New York State Assembly

 
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A09530 Summary:

A09530 Actions:

A09530 Committee Votes:

Committee:HEALTH   Chair:Gottfried      
DATE:02/11/2020AYE/NAY:22/0  Action: Favorable         
Gottfried
Aye
Byrne
Aye
Schimminger
Aye
McDonough
Aye
Galef
Aye
Garbarino
Aye
Dinowitz
Aye
Byrnes
Aye
Cahill
Aye
Ashby
Excused
Paulin
Excused
Miller
Aye
Cymbrowitz
Aye
Salka
Aye
Gunther
Aye
Rosenthal
Aye
Hevesi
Aye
Jaffee
Excused
Steck
Aye
Abinanti
Aye
Braunstein
Aye
Kim
Aye
Solages
Aye
Bichotte
Excused
Barron
Aye
Sayegh
Aye

A09530 Floor Votes:

A09530 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A9530
 
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.

A09530 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9530
 
                   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.
                                                                   LBD14864-01-0
        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.