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A00176 Summary:

BILL NOA00176
 
SAME ASSAME AS S00444
 
SPONSORGottfried
 
COSPNSRDinowitz, Paulin, Aubry, Cook, Glick, Perry, Abinanti, Barron, Colton, Galef, Reyes, Fernandez, Sayegh, Cruz, Rodriguez
 
MLTSPNSRCarroll, Rosenthal L, Solages
 
Amd 2803-l, Pub Health L; amd 4, NYC Health & Hosp Corp Act
 
Requires every general hospital to have a community advisory board.
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A00176 Actions:

BILL NOA00176
 
01/06/2021referred to health
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A00176 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A176
 
SPONSOR: Gottfried
  TITLE OF BILL: 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   PURPOSE OR GENERAL IDEA OF BILL: To require every general hospital to have a community advisory board and community service plan.   SUMMARY OF SPECIFIC PROVISIONS: Sec. 1 amends PHL § 2803-1 to: extend the current requirement that "voluntary non-profit" hospitals have a community service plan to apply to every general hospital, including public hospitals and for-profit hospitals; require hospitals to involve its community advisory board in the preparation of its community service plan; and require every hospi- tal to have a community advisory board (CAB), similar to the current requirement for New York City public hospitals. Sec. 2 amends the New York City Health and Hospitals Corporation Act (Chapter 1016 of the laws of 1969) to require that HHC hospital CAB membership lists be filed with the State Department of Health (as the bill requires for other hospital CABs), and to delete the outdated $25 limit on expense reimbursement for CAB members.   JUSTIFICATION: General hospitals are vitally important institutions for communities and should be responsive to community needs, whether they are non-profit, for profit, or public institutions. Virtually every non-public hospital is heavily dependent on public funding. With public licensure and public funding comes an obligation to serve the public. Public regu- lations, financial incentives, and, in the case of public hospitals, public ownership can only go so far in making sure hospitals are mindful of and serve community needs. New York State wisely requires voluntary non-profit hospitals to periodically adopt and update a community service plan. It is appropriate for every hospital to follow this model. The New York City's public hospitals are required by state law to have community advisory boards. All hospitals and communities would benefit from having a community advisory board.   PRIOR LEGISLATIVE HISTORY: 2011-2012: A.7074 - passed Assembly 2013-2014: A.4525 - passed Assembly 2015-2016: A.376 - advanced to third reading 2017-2018: A.2379 - advanced to third reading 2019: A,1148 - passed Assembly 2020: A.1148 - advanced to 3rd reading   FISCAL IMPLICATIONS: Minimal. Community advisory board members would not be paid, but may be reimbursed by the hospital for their expenses.   EFFECTIVE DATE: 270 days after it becomes a law.
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A00176 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           176
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by M. of A. GOTTFRIED, DINOWITZ, PAULIN, AUBRY, COOK, GLICK,
          PERRY, ABINANTI, BARRON,  COLTON,  GALEF,  REYES,  FERNANDEZ,  SAYEGH,
          CRUZ,  RODRIGUEZ  -- Multi-Sponsored by -- M. of A. CARROLL, L. ROSEN-
          THAL, SOLAGES -- read once and referred 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:
 
     1    Section  1.  Section  2803-l  of  the public health law, as amended by
     2  chapter 639 of the laws of 1996, is amended to read as follows:
     3    § 2803-l. Community service plans and community  advisory  boards.  1.
     4  The  governing  body  of  a  [voluntary non-profit] general hospital, in
     5  cooperation with the hospital's  community  advisory  board  established
     6  under this section, must issue an organizational mission statement iden-
     7  tifying  at  a  minimum  the  populations  and communities served by the
     8  hospital and the hospital's commitment to meeting the health care  needs
     9  of the community.
    10    2.  The  governing  body, in cooperation with the hospital's community
    11  advisory board established under this section must at least every  three
    12  years:
    13    (i) review and amend as necessary the hospital mission statement;
    14    (ii)  solicit  the  views of the communities served by the hospital on
    15  such issues as the hospital's performance and service priorities;
    16    (iii) demonstrate the hospital's operational and financial  commitment
    17  to meeting community health care needs, to provide charity care services
    18  and to improve access to health care services by the underserved; and
    19    (iv) prepare and make available to the public a statement showing on a
    20  combined  basis a summary of the financial resources of the hospital and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00081-01-1

