NY State Senate Bill 2009-S8242

Archive: Last Bill Status - In Senate Committee Rules 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2010	referred to rules

2009-S8242 (ACTIVE) - Details

See Assembly Version of this Bill:: A9822
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Amd §2904, Pub Health L

2009-S8242 (ACTIVE) - Summary

Enacts the "healthcare rule-making reform act"; reconstitutes the state hospital review and planning council as the state health systems council; provides for the composition and certain duties thereof and for the expiration of terms of state hospital review and planning council members.

2009-S8242 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S8242

TITLE OF BILL:

An act
to amend the public health law, in relation to
reconstituting the state hospital review and planning council as the
state health systems council, providing for the composition and certain
duties thereof and for the expiration of terms of state hospital review
and planning council members

PURPOSE OR GENERAL IDEA OF BILL:

This bill restructures the membership of the State Hospital Review and
Planning Council to include greater representation for healthcare
consumers and healthcare professionals.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Enacts the "Healthcare rule-making reform act."

Section 2: Amends Public Health Law section 2904(a)to rename the State
Hospital Review and Planning Council as the "state health systems
council".
It expands the membership of the Council from 31 members to 39
members. Of the 31 members who are currently appointed by the

Governor upon the advice and consent of the Senate would continue to
be appointed by the Governor. Further, the additional eight new
members to be appointed by the Governor (under this bill), would be
upon recommendation of both Assembly and Senate legislative officials.

Of the 31 existing members to be appointed by the Governor, it must
include (A) no less than seven members who represent healthcare
providers, (B) no less than seven members who represent purchasers
and payers of healthcare services, including business, government
organizations, labor and other institutions, (C) no less than seven
members who represent labor organizations that represent healthcare
employees, and (D) no less than ten members from organizations with a
statewide constituency that represent healthcare consumers.

This bill should help to encourage more general public to comment on
matters before the Council.

Section 3: Provides for modifying the terms of the existing council
members and establishes the terms for the new members to be added.

Section 4: Mandates that on or after the effective date of the act,
any and all references to the State Hospital Review and Planning
Council in
law or regulation shall be deemed for all purposes to be references to
the State Health Systems Council.

Section 5 mandates that the act shall take effect on the 30th day
after it has become law.

JUSTIFICATION:

The current make-up of the State Hospital Review and Planning Council,
some argue, may not be accurately representative of the providers,
professionals and users of the vast healthcare system in New York.
The Council has enormous impact on the State's decision related to
the delivery of health care and keeping New York's health care
facilities up-to-date technologically, accessible and affordable to
all. Currently, the Council's decisions may not be being made with
the full benefit of the expertise and range of perspectives that
could be made available to this Council.

PRIOR LEGISLATIVE HISTORY:
New Legislation.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
The act shall take effect on the 30th day after it has
become law, except the amendments to paragraphs 1 and 2 of
subdivision (A) of section 2904 of the public health law shall take
effect on February 1, 2011, provided that the commissioner of health
is authorized to take the action necessary prior to the effective
date of the act to ensure its timely implementation.

2009-S8242 (ACTIVE) - Bill Text download pdf

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

                                  8242

                            I N  S E N A T E

                              June 17, 2010
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the public health law, in relation to reconstituting the
  state hospital review and planning council as the state health systems
  council, providing for the composition and certain duties thereof  and
  for  the  expiration  of  terms  of state hospital review and planning
  council members

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

  Section 1. This act shall be known and may be cited as the "healthcare
rule-making reform act".
  S  2.  The  section heading and subdivision (a) of section 2904 of the
public health law, the section heading as amended by chapter 470 of  the
laws  of  1976 and subdivision (a) as amended by chapter 383 of the laws
of 2003, are amended to read as follows:
  State [hospital review and planning] HEALTH SYSTEMS council.  (a)  (1)
There  is  hereby created within the department a state [hospital review
and planning] HEALTH SYSTEMS council comprised of  [thirty-one  persons]
THIRTY-NINE MEMBERS. THIRTY-ONE MEMBERS SHALL BE appointed by the gover-
nor  by and with the advice and consent of the senate, AND EIGHT MEMBERS
SHALL BE APPOINTED BY THE GOVERNOR AND UPON THE RECOMMENDATION OF LEGIS-
LATIVE OFFICIALS UNDER SUBPARAGRAPH (E) OF PARAGRAPH TWO OF THIS  SUBDI-
VISION. In making such appointments AND RECOMMENDATIONS the governor AND
LEGISLATIVE  OFFICIALS  shall consider recommendations from agencies and
organizations [primarily] concerned with  [hospital,  nursing  home  and
medical affairs] ENHANCING THE DELIVERY OF QUALITY AND ACCESSIBLE HEALTH
CARE SERVICES.
  (2)  The  council  shall  be  representative  of  the public including
persons having capacities identified with  consumers  of  [hospital  and
nursing  home services] HEALTH CARE SERVICES AND SHALL, EFFECTIVE FEBRU-
ARY FIRST, TWO THOUSAND ELEVEN, CONSIST OF:
  (A) NO LESS THAN SEVEN MEMBERS  APPOINTED  BY  THE  GOVERNOR  WHO  ARE
REPRESENTATIVE OF PROVIDERS OF HEALTH CARE SERVICES;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15009-02-9

