A09530 Summary:

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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A09530 Actions:

01/24/2020referred to health
02/20/2020advanced to third reading cal.411
02/26/2020passed assembly
02/26/2020delivered to senate
02/26/2020SUBSTITUTED FOR S7304
02/26/20203RD READING CAL.423
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A09530 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
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 representation   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 26. The addi- tional 2 shall be representatives of consumer organizations under a new definition of health care consumer advocacy organizations. Section 2 of the bill is the effect date. 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 and the other 13 are chosen from among an extremely broad category encom- passing practically the entirety of health care provision and payment. Consumer advocates have raised concerns that this has created a struc- ture that significantly underrepresents patients directly affected by the Council's decisions with just one consumer appointee. This bill addresses this concern by adding additional consumer represen- tatives. 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. This bill is a modification of A4071/S870 of 2019. A4071/S870 would have increased PHHPC membership from 24 to 36 people. In the veto message the Governor raised quorum concerns due to size of the increase, but also said he supported the intent of diversifying PHHPC to reflect the commu- nity and that he would appoint additional consumer advocates. However, a statutory chance is necessary in order to create the additional seats for those consumers.   LEGISLATIVE HISTORY: New bill   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: Immediate, applying to all members appointed or re-appointed on or after that date.
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A09530 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                    January 24, 2020
        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. 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]  twenty-six  members  to be appointed by the governor with
    11  the advice and consent of the senate. Membership on the council shall be
    12  reflective of the diversity of the state's population including, but not
    13  limited to,  the  various  geographic  areas  and  population  densities
    14  throughout  the  state. The members shall include representatives of the
    15  public health system, health care providers that  comprise  the  state's
    16  health  care delivery system, individuals with expertise in the clinical
    17  and administrative aspects of health  care  delivery,  issues  affecting
    18  health  care  consumers,  health  planning,  health  care  financing and
    19  reimbursement, health care regulation and compliance, and public  health
    20  practice  and  at  least two members shall also be members of the behav-
    21  ioral health services advisory council; at least four members  shall  be
    22  representatives  of  general  hospitals or nursing homes; at least three
    23  members shall be representatives of health care consumer advocacy organ-
    24  izations which have a statewide or regional constituency and  have  been
    25  involved  in activities related to health care consumer advocacy includ-
    26  ing issues of interest to low- and moderate-income individuals;  and  at
    27  least  one  member  shall  be  a representative of each of the following
    28  groups:  home care agencies, diagnostic and  treatment  centers,  health
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 9530                             2
     1  care  payors,  and  labor  organizations for health care employees[, and
     2  health care consumer advocacy organizations].
     3    §  2.  This  act  shall take effect immediately and shall apply to all
     4  members of the public health and health planning  council  appointed  or
     5  re-appointed on and after that date.
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