voting directors as the chairperson of
the board.

Section 3 of the bill amends subdivision 4 of section 3402 of the public
authorities to specify that the governor shall approve the chief execu-
tive officer selected by the board of directors.

Section 4 states the effective date.

 
JUSTIFICATION:

Nassau Health Care Corporation is a public benefit corporation created
under the public authorities law. Nassau Health Care Corporation
(NuHealth) operates Nassau University Medical Center (NUMC) and the A.
Holly Patterson Extended Care Facility. NUMC is the primary source of
medical care for millions of Nassau County residents and is Long
Island's only public "safety net" hospital. Despite being a crucial
resource that serves hundreds of thousands of patients annually, the
hospital and NuHealth are better known for being staffed by patronage
positions and mishandling funds and federal grant money.

Before the COVID-19 pandemic, NUMC was in financial straits. The hospi-
tal's fiscal crisis quickly worsened due to COVID-19. The former chair
stated multiple times that NUMC could not continue operations without
major reductions to services, including staff cutbacks and the sale of
the A. Holly Patterson Extended Care facility to stay afloat.

Due to the federal relief funds from the pandemic, NuHealth and NUMC
found itself the recipients of over $211 million of funds. These funds
included $121 million from the CARES Act, $26 million in advanced Medi-
care reimbursement funds, about $34 million from a state Medicaid
program, DSRIP, and another $30 million of cash on hand to run the
place. Regardless of this influx of funds, the former chair stated that
the fiscal reality for NUMC had not changed.

Despite its troubled history, it is critical to the health and safety of
Long Islanders that NUMC be fully solvent and operational. To that end,
Governor Hochul publicly committed to allocating state resources to
correct the failures that have plagued NUMC in the past.  Additionally,
Governor Hochul's proposed FY 2023 budget included significant amounts
of money for investment in the state's healthcare systems, including
NUMC.

The increased commitment of government funds and resources to address
NUMC's fiscal situation requires greater state oversight of the NuHealth
board of directors. On top of the funding already committed by the
federal government, NUMC is expecting $25 million in pandemic relief
reimbursement from the Federal Emergency Management Agency (FEMA),
according to Senator Chuck Schumer. More funding from the state is also
very likely as the newly formed New York Safety Net Hospital Coalition
lobbies for increased financial support and Medicaid reimbursement
reform.

As the state addresses health inequities and underfunding of safety net
hospitals, like NUMC, it is crucial that there be increased state repre-
sentation on the NuHealth board to prevent future mismanagement of these
funds and grant money and to bring greater stability to the board of
directors. This added oversight and management will help NUMC plan a
fresh path forward.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S8381A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8381--A
 
                             I N  S E N A T E
 
                             February 18, 2022
                                ___________
 
 Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and   Commissions  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the public authorities law, in relation to membership on
   the Nassau health care corporation board

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (b)  of  subdivision  1 of section 3402 of the
 public authorities law, as added by chapter 9 of the laws  of  1997,  is
 amended to read as follows:
   (b)  The  corporation shall be governed by [fifteen] TWENTY-ONE voting
 directors, [eight] TEN of whom shall be appointed by the  governor  WITH
 EIGHT APPOINTED as provided in paragraph (c) of this subdivision, TWO OF
 WHOM SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, TWO OF
 WHOM  SHALL  BE  APPOINTED BY THE SPEAKER OF THE ASSEMBLY, three of whom
 shall be appointed by the county executive  for  initial  terms  of  two
 years, and four of whom shall be appointed by the county legislature for
 initial terms of three years.
   §  2.  Paragraph  (a)  of  subdivision 2 of section 3402 of the public
 authorities law, as added by chapter 9 of the laws of 1997,  is  amended
 to read as follows:
   (a)  The  [county  executive]  GOVERNOR  shall  designate  one  of the
 [fifteen] TWENTY-ONE voting directors as the chairperson of  the  board.
 The  chairperson  shall preside over all meetings of the board and shall
 have such other duties as the voting directors may direct.
   § 3. Subdivision 4 of section 3402 of the public authorities  law,  as
 added by chapter 9 of the laws of 1997, is amended to read as follows:
   4.  The  board  of  directors shall select the chief executive officer
 subject to the approval of the [county  executive]  GOVERNOR  and  shall
 determine  the salary and benefits of the chief executive officer of the
 corporation.  The chief executive officer shall serve at the pleasure of
 the board of directors provided, however,  that  removal  without  cause
 shall  not prejudice the contract rights, if any, of the chief executive
 officer.
   § 4. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14728-03-2

co-Sponsors

2021-S8381B (ACTIVE) - Details

See Assembly Version of this Bill:: A9474
Current Committee:: Assembly Corporations, Authorities And Commissions
Law Section:: Public Authorities Law
Laws Affected:: Amd §3402, Pub Auth L
Versions Introduced in 2023-2024 Legislative Session:: S415

