S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9764
 
                           I N  A S S E M B L Y
 
                               April 1, 2022
                                ___________
 
 Introduced  by  M.  of A. DE LOS SANTOS -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in  relation  to  redefining  the
   duties  and  renaming  the  office of minority health to the office of
   health equity and renaming the minority health council to  the  health
   equity council

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The title heading of title 2-F of article 2 of  the  public
 health  law,  as  added by chapter 757 of the laws of 1992 and as relet-
 tered by chapter 443 of the laws of 1993, is amended to read as follows:
 
                    OFFICE OF [MINORITY] HEALTH EQUITY
   § 2. Section 240 of the public health law, as added by chapter 757  of
 the  laws  of 1992 and as renumbered by chapter 443 of the laws of 1993,
 is amended to read as follows:
    § 240. Definitions. For the purposes of this article:
   1. "UNDERSERVED POPULATIONS" SHALL MEAN  THOSE  WHO  HAVE  EXPERIENCED
 INJUSTICES AND DISADVANTAGES AS A RESULT OF THEIR RACE, ETHNICITY, SEXU-
 AL  ORIENTATION,  GENDER IDENTITY, GENDER EXPRESSION, DISABILITY STATUS,
 AGE, IMMIGRATION STATUS, AND/OR SOCIOECONOMIC STATUS,  AMONG  OTHERS  AS
 DETERMINED BY THE COMMISSIONER OF HEALTH.
   2.  "[Minority]  RACIALLY  AND  ETHNICALLY  DIVERSE area" shall mean a
 county with a non-white population of forty  percent  or  more,  or  the
 service area of an agency, corporation, facility or individual providing
 medical  and/or  health  services  whose  non-white  population is forty
 percent or more.
   [2.  "Minority  health  care  provider"  or  "minority  provider"]  3.
 "PROVIDER"  shall  mean any agency, corporation, facility, or individual
 providing medical and/or health care services to [residents of a minori-
 ty area] UNDERSERVED POPULATIONS.
   [3.] 4. "Office" shall mean the office of [minority] health EQUITY, as
 created pursuant to section two hundred  [thirty-eight-a]  FORTY-ONE  of
 this [article] TITLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15205-01-2
 A. 9764                             2
 
