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

                                   333

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sens.  BRESLIN, DILAN, DUANE, HASSELL-THOMPSON, KRUEGER,
  ONORATO, PARKER, SAMPSON, SMITH, STAVISKY -- read  twice  and  ordered
  printed, and when printed to be committed to the Committee on Finance

AN ACT to create a health care financing commission

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

  Section 1. Legislative findings.  The  legislature  hereby  finds  and
declares  there  is  a  crisis  in health care access, affordability and
choice in New York state. Health care financing through insurance compa-
nies has failed to  control  the  costs,  increase  access  or  preserve
choice.  Many  clinics, physicians' practices and emergency departments,
especially in rural areas, are closing or operating at a  loss.  Employ-
ers,  faced with fewer choices and more expensive premiums, are reducing
health coverage offered to employees. The legislature further finds that
simplifying health care financing and eliminating  administrative  waste
inherent  in  multiple  insurance plans can create sufficient savings to
extend health care insurance  to  many  New  York  state  residents  and
enhance fairness in the system.
  The  legislature  finds  that  the creation of a health care financing
commission will help create a unified health care financing system  that
will: (a) provide fair, simple and accountable health care financing for
all  New  York  state  residents;  (b) define a comprehensive package of
effective and necessary personal health services; (c) allow health  care
insurance  to  be  independent  from employment; (d) provide a system of
multiple insurers; (e) generate savings  sufficient  to  provide  health
insurance to all New York state residents; (f) integrate current public-
ly  sponsored  health  programs  into  the unified health care financing
system; (g) preserve the choice  of  providers;  (h)  protect  patient's
rights;  (i)  keep  clinical decisions in the hands of professionals and
patients, rather than administrative personnel; (j) promote health  care

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

                                                           LBD03569-01-9

S. 333                              2

quality;  and  (k)  develop  effective,  nonintrusive methods to control
health care costs.
  S  2.  New York health care financing commission; created. 1. There is
hereby created the New York health care financing commission.
  2. Definitions. As used in this act:
  a. "Commission" means the New York health  care  financing  commission
created by this section.
  b.  "Health care provider" or "provider" means any health care facili-
ty, or health practitioner or group practice licensed or certified under
state law to provide health or health-related services in the state.
  c. "Long term care"  means  and  includes  institutional,  residential
outpatient or community based services that meet the individual needs of
persons  of  all  ages who are limited in their functional capacities or
have disabilities and require assistance with  performing  two  or  more
activities of daily living for an extended or indefinite period of time.
These  services  shall  include, but not be limited to, case management,
protective supervision, in-home care, nursing  services,  and  convales-
cent,  custodial,  chronic,  and  terminal care provided in a variety of
settings.
  d. "Preventive care" means medically necessary health services  deliv-
ered  by  licensed or certified health care providers for the purpose of
promoting health and preventing disease.
  e. "Resident" means an individual  who  presents  evidence  of  estab-
lished, permanent residency in the state; and shall include individuals,
with  accompanying  family  members, who are living in the state for the
purpose of engaging in employment for more than one month,  and  do  not
enter the state for the primary purpose of obtaining health services.
  3.  a. The commission shall consist of fifteen members to be appointed
as follows: one shall be the commissioner of health; one  shall  be  the
superintendent  of  insurance; three shall be appointed by the governor;
three to be appointed by the temporary president of the senate; three to
be appointed by the speaker of the assembly; two to be appointed by  the
minority  leader  of the senate; and two to be appointed by the minority
leader of the assembly. The members of the commission shall be  selected
for  their  expertise in health care financing and delivery and shall be
representative of business, labor  and  the  health  professions.    The
commissioner of health shall serve as chairperson of the commission. The
thirteen appointed members of the commission shall serve at the pleasure
of  the  appointing  official.   Vacancies shall be filled in the manner
provided for original appointments.
  b. The commission shall meet at least four times in each year.
  c. The members of the commission shall  receive  no  compensation  for
their  services  but  shall be reimbursed for their actual and necessary
expenses incurred by them in the performance of their duties.
  d. Notwithstanding any inconsistent provision of any general,  special
or  local  law,  ordinance, resolution or charter, no officer, member or
employee of the state or of any public corporation shall forfeit his  or
her  office or employment by reason of his or her acceptance of appoint-
ment as a member of the commission, nor shall service as such commission
member be deemed incompatible or in conflict with such office or employ-
ment.
  e. The commission shall appoint such staff  as  may  be  necessary  to
carry out its duties.
  S  3.  Powers  and duties of the commission. The commission shall have
the following powers and duties:

S. 333                              3

  1. To create a detailed proposal for a unified  financing  system  for
health services for all residents through a plan that emphasizes compre-
hensive  health  care, including preventive, long-term and mental health
care, quality of care, choice of provider, and cost control;
  2.  To  complete  a report, including a study of economic feasibility,
within two years of the effective date of this act;
  3. To employ town hall meetings, the media, and such other methods  of
engaging  citizens in discussions about health care financing issues and
choices;
  4. To demonstrate the economic feasibility of  the  proposal  compared
with  continuation of the current situation, taking into account effects
on individuals,  workers,  businesses,  the  viability  of  health  care
providers'  practices  and  institutions  and the overall economy of the
state;
  5. To devise  a  mechanism  for  financing  health  services  that  is
adequate,  efficient,  fair and consistent with federal laws.  The funds
should be dedicated to health care and kept separate  from  the  state's
general fund;
  6. To submit a proposal to the legislature within thirty months of the
effective date of this act which proposal shall be sufficiently detailed
to enable appropriate legislation and proposed legislation for implemen-
tation of the commission's proposals; and
  7. To request and obtain from any state or local officer or agency any
information  necessary to the commission for the exercise of its respon-
sibilities and duties.
  S 4. Conflict with federal requirements. If any part of  this  act  is
found  to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state, the conflict-
ing part of this act is inoperative solely to the extent of the conflict
and with respect to the agencies directly  affected,  and  this  finding
does not affect the operation of the remainder of this act in its appli-
cation  to the agencies concerned. Any rules adopted under this act must
meet federal requirements that are a necessary condition to the  receipt
of federal funds by the state.
  S 5. This act shall take effect immediately.