S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    444
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  HOYLMAN,  SEPULVEDA,  SKOUFIS  --  read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Health
 
 AN  ACT  to amend the public health law and the New York city health and
   hospitals corporation act, in relation to hospital community  advisory
   boards
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2803-l of the public  health  law,  as  amended  by
 chapter 639 of the laws of 1996, is amended to read as follows:
   §  2803-l.  Community  service plans AND COMMUNITY ADVISORY BOARDS. 1.
 The governing body of a  [voluntary  non-profit]  general  hospital,  IN
 COOPERATION  WITH  THE  HOSPITAL'S  COMMUNITY ADVISORY BOARD ESTABLISHED
 UNDER THIS SECTION, must issue an organizational mission statement iden-
 tifying at a minimum the  populations  and  communities  served  by  the
 hospital  and the hospital's commitment to meeting the health care needs
 of the community.
   2. The governing body, IN COOPERATION WITH  THE  HOSPITAL'S  COMMUNITY
 ADVISORY  BOARD ESTABLISHED UNDER THIS SECTION must at least every three
 years:
   (i) review and amend as necessary the hospital mission statement;
   (ii) solicit the views of the communities served by  the  hospital  on
 such issues as the hospital's performance and service priorities;
   (iii)  demonstrate the hospital's operational and financial commitment
 to meeting community health care needs, to provide charity care services
 and to improve access to health care services by the underserved; and
   (iv) prepare and make available to the public a statement showing on a
 combined basis a summary of the financial resources of the hospital  and
 related corporations and the allocation of available resources to hospi-
 tal purposes including the provision of free or reduced charge services.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00081-01-1

 S. 444                              2
 
   3.  The  governing  body, IN COOPERATION WITH THE HOSPITAL'S COMMUNITY
 ADVISORY BOARD, must at least annually prepare and make available to the
 public an implementation report regarding the hospital's performance  in
 meeting  the  health care needs of the community, providing charity care
 services,  and  improving  access  to health care services by the under-
 served.
   4.  The governing body shall file with the  commissioner  its  mission
 statement,  its  annual  implementation report, and at least every three
 years a report detailing amendments  to  the  statement  and  reflecting
 changes  in the hospital's operational and financial commitment to meet-
 ing the health care needs  of  the  community,  providing  charity  care
 services,  and  improving  access  to health care services by the under-
 served.  EACH OF THESE DOCUMENTS SHALL BE MADE AVAILABLE TO  THE  PUBLIC
 BY THE HOSPITAL ON ITS WEBSITE AND BY THE DEPARTMENT ON ITS WEBSITE.
   5.  (I)  EVERY  GENERAL  HOSPITAL SHALL ESTABLISH A COMMUNITY ADVISORY
 BOARD TO CONSIDER AND ADVISE THE HOSPITAL UPON  MATTERS  CONCERNING  THE
 DEVELOPMENT  OF ANY PLANS OR PROGRAMS OF THE HOSPITAL, AND MAY ESTABLISH
 RULES AND REGULATIONS WITH RESPECT TO THE COMMUNITY ADVISORY BOARD.
   (II) THE MEMBERS OF THE COMMUNITY ADVISORY BOARD  SHALL  BE  REPRESEN-
 TATIVES OF THE COMMUNITY SERVED BY THE HOSPITAL. THE HOSPITAL SHALL FILE
 WITH  THE COMMISSIONER, AND FROM TIME TO TIME UPDATE, AN UP-TO-DATE LIST
 OF THE MEMBERS OF THE HOSPITAL'S COMMUNITY ADVISORY BOARD,  WHICH  SHALL
 BE MADE AVAILABLE TO THE PUBLIC BY THE HOSPITAL ON ITS WEBSITE AND SHALL
 BE MADE AVAILABLE TO THE PUBLIC BY THE DEPARTMENT ON ITS WEBSITE.
   (III)  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION  OF LAW, GENERAL,
 SPECIAL OR LOCAL, NO OFFICER OR EMPLOYEE OF THE STATE OR  OF  ANY  CIVIL
 DIVISION THEREOF, SHALL BE DEEMED TO HAVE FORFEITED OR SHALL FORFEIT HIS
 OFFICE  OR  EMPLOYMENT  BY REASON OF HIS ACCEPTANCE OF MEMBERSHIP ON THE
 COMMUNITY ADVISORY BOARD. NO MEMBER  OF  THE  COMMUNITY  ADVISORY  BOARD
 SHALL  RECEIVE  COMPENSATION  OR  ALLOWANCE FOR SERVICES RENDERED ON THE
 COMMUNITY ADVISORY BOARD, EXCEPT, HOWEVER,  THAT  MEMBERS  OF  COMMUNITY
 ADVISORY BOARDS MAY BE REIMBURSED BY THE HOSPITAL FOR NECESSARY EXPENSES
 INCURRED IN RELATION TO SERVICE ON THE COMMUNITY ADVISORY BOARD.
   §  2.  Subdivision 11 of section 4 of section 1 of chapter 1016 of the
 laws of 1969, enacting the New York city  health  and  hospitals  corpo-
 ration act, as amended by chapter 116 of the laws of 1978, is amended to
 read as follows:
   11. (I) The corporation shall establish a community advisory board for
 each  of  its  hospitals  to consider and advise the corporation and the
 hospital upon  matters  concerning  the  development  of  any  plans  or
 programs  of  the  corporation,  and may establish rules and regulations
 with respect to such boards.
   (II) The members of such advisory boards shall be  representatives  of
 the  community  served  by the hospital. THE CORPORATION SHALL FILE WITH
 THE COMMISSIONER, AND FROM TIME TO TIME UPDATE, AN  UP-TO-DATE  LIST  OF
 THE  MEMBERS OF EACH HOSPITAL'S COMMUNITY ADVISORY BOARD, WHICH SHALL BE
 MADE AVAILABLE TO THE PUBLIC BY THE HOSPITAL ON ITS WEBSITE AND  BY  THE
 DEPARTMENT OF HEALTH ON ITS WEBSITE.
   (III)  Notwithstanding  any  inconsistent  provision  of law, general,
 special or local, no officer or employee of the state or  of  any  civil
 division thereof, shall be deemed to have forfeited or shall forfeit his
 office  or  employment by reason of his acceptance of membership on such
 community advisory board.  No member of such board shall receive compen-
 sation or allowance for services rendered on such board, except,  howev-
 er,  that  members  of  community  advisory boards may be reimbursed for
 necessary expenses [up to and including twenty-five  dollars]  during  a

 S. 444                              3
 
 calendar  month by submitting a personal summary voucher. EACH COMMUNITY
 ADVISORY BOARD ESTABLISHED UNDER THIS SUBDIVISION  SHALL  SERVE  AS  THE
 COMMUNITY  ADVISORY  BOARD  FOR  THE  RESPECTIVE  HOSPITAL UNDER SECTION
 2803-1 OF THE PUBLIC HEALTH LAW.
   §  3.  This  act  shall  take effect two hundred seventy days after it
 shall have become a law. However, prior to that date,  the  commissioner
 of health and each general hospital shall take actions reasonably neces-
 sary to implement this act on that date.