   [4.]  5.  "[Minority  health]  HEALTH  EQUITY council" shall mean that
 advisory body to the commissioner, created pursuant to the provisions of
 section two  hundred  [thirty-eight-c]  FORTY-THREE  of  this  [article]
 TITLE.
   6.  "HEALTH  DISPARITIES"  SHALL MEAN MEASURABLE DIFFERENCES IN HEALTH
 STATUS, ACCESS TO CARE, AND QUALITY  OF  CARE  AS  DETERMINED  BY  RACE,
 ETHNICITY,  SEXUAL  ORIENTATION,  GENDER  IDENTITY, A PREFERRED LANGUAGE
 OTHER THAN ENGLISH, GENDER EXPRESSION, DISABILITY  STATUS,  AGING  POPU-
 LATION, IMMIGRATION STATUS, AND SOCIOECONOMIC STATUS.
   7.  "HEALTH  EQUITY"  SHALL MEAN ACHIEVING THE HIGHEST LEVEL OF HEALTH
 FOR ALL PEOPLE AND SHALL ENTAIL FOCUSED  EFFORTS  TO  ADDRESS  AVOIDABLE
 INEQUALITIES  BY  EQUALIZING  THOSE CONDITIONS FOR HEALTH FOR THOSE THAT
 HAVE EXPERIENCED INJUSTICES, SOCIOECONOMIC DISADVANTAGES,  AND  SYSTEMIC
 DISADVANTAGES.
   8.   "SOCIAL   DETERMINANTS   OF  HEALTH"  SHALL  MEAN  LIFE-ENHANCING
 RESOURCES, SUCH AS AVAILABILITY OF  HEALTHFUL  FOODS,  QUALITY  HOUSING,
 ECONOMIC  OPPORTUNITY,  SOCIAL RELATIONSHIPS, TRANSPORTATION, EDUCATION,
 AND HEALTH  CARE,  WHOSE  DISTRIBUTION  ACROSS  POPULATIONS  EFFECTIVELY
 DETERMINES THE LENGTH AND QUALITY OF LIFE.
   §  3. Section 241 of the public health law, as added by chapter 757 of
 the laws of 1992 and as renumbered by chapter 443 of the laws  of  1993,
 is amended to read as follows:
   §  241.  Office  of  [minority] health EQUITY created. There is hereby
 created an office of [minority] health EQUITY within the  state  depart-
 ment of health. Such office shall:
   1.  WORK COLLABORATIVELY WITH OTHER STATE AGENCIES AND AFFECTED STAKE-
 HOLDERS,  INCLUDING  PROVIDERS  AND REPRESENTATIVES OF UNDERSERVED POPU-
 LATIONS, IN ORDER TO SET PRIORITIES, COLLECT AND DISSEMINATE  DATA,  AND
 ALIGN  RESOURCES  WITHIN THE DEPARTMENT AND ACROSS OTHER STATE AGENCIES.
 THE OFFICE SHALL ALSO CONDUCT HEALTH PROMOTION AND EDUCATIONAL OUTREACH,
 AS WELL AS DEVELOP AND IMPLEMENT INTERVENTIONS AIMED AT ACHIEVING HEALTH
 EQUITY AMONG  UNDERSERVED  POPULATIONS  BY  IMPLEMENTING  STRATEGIES  TO
 ADDRESS  THE VARYING COMPLEX CAUSES OF HEALTH DISPARITIES, INCLUDING THE
 ECONOMIC, PHYSICAL, AND SOCIAL ENVIRONMENTS.
   2. Integrate and coordinate selected state health care grant and  loan
 programs  established specifically for [minority] PROMOTING health [care
 providers and residents] EQUITY IN NEW YORK STATE. As part of this func-
 tion, the office shall develop a coordinated application process for use
 by [minority] providers, municipalities  and  others  in  seeking  funds
 and/or technical assistance on pertinent [minority health care] programs
 and  services  TARGETED TO ADDRESS HEALTH EQUITY AMONG UNDERSERVED POPU-
 LATIONS.
   [2.] 3. Apply for grants, and accept gifts  from  private  and  public
 sources  for  research  to  improve  and enhance [minority] health [care
 services and facilities] EQUITY.  The office shall also promote [minori-
 ty] health EQUITY research in universities and colleges.
   [3.] 4. Together with the [minority] health EQUITY council,  serve  as
 liaison  and  advocate  for  the  department on [minority] health EQUITY
 matters. This function shall include the provision of staff  support  to
 the  [minority] health EQUITY council and the establishment of appropri-
 ate program linkages with related federal, state, and local agencies and
 programs such as the office of [minority] health EQUITY  of  the  public
 health  service,  the  agricultural extension service and migrant health
 services.
   [4.] 5. Assist medical schools and state agencies to  develop  compre-
 hensive programs to improve [minority] THE DIVERSITY OF health personnel
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 [supply] WORKFORCE by promoting [minority] HEALTH EQUITY clinical train-
 ing  and  curriculum  improvement,  and  disseminating [minority] health
 career information to high school and college students.
   [5.]  6.  Promote  community  strategic  planning  [or new or improved
 health care delivery systems and networks in minority areas] TO  ADDRESS
 THE  COMPLEX CAUSES OF HEALTH DISPARITIES, INCLUDING THE SOCIAL DETERMI-
 NANTS OF HEALTH AND HEALTH CARE DELIVERY SYSTEMS AND NETWORKS, IN  ORDER
 TO IMPROVE HEALTH EQUITY. Strategic network planning and development may
 include such considerations as HEALTHFUL FOODS, QUALITY HOUSING, ECONOM-
 IC  OPPORTUNITY, SOCIAL RELATIONSHIPS, TRANSPORTATION, AND EDUCATION, AS
 WELL AS HEALTH CARE SYSTEMS,  INCLUDING  ASSOCIATED  personnel,  capital
 facilities,  reimbursement,  primary  care,  long-term care, acute care,
 rehabilitative, preventive, and related services on the  health  contin-
 uum.
   [6.]  7.  Review the impact of programs, regulations, and [health care
 reimbursement] policies on  [minority]  health  [services  delivery  and
 access] EQUITY.
   §  4. Section 242 of the public health law, as added by chapter 757 of
 the laws of 1992 and as renumbered by chapter 443 of the laws  of  1993,
 is amended to read as follows:
   §  242.  Preparation and distribution of reports. The department shall
 submit a biennial report to the governor and the legislature  describing
 the  activities  of  the office and health status of minority areas. The
 first such report shall be transmitted on  or  before  September  first,
 nineteen  hundred  ninety-four.  Such report shall contain the following
 information:
   1. Activities of the office of [minority] health EQUITY,  expenditures
 incurred  in carrying out such activities, and anticipated activities to
 be undertaken in the future.
   2. Progress in carrying out the functions and duties listed in section
 two hundred [thirty-eight-a] FORTY-ONE of this [article] TITLE.
   3. An analysis of the health status of [minority citizens] UNDERSERVED
 POPULATIONS, INCLUDING THOSE POPULATIONS WITHIN RACIALLY AND  ETHNICALLY
 DIVERSE  AREAS,  and  the  status  of [minority] health delivery systems
 SERVING THOSE COMMUNITIES.  Such analysis shall be conducted in  cooper-
 ation  with  the  [minority]  health EQUITY council and other interested
 agencies.
   4. Any recommended improvements to programs  and/or  regulations  that
 would  enhance  the  cost  effectiveness  of  the  office,  and programs
 intended to meet the HEALTH AND health care needs of [minority citizens]
 UNDERSERVED POPULATIONS.
   § 5. Section 243 of the public health law, as added by chapter 757  of
 the  laws  of 1992 and as renumbered by chapter 443 of the laws of 1993,
 subdivision 3 as amended by section 55 of part A of chapter  58  of  the
 laws of 2010, is amended to read as follows:
   §  243.  [Minority  health]  HEALTH  EQUITY council. 1. Appointment of
 members. There shall be established in the office of  [minority]  health
 EQUITY a [minority] health EQUITY council to consist of the commissioner
 and fourteen members to be appointed by the governor with the advice and
 consent of the senate.  Membership on the council shall be reflective of
 the  diversity  of the state's population including, but not limited to,
 the various [minority] UNDERSERVED populations throughout the state.
   2. Terms of office; vacancies. a. [The] UNLESS SPECIFIED OTHERWISE  IN
 THE  BYLAWS OF THE HEALTH EQUITY COUNCIL, THE terms of office of members
 of the [minority] health EQUITY council [shall] MAY be UP TO six  years.
 The  members of the HEALTH EQUITY council shall continue in office until
 A. 9764                             4
 