S. 8242                             2

  (B)  NO  LESS  THAN  SEVEN  MEMBERS  APPOINTED BY THE GOVERNOR WHO ARE
REPRESENTATIVE OF PURCHASERS AND PAYERS OF HEALTH CARE SERVICES, INCLUD-
ING BUSINESS, GOVERNMENT ORGANIZATIONS,  LABOR  AND  OTHER  INSTITUTIONS
OTHER THAN THOSE DIRECTLY RELATED TO A PROVIDER OF HEALTH CARE SERVICES;
  (C)  NO  LESS  THAN  SEVEN  MEMBERS  APPOINTED BY THE GOVERNOR WHO ARE
REPRESENTATIVE OF LABOR ORGANIZATIONS REPRESENTING HEALTH  CARE  EMPLOY-
EES;
  (D)  NO LESS THAN TEN MEMBERS APPOINTED BY THE GOVERNOR WHO ARE REPRE-
SENTATIVE OF HEALTH CARE CONSUMER ADVOCACY ORGANIZATIONS  WHICH  HAVE  A
STATEWIDE OR REGIONAL CONSTITUENCY, AND WHO HAVE BEEN INVOLVED IN ACTIV-
ITIES  RELATED  TO  HEALTH  CARE  CONSUMER ADVOCACY, INCLUDING ISSUES OF
INTEREST TO LOW- AND MODERATE-INCOME INDIVIDUALS; AND
  (E) EIGHT MEMBERS APPOINTED BY THE GOVERNOR, THREE OF  WHOM  SHALL  BE
APPOINTED  UPON  THE  RECOMMENDATION  OF  THE TEMPORARY PRESIDENT OF THE
SENATE, ONE OF WHOM SHALL BE APPOINTED UPON THE  RECOMMENDATION  OF  THE
MINORITY LEADER OF THE SENATE, THREE OF WHOM SHALL BE APPOINTED UPON THE
RECOMMENDATION  OF THE SPEAKER OF THE ASSEMBLY, AND ONE OF WHOM SHALL BE
APPOINTED  UPON  THE  RECOMMENDATION  OF  THE  MINORITY  LEADER  OF  THE
ASSEMBLY. Membership on the council shall be reflective of the diversity
of  the  state's  population  including, but not limited to, the various
geographic areas and population  densities  throughout  the  state.  [At
least  six  members shall be persons engaged in hospital or nursing home
work at the policy making or administrative level. At least six  members
shall  be  duly  licensed physicians. On and after April first, nineteen
hundred seventy-three, at least one  member  of  the  council  shall  be
representative  of  home health agencies. On or after April first, nine-
teen hundred eighty-three, at least two members of the council shall  be
members  of  the  mental health services council.   No more than fifteen
members of the council shall be physicians, or persons engaged in  full-
time paid employment connected with hospitals or nursing homes. However,
a] A change in the status or employment of a member of the council shall
not require his or her resignation or a change in the composition of the
council  until further appointments are made. The members of the council
shall have fixed terms of three years [except that ten  of  the  initial
appointments  shall  be  for one year and ten shall be for two years and
except that the term of any member appointed as a member of  the  mental
health  services  council  shall terminate upon the expiration of his or
her term on the mental health services council]. No person  shall  be  a
member  of  the  council for more than six years in any period of twelve
consecutive years.  EACH VACANCY SHALL BE FILLED BY  AN  APPOINTMENT  OF
THE  GOVERNOR,  WITHIN THE SAME MANNER AND SAME CATEGORY OF THE ORIGINAL
APPOINTMENT, WITHIN ONE YEAR OF THE DATE UPON WHICH SUCH VACANCY OCCURS.
  (3) FOR THE PURPOSES OF  THIS  SECTION,  UNLESS  THE  CONTEXT  CLEARLY
REQUIRES OTHERWISE, "PROVIDER OF HEALTH CARE SERVICES" MEANS AN INDIVID-
UAL  WHO: IS A DIRECT PROVIDER OF HEALTH CARE (INCLUDING BUT NOT LIMITED
TO A HEALTH CARE PRACTITIONER LICENSED UNDER TITLE EIGHT OF  THE  EDUCA-
TION  LAW, OR ANCILLARY PERSONNEL EMPLOYED UNDER THE SUPERVISION OF SUCH
HEALTH  CARE  PRACTITIONER)  WHOSE  PRIMARY  CURRENT  ACTIVITY  IS   THE
PROVISION  OF  HEALTH  CARE OR THE ADMINISTRATION (INCLUDING TRUSTEES OR
MEMBERS OF BOARDS OF DIRECTORS) OF HEALTH CARE FACILITIES;  OR  HOLDS  A
FIDUCIARY  POSITION  WITH,  OR  HAS  A FIDUCIARY INTEREST IN, ANY ENTITY
WHICH HAS AS ITS PRIMARY  PURPOSE  THE  DELIVERY  OF  HEALTH  CARE,  THE
CONDUCT  OF RESEARCH INTO OR INSTRUCTION FOR HEALTH PROFESSIONALS IN THE
PROVISIONS OF HEALTH CARE, OR THE PRODUCTION OF OR SUPPLY  OF  DRUGS  OR
OTHER  ARTICLES  FOR INDIVIDUALS OR ENTITIES FOR USE IN THE PROVISION OF
HEALTH CARE; OR IS A  PROFESSIONAL  EMPLOYEE  OF  A  HEALTH  PROFESSIONS

