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A04071 Summary:

BILL NOA04071
 
SAME ASSAME AS S00870
 
SPONSORGottfried
 
COSPNSRAbinanti
 
MLTSPNSR
 
Amd §220, Pub Health L
 
Relates to increasing membership on the public health and health planning council and directing the appointment of members representing particular areas of concern.
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A04071 Actions:

BILL NOA04071
 
02/01/2019referred to health
02/28/2019reported
02/28/2019advanced to third reading cal.81
03/05/2019passed assembly
03/05/2019delivered to senate
03/05/2019REFERRED TO HEALTH
03/18/2019SUBSTITUTED FOR S870
03/18/20193RD READING CAL.290
03/18/2019PASSED SENATE
03/18/2019RETURNED TO ASSEMBLY
11/08/2019delivered to governor
11/20/2019vetoed memo.139
11/20/2019tabled
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A04071 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4071
 
SPONSOR: Gottfried
  TITLE OF BILL: An act to amend the public health law, in relation to membership on the public health and health planning council   PURPOSE OF THE BILL: To expand the Public Health and Health Planning Council (PHHPC) to include additional consumer and labor representatives and legislative appointees.   SUMMARY OF PROVISIONS:: Section 1 of the bill amends § 220 of the Public Health Law to increase the number of PHHPC appointees by the Governor from 24 to 30. The addi- tional 6 shall include: -3 additional (for a total of four) representatives of consumer organ- izations under a new definition of health care consumer advocacy organ- izations; -2 additional (for a total of three) representatives of labor organiza- tions for health care employees; and -1 in no specified category. Section 1 also adds 6 new appointees upon recommendation of the legisla- ture, including: -2 by the Speaker of the Assembly; -2 by the Temporary President of the Senate; -1 by the Minority Leader of the Assembly; and -1 by the Minority Leader of the Senate. Section 2 of the bill is the effect date: January 1, 2020.   JUSTIFICATION:: The Public Health and Health Planning Council (PHHPC) makes decisions and recommendations to the Commissioner of Health regarding health care facility establishment, transfer, construction, and services and Health Department regulations. Established by Public Health Law § 225, PHHPC currently has 24 members appointed by the Governor with the advice and consent of the Senate. Of these 24, 11 are in required categories as follows: -4 who represent general hospitals or nursing homes; -2 who are also members of the behavioral health services council; and -At least 1 each representing home care agencies; diagnostic and treat- ment centers; health care payers; labor organizations for health care employees; and consumer advocacy organizations. The other 13 are chosen from among an extremely broad category encom- passing practically the entirety of health care provision and payment. Consumer and labor advocates have raised concerns that this has created a structure that significantly underrepresents patients and workers directly affected by the Council's decisions. Although consumers and labor are "at least" one each, this has in practice meant just one per category. Despite its broad mandate over several key policy areas, PHHPC also does not include any appointees on the recommendation of the Legislature. This bill addresses both concerns by adding Executive appointees within the underrepresented categories as well as appointees on the recommenda- tion of the legislature in the same broad discretionary category as 13 of the current Executive appointees. The bill also spells out a clearer definition of "health care consumer advocacy organization" than is in current law in order to ensure that the concerns of low- and moderate- income patients are heard.   LEGISLATIVE HISTORY:: New bill   FISCAL IMPLICATIONS:: None   EFFECTIVE DATE:: January 1, 2020
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A04071 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4071
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 1, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
          Committee on Health
 
        AN ACT to amend the public health law, in relation to membership on  the
          public health and health planning council
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 220 of the public health law, as amended by section
     2  7 of part N of chapter 56 of the laws of 2012, is  amended  to  read  as
     3  follows:
     4    §  220.  Public  health  and  health  planning council; appointment of
     5  members. 1. There shall continue to be in the department a public health
     6  and health planning council to consist of the commissioner and [fourteen
     7  members to be appointed by the governor with the advice and  consent  of
     8  the  senate;  provided  that effective December first, two thousand ten,
     9  the membership of the council shall  consist  of  the  commissioner  and
    10  twenty-four]  thirty-six  members  to  be  appointed  as follows: thirty
    11  members to appointed by the governor with the advice and consent of  the
    12  senate; and six members to be appointed by the governor, two upon recom-
    13  mendation of the speaker of the assembly, two upon recommendation of the
    14  temporary president of the senate, one upon recommendation of the minor-
    15  ity  leader of the assembly, and one upon recommendation of the minority
    16  leader of the senate.
    17    2. As to the members of the council appointed by the governor with the
    18  advice and consent of the senate: Membership on  the  council  shall  be
    19  reflective of the diversity of the state's population including, but not
    20  limited  to,  the  various  geographic  areas  and  population densities
    21  throughout the state. The members shall include representatives  of  the
    22  public  health  system,  health care providers that comprise the state's
    23  health care delivery system, individuals with expertise in the  clinical
    24  and  administrative  aspects  of  health care delivery, issues affecting
    25  health care  consumers,  health  planning,  health  care  financing  and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04011-01-9

        A. 4071                             2
 
     1  reimbursement,  health care regulation and compliance, and public health
     2  practice and at least two members shall also be members  of  the  behav-
     3  ioral  health  services advisory council; at least four members shall be
     4  representatives  of  general  hospitals  or nursing homes; at least four
     5  members shall be representatives of health care consumer advocacy organ-
     6  izations which have a statewide or regional constituency and  have  been
     7  involved  in activities related to health care consumer advocacy includ-
     8  ing issues of interest to low- and moderate-income individuals; at least
     9  three members shall be representatives of labor organizations for health
    10  care employees; and at least one member shall  be  a  representative  of
    11  each of the following groups:  home care agencies, diagnostic and treat-
    12  ment  centers,  and  health care payors[, labor organizations for health
    13  care employees, and health care consumer advocacy organizations].
    14    § 2. This act shall take effect on January 1, 2020, and shall apply to
    15  all members of the public health and health planning  council  appointed
    16  or re-appointed on or after that date.
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