S T A T E   O F   N E W   Y O R K
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                                  7528

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 23, 2013
                               ___________

Introduced  by M. of A. MORELLE, ROBINSON, LAVINE, COOK, RIVERA, HOOPER,
  MOYA, McDONALD -- Multi-Sponsored by -- M. of A. ABBATE, ARROYO, BREN-
  NAN, GABRYSZAK, GIBSON, MOSLEY, SWEENEY, WEISENBERG -- read  once  and
  referred to the Committee on Health

AN  ACT  to amend the social services law, in relation to establishing a
  health technology assessment committee within the  medical  assistance
  program; and to repeal section 365-d of such law relating to early and
  periodic  screening  diagnosis  and  treatment  outreach demonstration
  projects

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

  Section  1. Section 365-d of the social services law is REPEALED and a
new section 365-d is added to read as follows:
  S 365-D. HEALTH TECHNOLOGY ASSESSMENT  COMMITTEE.  1.  THE  DEPARTMENT
SHALL  CONVENE  A  HEALTH TECHNOLOGY ASSESSMENT COMMITTEE. THE COMMITTEE
SHALL, AT THE REQUEST OF  THE  COMMISSIONER,  PROVIDE  ADVICE  AND  MAKE
RECOMMENDATIONS  REGARDING COVERAGE OF HEALTH TECHNOLOGY FOR PURPOSES OF
THE MEDICAL ASSISTANCE PROGRAM.  THE  COMMISSIONER  SHALL  CONSULT  SUCH
COMMITTEE PRIOR TO ANY DETERMINATION TO EXCLUDE FROM COVERAGE ANY HEALTH
TECHNOLOGY  FROM  THE  MEDICAL  ASSISTANCE PROGRAM. FOR PURPOSES OF THIS
SECTION, "HEALTH TECHNOLOGY" MEANS MEDICAL DEVICES AND  SURGICAL  PROCE-
DURES  USED  IN  THE  PREVENTION, DIAGNOSIS AND TREATMENT OF DISEASE AND
OTHER MEDICAL CONDITIONS.
  2. (A) THE HEALTH TECHNOLOGY ASSESSMENT  COMMITTEE  SHALL  CONSIST  OF
THIRTEEN  MEMBERS,  WHO  SHALL  BE APPOINTED BY THE COMMISSIONER AND WHO
SHALL SERVE THREE YEAR TERMS; EXCEPT THAT FOR THE  INITIAL  APPOINTMENTS
TO  THE COMMITTEE, FIVE MEMBERS SHALL SERVE ONE YEAR TERMS, FIVE MEMBERS
SHALL SERVE TWO YEAR TERMS, AND THREE MEMBERS  SHALL  SERVE  THREE  YEAR
TERMS. COMMITTEE MEMBERS MAY BE REAPPOINTED UPON THE COMPLETION OF THEIR
TERMS. WITH THE EXCEPTION OF THE CHAIRPERSON, NO MEMBER OF THE COMMITTEE
SHALL  BE  AN  EMPLOYEE OF THE STATE OR ANY POLITICAL SUBDIVISION OF THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09403-02-3
              