        A. 176                              2
 
     1  related corporations and the allocation of available resources to hospi-
     2  tal purposes including the provision of free or reduced charge services.
     3    3.  The  governing  body, in cooperation with the hospital's community
     4  advisory board, must at least annually prepare and make available to the
     5  public an implementation report regarding the hospital's performance  in
     6  meeting  the  health care needs of the community, providing charity care
     7  services, and improving access to health care  services  by  the  under-
     8  served.
     9    4.    The  governing body shall file with the commissioner its mission
    10  statement, its annual implementation report, and at  least  every  three
    11  years  a  report  detailing  amendments  to the statement and reflecting
    12  changes in the hospital's operational and financial commitment to  meet-
    13  ing  the  health  care  needs  of  the community, providing charity care
    14  services, and improving access to health care  services  by  the  under-
    15  served.    Each of these documents shall be made available to the public
    16  by the hospital on its website and by the department on its website.
    17    5. (i) Every general hospital shall  establish  a  community  advisory
    18  board  to  consider  and advise the hospital upon matters concerning the
    19  development of any plans or programs of the hospital, and may  establish
    20  rules and regulations with respect to the community advisory board.
    21    (ii)  The  members  of the community advisory board shall be represen-
    22  tatives of the community served by the hospital. The hospital shall file
    23  with the commissioner, and from time to time update, an up-to-date  list
    24  of  the  members of the hospital's community advisory board, which shall
    25  be made available to the public by the hospital on its website and shall
    26  be made available to the public by the department on its website.
    27    (iii) Notwithstanding any  inconsistent  provision  of  law,  general,
    28  special  or  local,  no officer or employee of the state or of any civil
    29  division thereof, shall be deemed to have forfeited or shall forfeit his
    30  office or employment by reason of his acceptance of  membership  on  the
    31  community  advisory  board.  No  member  of the community advisory board
    32  shall receive compensation or allowance for  services  rendered  on  the
    33  community  advisory  board,  except,  however, that members of community
    34  advisory boards may be reimbursed by the hospital for necessary expenses
    35  incurred in relation to service on the community advisory board.
    36    § 2. Subdivision 11 of section 4 of section 1 of chapter 1016  of  the
    37  laws  of  1969,  enacting  the New York city health and hospitals corpo-
    38  ration act, as amended by chapter 116 of the laws of 1978, is amended to
    39  read as follows:
    40    11. (i) The corporation shall establish a community advisory board for
    41  each of its hospitals to consider and advise  the  corporation  and  the
    42  hospital  upon  matters  concerning  the  development  of  any  plans or
    43  programs of the corporation, and may  establish  rules  and  regulations
    44  with respect to such boards.
    45    (ii)  The  members of such advisory boards shall be representatives of
    46  the community served by the hospital. The corporation  shall  file  with
    47  the  commissioner,  and  from time to time update, an up-to-date list of
    48  the members of each hospital's community advisory board, which shall  be
    49  made  available  to the public by the hospital on its website and by the
    50  department of health on its website.
    51    (iii) Notwithstanding any  inconsistent  provision  of  law,  general,
    52  special  or  local,  no officer or employee of the state or of any civil
    53  division thereof, shall be deemed to have forfeited or shall forfeit his
    54  office or employment by reason of his acceptance of membership  on  such
    55  community advisory board.  No member of such board shall receive compen-
    56  sation  or allowance for services rendered on such board, except, howev-

        A. 176                              3
 
     1  er, that members of community advisory  boards  may  be  reimbursed  for
     2  necessary  expenses  [up  to and including twenty-five dollars] during a
     3  calendar month by submitting a personal summary voucher. Each  community
     4  advisory  board  established  under  this subdivision shall serve as the
     5  community advisory board  for  the  respective  hospital  under  section
     6  2803-1 of the public health law.
     7    §  3.  This  act  shall  take effect two hundred seventy days after it
     8  shall have become a law. However, prior to that date,  the  commissioner
     9  of health and each general hospital shall take actions reasonably neces-
    10  sary to implement this act on that date.
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