 the expiration of their terms and until their successors  are  appointed
 and  have  qualified.  Such  appointments shall be made by the governor,
 with the advice and consent of the senate, within one year following the
 expiration of such terms.
   b.  Vacancies  shall  be filled by appointment by the governor for the
 unexpired terms within one year of the date upon  which  such  vacancies
 occur. Any vacancy existing on the effective date of paragraph c of this
 subdivision  shall  be  filled  by  appointment  within one year of such
 effective date.
   c. In making appointments to the council, the governor shall  seek  to
 ensure  that  membership  on  the  council reflects the diversity of the
 state's population including, but not limited to the various  [minority]
 UNDERSERVED populations throughout the state.
   3.  Meetings.  a.  The  [minority] health EQUITY council shall meet as
 frequently as its business may require, and at least twice in each year.
   b. The governor shall designate one  of  the  members  of  the  public
 health and health planning council as its chair.
   C.  A MAJORITY OF THE APPOINTED VOTING MEMBERSHIP OF THE HEALTH EQUITY
 COUNCIL SHALL CONSTITUTE A QUORUM.
   4. Compensation and expenses. The members of the council  shall  serve
 without  compensation  other  than reimbursement of actual and necessary
 expenses.
   5. Powers and duties. The [minority] health EQUITY council  shall,  at
 the  request  of  the  commissioner, consider any matter relating to the
 preservation and improvement  of  [minority]  health  STATUS  AMONG  THE
 STATE'S UNDERSERVED POPULATIONS, and may advise the commissioner [there-
 on;  and  it may, from time to time, submit to the commissioner,] ON any
 recommendations relating to the preservation and improvement of [minori-
 ty] health EQUITY.
   § 6. This act shall take effect immediately.