A02379 Summary:

BILL NOA02379
 
SAME ASSAME AS S00576
 
SPONSORGottfried
 
COSPNSRDinowitz, Paulin, Aubry, Cook, Glick, Sepulveda, Perry, Blake, Ortiz, Abinanti, Crespo, D'Urso, Barron, Colton, Galef
 
MLTSPNSRCarroll, Jaffee, 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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A02379 Actions:

BILL NOA02379
 
01/18/2017referred to health
01/31/2017reported
02/02/2017advanced to third reading cal.35
01/03/2018ordered to third reading cal.182
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A02379 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2379
 
SPONSOR: Gottfried (MS)
  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lists be filed with the State Department of Health (as the bill requires for other hospital CABs), and to delete the outdated $25 limit on expense reimbursement for CAB members. Sec. 3 provides for an effective date 270 days after enactment.   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: 2011-12: A.7074 - passed Assembly 2013-14: A.4525 - passed Assembly 2015-16: A.376 - advanced to third 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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A02379 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2379
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 18, 2017
                                       ___________
 
        Introduced  by M. of A. GOTTFRIED, DINOWITZ, PAULIN, AUBRY, COOK, GLICK,
          SEPULVEDA, PERRY, BLAKE, ORTIZ, ABINANTI, CRESPO -- Multi-Sponsored by
          -- M. of A.   CARROLL, JAFFEE, ROSENTHAL, 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
    21  related corporations and the allocation of available resources to hospi-
    22  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.
                                                                   LBD02212-01-7

        A. 2379                             2
 
     1    3.  The  governing  body, in cooperation with the hospital's community
     2  advisory board, must at least annually prepare and make available to the
     3  public an implementation report regarding the hospital's performance  in
     4  meeting  the  health care needs of the community, providing charity care
     5  services,  and  improving  access  to health care services by the under-
     6  served.
     7    4.  The governing body shall file with the  commissioner  its  mission
     8  statement,  its  annual  implementation report, and at least every three
     9  years a report detailing amendments  to  the  statement  and  reflecting
    10  changes  in the hospital's operational and financial commitment to meet-
    11  ing the health care needs  of  the  community,  providing  charity  care
    12  services,  and  improving  access  to health care services by the under-
    13  served.  Each of these documents shall be made available to  the  public
    14  by the hospital on its website and by the department on its website.
    15    5.  (i)  Every  general  hospital shall establish a community advisory
    16  board to consider and advise the hospital upon  matters  concerning  the
    17  development  of any plans or programs of the hospital, and may establish
    18  rules and regulations with respect to the community advisory board.
    19    (ii) The members of the community advisory board  shall  be  represen-
    20  tatives of the community served by the hospital. The hospital shall file
    21  with  the commissioner, and from time to time update, an up-to-date list
    22  of the members of the hospital's community advisory board,  which  shall
    23  be made available to the public by the hospital on its website and shall
    24  be made available to the public by the department on its website.
    25    (iii)  Notwithstanding  any  inconsistent  provision  of law, general,
    26  special or local, no officer or employee of the state or  of  any  civil
    27  division thereof, shall be deemed to have forfeited or shall forfeit his
    28  office  or  employment  by reason of his acceptance of membership on the
    29  community advisory board. No member  of  the  community  advisory  board
    30  shall  receive  compensation  or  allowance for services rendered on the
    31  community advisory board, except, however,  that  members  of  community
    32  advisory boards may be reimbursed by the hospital for necessary expenses
    33  incurred in relation to service on the community advisory board.
    34    §  2.  Subdivision 11 of section 4 of section 1 of chapter 1016 of the
    35  laws of 1969, enacting the New York city  health  and  hospitals  corpo-
    36  ration act, as amended by chapter 116 of the laws of 1978, is amended to
    37  read as follows:
    38    11. (i) The corporation shall establish a community advisory board for
    39  each  of  its  hospitals  to consider and advise the corporation and the
    40  hospital upon  matters  concerning  the  development  of  any  plans  or
    41  programs  of  the  corporation,  and may establish rules and regulations
    42  with respect to such boards.
    43    (ii) The members of such advisory boards shall be  representatives  of
    44  the  community  served  by the hospital. The corporation shall file with
    45  the commissioner, and from time to time update, an  up-to-date  list  of
    46  the  members of each hospital's community advisory board, which shall be
    47  made available to the public by the hospital on its website and  by  the
    48  department of health on its website.
    49    (iii)  Notwithstanding  any  inconsistent  provision  of law, general,
    50  special or local, no officer or employee of the state or  of  any  civil
    51  division thereof, shall be deemed to have forfeited or shall forfeit his
    52  office  or  employment by reason of his acceptance of membership on such
    53  community advisory board.  No member of such board shall receive compen-
    54  sation or allowance for services rendered on such board, except,  howev-
    55  er,  that  members  of  community  advisory boards may be reimbursed for
    56  necessary expenses [up to and including twenty-five  dollars]  during  a

        A. 2379                             3
 
     1  calendar  month by submitting a personal summary voucher. Each community
     2  advisory board established under this subdivision  shall  serve  as  the
     3  community  advisory  board  for  the  respective  hospital under section
     4  2803-1 of the public health law.
     5    §  3.  This  act  shall  take effect two hundred seventy days after it
     6  shall have become a law. However, prior to that date,  the  commissioner
     7  of health and each general hospital shall take actions reasonably neces-
     8  sary to implement this act on that date.
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A02379 LFIN:

 NO LFIN
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