2021-S8381B (ACTIVE) - Summary

Relates to the membership on the Nassau health care corporation board; provides that the board of directors shall select the chair and the chief executive officer.

2021-S8381B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8381B

SPONSOR: THOMAS
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to membership on
the Nassau health care corporation board

 
PURPOSE GENERAL IDEA OF BILL:

Adds experience requirements for voting directors on the Nassau health
care corporation board to ensure the hospital can sufficiently manage
and oversee funds invested into Nassau University Medical Center.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends paragraph (b) of subdivision 1 of section
3402 of the public authorities law to require all voting directors
appointed to the board have experience and knowledge in relevant fields
and a high degree of interest in the corporation.

Section 2 of the bill amends paragraph (a) of subdivision 2 of section

3402 of the public authorities law to specify that the board of direc-
tors shall by majority vote designate one of the fifteen voting direc-
tors as the chairperson of the board.

Section 3 of the bill amends subdivision 4 of section 3402 of the public
authorities to specify that the board of directors shall select the
chief executive officer without the approval of the county executive.

Section 4 states the effective date.

 
JUSTIFICATION:

Nassau Health Care Corporation is a public benefit corporation created
under the public authorities law. Nassau Health Care Corporation
(NuHealth) operates Nassau University Medical Center (NUMC) and the A.
Holly Patterson Extended Care Facility. NUMC is the primary source of
medical care for millions of Nassau County residents and is Long
Island's only public "safety net" hospital. Despite being a crucial
resource that serves hundreds of thousands of patients annually, the
hospital and NuHealth are better known for being staffed by patronage
positions and mishandling funds and federal grant money.

Before the COVID-19 pandemic, NUMC was in financial straits. The hospi-
tal's fiscal crisis quickly worsened due to COVID-19. The former chair
stated multiple times that NUMC could not continue operations without
major reductions to services, including staff cutbacks and the sale of
the A. Holly Patterson Extended Care facility to stay afloat.

Due to the federal relief funds from the pandemic, NuHealth and NUMC
found itself the recipients of over $211 million of funds. These funds
included $121 million from the CARES Act, $26 million in advanced Medi-
care reimbursement funds, about $34 million from a state Medicaid
program, DSRIP, and another $30 million of cash on hand to run the
place. Regardless of this influx of funds, the former chair stated that
the fiscal reality for NUMC had not changed.


Despite its troubled history, it is critical to the health and safety of
Long Islanders that NUMC be fully solvent and operational. To that end,
Governor Hochul publicly committed to allocating state resources to
correct the failures that have plagued NUMC in the past.  Additionally,
Governor Hochul's proposed FY 2023 budget included significant amounts
of money for investment in the state's healthcare systems, including
NUMC.

The increased commitment of government funds and resources to address
NUMC's fiscal situation requires greater state oversight of the NuHealth
board of directors. On top of the funding already committed by the
federal government, NUMC is expecting $25 million in pandemic relief
reimbursement from the Federal Emergency Management Agency (FEMA),
according to Senator Chuck Schumer. More funding from the state is also
very likely as the newly formed New York Safety Net Hospital Coalition
lobbies for increased financial support and Medicaid reimbursement
reform.

