Enacts the "healthcare rule-making reform act"

BILL NUMBER:S8242

Title of bill

An act to amend the public health law, in relation to reconstituting the state hospital review and planning council as the state health systems council, providing for the composition and certain duties thereof and for the expiration of terms of state hospital review and planning council members

Purpose or general idea of bill

This bill restructures the membership of the State Hospital Review and Planning Council to include greater representation for healthcare consumers and healthcare professionals.

Summary of specific provisions

Section 1: Enacts the "Healthcare rule-making reform act."

Section 2: Amends Public Health Law section 2904(a)to rename the State Hospital Review and Planning Council as the "state health systems council". It expands the membership of the Council from 31 members to 39 members. Of the 31 members who are currently appointed by the Governor upon the advice and consent of the Senate would continue to be appointed by the Governor. Further, the additional eight new members to be appointed by the Governor (under this bill), would be upon recommendation of both Assembly and Senate legislative officials.

Of the 31 existing members to be appointed by the Governor, it must include (A) no less than seven members who represent healthcare providers, (B) no less than seven members who represent purchasers and payers of healthcare services, including business, government organizations, labor and other institutions, (C) no less than seven members who represent labor organizations that represent healthcare employees, and (D) no less than ten members from organizations with a statewide constituency that represent healthcare consumers.

This bill should help to encourage more general public to comment on matters before the Council.

Section 3: Provides for modifying the terms of the existing council members and establishes the terms for the new members to be added.

Section 4: Mandates that on or after the effective date of the act, any and all references to the State Hospital Review and Planning Council in law or regulation shall be deemed for all purposes to be references to the State Health Systems Council.

Section 5 mandates that the act shall take effect on the 30th day after it has become law.

Justification

The current make-up of the State Hospital Review and Planning Council, some argue, may not be accurately representative of the providers, professionals and users of the vast healthcare system in New York. The Council has enormous impact on the State's decision related to the delivery of health care and keeping New York's health care facilities up-to-date technologically, accessible and affordable to all. Currently, the Council's decisions may not be being made with the full benefit of the expertise and range of perspectives that could be made available to this Council.

Prior legislative history

New Legislation.

Fiscal implications for state and local governments

None.

Effective date

The act shall take effect on the 30th day after it has become law, except the amendments to paragraphs 1 and 2 of subdivision (A) of section 2904 of the public health law shall take effect on February 1, 2011, provided that the commissioner of health is authorized to take the action necessary prior to the effective date of the act to ensure its timely implementation.