S. 8242                             3

SCHOOL;  OR IS THE SPOUSE OR DOMESTIC PARTNER OF AN INDIVIDUAL DESCRIBED
IN THIS PARAGRAPH.
  (4) The council shall:
  (A) meet at least four times in each full calendar year[. Each vacancy
shall be filled by an appointment of the governor within one year of the
date upon which such vacancy occurs];
  (B)  ESTABLISH  SUCH  COMMITTEES  OF  THE FULL COUNCIL AS NECESSARY TO
FULFILL ITS OBLIGATIONS, PROVIDED THAT NOT LESS THAN TWENTY-FIVE PERCENT
OF THE MEMBERS OF EACH COMMITTEE SHALL BE REPRESENTATIVE OF HEALTH  CARE
CONSUMER  ADVOCACY ORGANIZATIONS UNDER SUBPARAGRAPH (D) OF PARAGRAPH TWO
OF THIS SUBDIVISION;
  (C) AFFORD MEMBERS OF THE GENERAL  PUBLIC  THE  OPPORTUNITY  TO  OFFER
COMMENT  ON  MATTERS  BEFORE  THE COUNCIL, INCLUDING ORAL COMMENT DURING
COMMITTEE CONSIDERATION OF SUCH MATTERS  IN  A  MANNER  WHICH  DOES  NOT
IMPEDE  THE  SPONTANEOUS  AND  FREE  FLOW  OF DIALOGUE BETWEEN COMMITTEE
MEMBERS AND MEMBERS OF THE PUBLIC; AND
  (D) ADOPT  BYLAWS  GOVERNING  MEETINGS  OF  THE  COUNCIL  WHICH  SHALL
INCLUDE, BUT NOT BE LIMITED TO, A CODE OF ETHICS AND CONFLICTS OF INTER-
EST  WHICH  SHALL PRECLUDE A MEMBER FROM VOTING ON A MATTER IN WHICH THE
MEMBER HAS ANY INTEREST, FINANCIAL OR OTHERWISE, DIRECT OR INDIRECT.
  S 3. Notwithstanding any inconsistent provision of law, the  terms  of
members  of  the  state hospital review and planning council established
pursuant to section 2904 of the public health law as amended by  section
two  of  this act, and as constituted on the effective date of this act,
shall expire on January 31, 2011.  Members appointed to the state health
systems council for terms effective February 1, 2011 pursuant  to  para-
graph  2 of subdivision (a) of section 2904 of the public health law, as
amended by section two of this act, shall be appointed to initial  terms
as  follows:  for members appointed pursuant to subparagraph (A) of such
paragraph, two shall be appointed for a term of one year, two  shall  be
appointed  for  a  term of two years, and three shall be appointed for a
term of three years; for members appointed pursuant to subparagraph  (B)
of  such  paragraph,  two shall be appointed for a term of one year, two
shall be appointed for a term of two years, and three shall be appointed
for a term of three years; for members appointed  pursuant  to  subpara-
graph  (C)  of  such paragraph, two shall be appointed for a term of one
year, two shall be appointed for a term of two years and three shall  be
appointed  for  a term of three years; for members appointed pursuant to
subparagraph (D) of such paragraph, three shall be appointed  for  terms
of  one  year, four shall be appointed for terms of two years, and three
shall be appointed for terms  of  three  years;  and  members  appointed
pursuant  to  subparagraph  (E) of such paragraph shall be appointed for
terms of three years.
  S 4. On and after the effective date of this act, any and  all  refer-
ences,  direct  or  indirect,  to the state hospital review and planning
council contained anywhere in law or regulation shall be deemed for  all
purposes to be references to the state health systems council.
  S  5.  This  act shall take effect on the thirtieth day after it shall
have become a law, except that the amendments to paragraphs 1 and  2  of
subdivision  (a) of section 2904 of the public health law, as designated
by section two of this act, shall take effect February 1, 2011, provided
however that the commissioner of  health  is  authorized  to  take  such
action as is necessary prior to the effective date of this act to ensure
its timely implementation.

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Senate Bill S8242

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

2009-S8242 (ACTIVE) - Details

2009-S8242 (ACTIVE) - Summary

2009-S8242 (ACTIVE) - Sponsor Memo

2009-S8242 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8242

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Sponsored By

Jeffrey D. Klein

Archive: Last Bill Status - In Senate Committee Rules Committee

2009-S8242 (ACTIVE) - Details

2009-S8242 (ACTIVE) - Summary

2009-S8242 (ACTIVE) - Sponsor Memo

2009-S8242 (ACTIVE) - Bill Text download pdf

Comments