§ 2904. State hospital review and planning council. (c) The governor
shall approve each health systems agency with a defined geographical
boundary, which shall consist of areas entirely within New York state
except in those areas where a bi-state planning agreement exists. Such
an agreement, subject to regulations promulgated by the commissioner of
health, shall include but need not be limited to the following
provisions: standards for equitable representation of board membership
from each state; boundaries that are consistent with medical trade
patterns; provisions for financial support from each state; and
comparable policies and procedures to be implemented by the bi-state
health systems agency in evaluating the availability and need for
hospital or other health care facilities or services and governing the
collection of data and statistics for health planning. Any such bi-state
agreement shall be signed by the governor of each state or their
designee or the state's commissioner or secretary of health or their
designee. The governor shall also adopt standards for the approval of
all health systems agencies. The standards shall also include the
applicable requirements of any other state or federal law. The charter
or by-laws of every health systems agency must meet such standards.
Failure to meet the standards or failure thereafter to maintain such
standards shall result in the automatic withdrawal of the approval given
to the health systems agency.

(d) To the maximum extent feasible, the boundaries of the health
service areas established by the governor shall be appropriately
coordinated with the boundaries of professional standards review
organizations, existing regional planning areas, and state planning and
administrative areas.

(g) Any health systems agency, with respect to any of the matters with
which it may deal may hold such public hearings as it may deem
appropriate and may require the submission of such information and
documents as it may deem appropriate.

(h) The members of any health systems agency shall receive no
compensation for their services but shall be reimbursed for expenses
actually and necessarily incurred in the performance of their duties.

(i) No civil action shall be brought in any court against any member,
officer or employee of the state council or of any health systems agency
for any act done, failure to act, or statement or opinion made, while
discharging his duties as a member, officer or employee of the state
council or agency, without leave from a justice of the supreme court,
first had and obtained. In any event such member, officer or employee
shall not be liable for damages in any such action if he shall have
acted in good faith, with reasonable care and upon probable cause.

* (j) The council may employ either directly or by contractual
arrangement such personnel necessary for the performance of its
functions and to assist it in rendering independent judgment.

* NB Expired January 1, 1986