Relates to increasing membership on the public health and health planning council and directing the appointment of members representing particular areas of concern.
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
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.