S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7511
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             November 5, 2021
                                ___________
 
 Introduced  by  Sen.  RATH  --  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  establishing  the
   New  York state health care quality and sustainability commission; and
   to amend the  state  administrative  procedure  act,  in  relation  to
   including workforce impact in a regulatory impact statement
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 207-b to read as follows:
   § 207-B. NEW YORK STATE HEALTH CARE QUALITY AND SUSTAINABILITY COMMIS-
 SION.  1. A. THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT A COMMIS-
 SION TO BE KNOWN AS THE "NEW YORK STATE HEALTH CARE QUALITY AND SUSTAIN-
 ABILITY COMMISSION", HEREAFTER  REFERRED  TO  IN  THIS  SECTION  AS  THE
 "COMMISSION",  TO ANALYZE THE IMPACT OF PROPOSED LEGISLATION ON: (I) THE
 QUALITY, DELIVERY AND COST OF CARE TO BE INCURRED BY THE IMPACTED HEALTH
 CARE INDUSTRY; AND (II) THE SUSTAINABILITY OF THE IMPACTED  HEALTH  CARE
 INDUSTRY AND THE RELATED WORKFORCE.
   B.  THE  COMMISSION  SHALL  CONSIST  OF THREE MEMBERS APPOINTED BY THE
 GOVERNOR, ONE OF WHOM SHALL BE THE COMMISSIONER AND ONE OF WHOM SHALL BE
 THE SUPERINTENDENT OF THE DEPARTMENT OF FINANCIAL SERVICES  AND  SIX  OF
 WHOM  SHALL  BE APPOINTED ON THE RECOMMENDATION OF THE LEGISLATIVE LEAD-
 ERS, ONE ON THE RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE SENATE,
 ONE ON THE RECOMMENDATION OF THE SPEAKER OF THE  ASSEMBLY,  ONE  ON  THE
 RECOMMENDATION  OF  THE  MINORITY  LEADER  OF  THE SENATE AND ONE ON THE
 RECOMMENDATION OF THE MINORITY LEADER OF THE ASSEMBLY. ALL MEMBERS SHALL
 SERVE AT THE PLEASURE OF THE GOVERNOR, AND VACANCIES SHALL BE  APPOINTED
 IN  THE SAME MANNER AS ORIGINAL APPOINTMENTS.  MEMBERS OF THE COMMISSION
 SHALL SERVE WITHOUT COMPENSATION, BUT SHALL BE REIMBURSED FOR REASONABLE
 TRAVEL EXPENSES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13410-02-1
 S. 7511                             2
              

 
   2. THE GOVERNOR AND THE CHAIRS AND RANKING MINORITY MEMBERS OF THE NEW
 YORK STATE SENATE AND ASSEMBLY COMMITTEES ON HEALTH MAY REQUEST IN WRIT-
 ING THAT THE COMMISSION EVALUATE PROPOSED  LEGISLATION.  UPON  RECEIVING
 SUCH  A  REQUEST,  THE  COMMISSION SHALL UNDERTAKE AN EVALUATION OF SUCH
 PROPOSED LEGISLATION.
   3. IN EVALUATING PROPOSED LEGISLATION, THE COMMISSION SHALL:
   A.  INVESTIGATE  AND  ANALYZE  THE  CURRENT  PRACTICES OF THE AFFECTED
 HEALTH CARE INDUSTRY WITH REGARD TO THE PROPOSED LEGISLATION,  INCLUDING
 THE AVAILABILITY OF A QUALIFIED WORKFORCE;
   B.  ANALYZE THE MOST CURRENT MEDICAL LITERATURE REGARDING THE PROPOSED
 LEGISLATION TO DETERMINE ITS IMPACT ON HEALTH CARE QUALITY AND DELIVERY;
   C. INVESTIGATE AND ANALYZE THE POTENTIAL COST OF THE  PROPOSED  LEGIS-
 LATION TO CONSUMERS AND THE AFFECTED HEALTH CARE INDUSTRY; AND
   D.  INVESTIGATE  AND ANALYZE THE IMPACT THE PROPOSED LEGISLATION WOULD
 HAVE ON THE SUSTAINABILITY OF THE AFFECTED HEALTH CARE INDUSTRY, INCLUD-
 ING BUT NOT LIMITED TO, THE QUALITY AND DELIVERY OF HEALTH CARE SERVICES
 AND THE ABILITY OF THE INDUSTRY TO ATTRACT AND RETAIN A QUALIFIED  WORK-
 FORCE.
   4.  IN EVALUATING PROPOSED LEGISLATION, THE COMMISSION MAY HOLD ONE OR
 MORE PUBLIC HEARINGS, AND SHALL STRIVE TO OBTAIN INDEPENDENT AND VERIFI-
 ABLE INFORMATION FROM DIVERSE SOURCES WITHIN THE HEALTH  CARE  INDUSTRY,
 MEDICAL  COMMUNITY  AND  AMONG  HEALTH CARE CONSUMERS WITH REGARD TO THE
 PROPOSED POLICY CONTAINED IN THE LEGISLATION.
   5. TO ASSIST THE COMMISSION IN ITS DUTIES AND UPON THE REQUEST OF  THE
 COMMISSION,  THE  COMMISSIONER  IS  AUTHORIZED TO ENTER INTO ONE OR MORE
 CONTRACTS WITH INDEPENDENT ENTITIES AND ORGANIZATIONS WITH  DEMONSTRABLE
 EXPERTISE  IN  HEALTH  CARE  QUALITY, FINANCE, UTILIZATION AND ACTUARIAL
 SERVICES. FOR THE PURPOSES OF THIS SECTION, THE COMMISSIONER  SHALL  NOT
 ENTER  INTO CONTRACTS WITH ENTITIES OR ORGANIZATIONS OWNED OR CONTROLLED
 BY THE HEALTH CARE INDUSTRY IMPACTED BY  THE  PROPOSED  LEGISLATION,  OR
 WITH SIGNIFICANT BUSINESS RELATIONSHIPS WITH SUCH INDUSTRY.
   6.  UPON COMPLETION OF ITS EVALUATION OF PROPOSED LEGISLATION PURSUANT
 TO THIS SECTION, THE COMMISSION SHALL DELIVER A WRITTEN  REPORT  OF  ITS
 FINDINGS  TO  THE  CHAIRS  AND  RANKING MINORITY MEMBERS OF THE NEW YORK
 STATE SENATE AND ASSEMBLY COMMITTEES ON HEALTH.
   § 2. Subdivision 3 of section 202-a of the state administrative proce-
 dure act is amended by adding a new paragraph (j) to read as follows:
   (J) WORKFORCE IMPACT. A STATEMENT IDENTIFYING THE PROJECTED IMPACT  OF
 THE RULE ON THE WORKFORCE, INCLUDING, BUT NOT LIMITED TO THE AVAILABILI-
 TY  OF  QUALIFIED  PERSONNEL  AND  THE IMPACT ON THE RELEVANT INDUSTRY'S
 ABILITY TO RETAIN AND ATTRACT QUALIFIED PERSONNEL.
   § 3. This act shall take effect immediately.