A. 7528                             2

STATE, OTHER THAN FOR HIS OR HER MEMBERSHIP ON THE COMMITTEE, EXCEPT FOR
EMPLOYEES OF HEALTH CARE FACILITIES  OR  UNIVERSITIES  OPERATED  BY  THE
STATE, A PUBLIC BENEFIT CORPORATION, THE STATE UNIVERSITY OF NEW YORK OR
MUNICIPALITIES.
  (B) THE MEMBERSHIP OF SUCH COMMITTEE SHALL BE AS FOLLOWS:
  (I) SIX PERSONS LICENSED AND ACTIVELY ENGAGED IN THE PRACTICE OF MEDI-
CINE IN THIS STATE;
  (II) ONE PERSON LICENSED AND ACTIVELY ENGAGED IN THE PRACTICE OF NURS-
ING  AS  A  NURSE  PRACTITIONER, OR IN THE PRACTICE OF MIDWIFERY IN THIS
STATE;
  (III) ONE PERSON WHO IS A REPRESENTATIVE OF  A  HEALTH  TECHNOLOGY  OR
MEDICAL  DEVICE  ORGANIZATION  WITH  A  REGIONAL,  STATEWIDE OR NATIONAL
CONSTITUENCY AND WHO IS A HEALTH CARE PROFESSIONAL LICENSED UNDER  TITLE
EIGHT OF THE EDUCATION LAW;
  (IV)  ONE PERSON WITH EXPERTISE IN HEALTH TECHNOLOGY ASSESSMENT WHO IS
A HEALTH CARE PROFESSIONAL LICENSED UNDER TITLE EIGHT OF  THE  EDUCATION
LAW;
  (V)  THREE PERSONS WHO SHALL BE CONSUMERS OR REPRESENTATIVES OF ORGAN-
IZATIONS WITH A REGIONAL OR STATEWIDE CONSTITUENCY  AND  WHO  HAVE  BEEN
INVOLVED IN ACTIVITIES RELATED TO HEALTH CARE CONSUMER ADVOCACY; AND
  (VI) A MEMBER OF THE DEPARTMENT WHO SHALL ACT AS CHAIRPERSON AS DESIG-
NATED BY THE COMMISSIONER.
  3.  THE  HEALTH TECHNOLOGY ASSESSMENT COMMITTEE SHALL BE A PUBLIC BODY
UNDER ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW AND  SUBJECT  TO  ARTICLE
SIX  OF  THE  PUBLIC OFFICERS LAW. THE DEPARTMENT SHALL PROVIDE INTERNET
ACCESS TO ALL  MEETINGS  OF  SUCH  COMMITTEE  THROUGH  THE  DEPARTMENT'S
WEBSITE.
  4.  THE  MEMBERS  OF  THE HEALTH TECHNOLOGY ASSESSMENT COMMITTEE SHALL
RECEIVE NO COMPENSATION FOR THEIR SERVICES BUT SHALL BE  REIMBURSED  FOR
EXPENSES  ACTUALLY  AND NECESSARILY INCURRED IN THE PERFORMANCE OF THEIR
DUTIES. COMMITTEE MEMBERS SHALL BE DEEMED TO BE EMPLOYEES OF THE DEPART-
MENT FOR PURPOSES OF SECTION SEVENTEEN OF THE PUBLIC OFFICERS  LAW,  AND
SHALL  NOT  PARTICIPATE  IN  ANY MATTER FOR WHICH A CONFLICT OF INTEREST
EXISTS.
  5. THE HEALTH TECHNOLOGY ASSESSMENT COMMITTEE SHALL, AT THE REQUEST OF
THE COMMISSIONER, CONSIDER ANY  MATTER  RELATING  TO  HEALTH  TECHNOLOGY
ASSESSMENT.  THE COMMISSIONER SHALL PROVIDE THIRTY DAYS PUBLIC NOTICE ON
THE DEPARTMENT'S WEBSITE PRIOR TO ANY MEETING OF THE COMMITTEE TO DEVEL-
OP RECOMMENDATIONS CONCERNING HEALTH TECHNOLOGY COVERAGE DETERMINATIONS.
SUCH NOTICE SHALL INCLUDE A DESCRIPTION OF THE PROPOSED HEALTH TECHNOLO-
GY TO BE REVIEWED, THE CONDITIONS OR DISEASES  IMPACTED  BY  THE  HEALTH
TECHNOLOGY,  AND  THE  PROPOSALS TO BE CONSIDERED BY THE COMMITTEE.  THE
COMMITTEE SHALL ALLOW INTERESTED PARTIES  A  REASONABLE  OPPORTUNITY  TO
MAKE  AN  ORAL PRESENTATION TO THE COMMITTEE RELATED TO THE HEALTH TECH-
NOLOGY TO BE REVIEWED AND TO SUBMIT WRITTEN INFORMATION.  THE  COMMITTEE
SHALL CONSIDER ANY INFORMATION PROVIDED BY ANY INTERESTED PARTY, INCLUD-
ING,  BUT NOT LIMITED TO, HEALTH CARE PROVIDERS, HEALTH CARE FACILITIES,
PATIENTS, CONSUMERS AND MANUFACTURERS.
  6. THE COMMISSIONER SHALL PROVIDE NOTICE OF ANY  COVERAGE  RECOMMENDA-
TIONS DEVELOPED BY THE COMMITTEE BY MAKING SUCH INFORMATION AVAILABLE ON
THE DEPARTMENT'S WEBSITE. SUCH PUBLIC NOTICE SHALL INCLUDE: A SUMMARY OF
THE  DELIBERATIONS OF THE COMMITTEE; A SUMMARY OF THE POSITIONS OF THOSE
MAKING PUBLIC COMMENTS AT MEETINGS OF THE COMMITTEE; THE RESPONSE OF THE
COMMITTEE TO THOSE COMMENTS, IF ANY; THE CLINICAL  EVIDENCE  UPON  WHICH
THE COMMITTEE BASES ITS RECOMMENDATION; AND THE FINDINGS AND RECOMMENDA-
TIONS OF THE COMMITTEE.

A. 7528                             3

  7.  THE  COMMISSIONER  SHALL PROVIDE PUBLIC NOTICE ON THE DEPARTMENT'S
WEBSITE OF HIS OR HER FINAL DETERMINATION, INCLUDING: THE NATURE OF  THE
DETERMINATION;  AN ANALYSIS OF THE IMPACT OF THE COMMISSIONER'S DETERMI-
NATION ON STATE PUBLIC HEALTH PLAN POPULATIONS AND  PROVIDERS;  AND  THE
PROJECTED  FISCAL IMPACT TO THE STATE PUBLIC HEALTH PLAN PROGRAMS OF THE
COMMISSIONER'S DETERMINATION.  THE  COMMISSIONER'S  FINAL  DETERMINATION
SHALL  NOT  OCCUR  PRIOR  TO  THE  THIRTIETH DAY FROM THE POSTING OF THE
COMMITTEE'S RECOMMENDATIONS AND FINDINGS ON THE DEPARTMENT'S WEBSITE.
  8. THE RECOMMENDATIONS OF THE HEALTH TECHNOLOGY ASSESSMENT  COMMITTEE,
MADE  PURSUANT TO THIS SECTION, SHALL BE BASED ON CLINICAL EFFECTIVENESS
AND SAFETY. THE COMMITTEE SHALL TRIENNIALLY REVIEW PREVIOUS  RECOMMENDA-
TIONS  OF THE COMMITTEE AND PERMIT ORAL PRESENTATIONS AND THE SUBMISSION
OF NEW EVIDENCE AT SUCH TRIENNIAL REVIEW. SUCH REVIEW SHALL OCCUR PURSU-
ANT TO THE PROCEDURE ESTABLISHED IN SUBDIVISIONS FIVE AND  SIX  OF  THIS
SECTION.  THE COMMISSIONER MAY ALTER OR REVOKE HIS OR HER FINAL DETERMI-
NATION AFTER SUCH TRIENNIAL REVIEW PURSUANT TO THE PROCEDURE ESTABLISHED
IN SUBDIVISION SEVEN OF THIS SECTION.
  9. THE DEPARTMENT SHALL PROVIDE ADMINISTRATIVE SUPPORT TO THE  COMMIT-
TEE.
  S 2. This act shall take effect immediately.