As the state addresses health inequities and underfunding of safety net
hospitals, like NUMC, it is crucial that there be increased state repre-
sentation on the NuHealth board to prevent future mismanagement of these
funds and grant money and to bring greater stability to the board of
directors. This added oversight and management will help NUMC plan a
fresh path forward.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S8381B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8381--B
 
                             I N  S E N A T E
 
                             February 18, 2022
                                ___________
 
 Introduced  by  Sens. THOMAS, KRUEGER -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Corporations,
   Authorities  and  Commissions  --  committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee

 AN ACT to amend the public authorities law, in relation to membership on
   the Nassau health care corporation board
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (b)  of  subdivision  1 of section 3402 of the
 public authorities law, as added by chapter 9 of the laws  of  1997,  is
 amended and a new paragraph (b-1) is added to read as follows:
   (b)  The  corporation  shall  be  governed  by  A  BOARD OF DIRECTORS,
 CONSISTING OF fifteen voting directors, eight of whom shall be appointed
 by the governor as provided in paragraph (c) of this subdivision,  three
 of  whom shall be appointed by the county executive for initial terms of
 two years, and four of whom shall be appointed by the county legislature
 for initial terms of three years.
   (B-1) EACH VOTING DIRECTOR SHOULD POSSESS A HIGH DEGREE OF  EXPERIENCE
 AND  KNOWLEDGE  IN  RELEVANT FIELDS AND A HIGH DEGREE OF INTEREST IN THE
 CORPORATION. THE APPOINTMENT OF ANY VOTING DIRECTOR TO  THE  CORPORATION
 SHALL BE BASED IN PART ON THE OBJECTIVE OF ENSURING THAT THE CORPORATION
 INCLUDES  DIVERSE AND BENEFICIAL PERSPECTIVES AND EXPERIENCE, INCLUDING,
 BUT NOT LIMITED TO, THOSE OF BUSINESS MANAGEMENT, LAW, FINANCE,  MEDICAL
 AND/OR  OTHER  HEALTH  PROFESSIONALS,  HEALTH  SECTOR WORKERS,   AND THE
 PATIENT OR CONSUMER PERSPECTIVE.
   § 2. Paragraph (a) of subdivision 2 of  section  3402  of  the  public
 authorities  law,  as added by chapter 9 of the laws of 1997, is amended
 to read as follows:
   (a) The [county executive] BOARD OF DIRECTORS shall BY  MAJORITY  VOTE
 designate  one of the fifteen voting directors as the chairperson of the
 board. The chairperson shall preside over all meetings of the board  and
 shall have such other duties as the voting directors may direct.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14728-07-2
 S. 8381--B                          2
 
   §  3.  Subdivision 4 of section 3402 of the public authorities law, as
 added by chapter 9 of the laws of 1997, is amended to read as follows:
   4.  The  board  of  directors shall select the chief executive officer
 [subject to the approval of the county executive]  and  shall  determine
 the  salary  and  benefits  of the chief executive officer of the corpo-
 ration.  The chief executive officer shall serve at the pleasure of  the
 board  of  directors provided, however, that removal without cause shall
 not prejudice the contract rights, if any, of the chief executive  offi-
 cer.
   §  4. This act shall take effect immediately, provided that nothing in
 this act shall be construed to prohibit an individual from completing  a
 term  for which the person was appointed, prior to the effective date of
 this section.

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Senate Bill S8381B

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Jun 1, 2022 - Floor Vote

Floor Vote: Jun 1, 2022

Bill Amendments

2021-S8381 - Details

2021-S8381 - Summary

2021-S8381 - Sponsor Memo

2021-S8381 - Bill Text download pdf

co-Sponsors

2021-S8381A - Details

2021-S8381A - Summary

2021-S8381A - Sponsor Memo

2021-S8381A - Bill Text download pdf

co-Sponsors

2021-S8381B (ACTIVE) - Details

2021-S8381B (ACTIVE) - Summary

2021-S8381B (ACTIVE) - Sponsor Memo

2021-S8381B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8381B

Share this bill

Sponsored By

Kevin Thomas

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2021-S8381 - Details

2021-S8381 - Summary

2021-S8381 - Sponsor Memo

2021-S8381 - Bill Text download pdf

co-Sponsors

Liz Krueger

2021-S8381A - Details

2021-S8381A - Summary

2021-S8381A - Sponsor Memo

2021-S8381A - Bill Text download pdf

co-Sponsors

Liz Krueger

2021-S8381B (ACTIVE) - Details

2021-S8381B (ACTIVE) - Summary

2021-S8381B (ACTIVE) - Sponsor Memo

2021-S8381B (ACTIVE) - Bill Text download pdf

Comments