2013 New York Consolidated Laws
PBH - Public Health
Article 29 - (2901 - 2907) HOSPITAL SURVEY, PLANNING AND REVIEW
2904-B - Health systems agencies.

 
    §  2904-b.  Health  systems  agencies.    1.  For the purposes of this
  section, "health systems agency"  shall  mean  a  corporation  organized
  pursuant  to the not-for-profit corporation law which is approved by the
  governor pursuant to subdivision (c) of section twenty-nine hundred four
  of  this  article,  incorporated  within  the  state,  which  is  not  a
  subsidiary  of,  or otherwise controlled by, any other private or public
  corporation or other legal entity, and  which  only  engages  in  health
  planning and development activities and functions.
    2. The powers of a health systems agency shall include those necessary
  to perform the duties and functions provided for in this section.
    3.  An employee who participates in the management of a health benefit
  plan may serve as a member of the board of directors of a health systems
  agency representing employers or unions. No member  may  participate  or
  vote  in agency proceedings involving an individual provider, purchaser,
  or patient, or a specific activity or transaction, if the member  has  a
  financial  interest in the outcome of the board's proceedings other than
  as an individual consumer of health care services.
    4. Each such health systems agency shall consist of a fixed number  of
  members  as  determined by the health systems agency upon recommendation
  of the regional nominating committee  established  pursuant  to  section
  twenty-nine   hundred   four-c  of  this  article  to  be  necessary  to
  appropriately represent the diverse needs and concerns  of  the  region.
  The  regional nominating committee shall approve a board of directors of
  such health systems agency in accordance with section two thousand  nine
  hundred  four-c  of  this  article that is broadly representative of the
  region served by the agency and that meets the following requirements:
    (a) A majority of the members, but not more than sixty percent of  the
  members,  shall  be residents of the health service region served by the
  agency who are consumers of health care and major purchasers  of  health
  care,  including  labor  organizations and business corporations, in the
  region. A consumer shall mean a person who is not a provider  of  health
  care as defined in accordance with paragraph (c) of this subdivision.
    (b)  The  remainder of the members shall be residents of or have their
  principal place of business in the health service region served  by  the
  agency  who  are  providers  of  health  care  and  who,  to  the extent
  practicable, are  representative  of  the  variety  of  disciplines  and
  interests  of the health care system including (i) physicians, dentists,
  nurse  practitioners,  nurses,  optometrists,  podiatrists,  physician's
  assistants,  and  other  health  professionals;  (ii)  health facilities
  including hospitals; (iii) health care insurers; (iv) health maintenance
  organizations; (v) health professional schools; (vi) the  allied  health
  professions;  and  (vii)  other  providers of health care. Not less than
  one-half of the providers of health care of  the  governing  body  of  a
  health  systems  agency  shall be direct providers of health care and of
  such direct providers of health care, at least one  shall  be  a  person
  engaged in the administration of a health facility.
    (c)  A  "provider  of  health  care"  means an individual (i) who is a
  direct provider of health care or who is a representative  of  different
  disciplines,  professions  or sectors of health care providers and whose
  primary current activity is the provision of health care to  individuals
  or  the  administration  (including  trustees  or  members  of boards of
  directors) of health facilities in which such care is provided; or  (ii)
  who holds a fiduciary position with, or has a fiduciary interest in, any
  entity which has as its primary purpose the delivery of health care, the
  conduct  of research into or instruction for health professionals in the
  provision of health care, or the production of or  supply  of  drugs  or
  other  articles  for individuals or entities for use in the provision of
  or in research into or instruction in the provisions of health care;  or

  (iii)  who  is  a  professional  in the provision of health care, or the
  production of or supply of drugs or other articles  for  individuals  or
  entities  for use in the provision of or in research into or instruction
  in  the provision of health care; or (iv) who is a professional employee
  of a health professions school; or (v) who is a spouse of an  individual
  described in subparagraph (i), (ii), (iii) or (iv) of this paragraph.
    (d)  Any  individual may nominate another individual for consideration
  by the health systems agency for appointment to the board  of  directors
  of  the  respective  agency.  Such  nominee  shall  reside or have their
  principal place of business within the respective health service region.
  In considering an individual for appointment to such agency, the  agency
  shall,  to  the  extent  practicable,  submit to the regional nominating
  committee  prospective  members  which  are  representative   of   local
  government,  local  health  care  providers, payors, consumers of health
  care, members of labor organizations and business corporations.
    5. (a) Members of the agency appointed  on  or  after  January  first,
  nineteen  hundred  ninety-four  shall have fixed terms of five years. No
  persons  appointed  on  or  after  January   first,   nineteen   hundred
  ninety-four  shall  be  a member of an agency for more than ten years in
  any period of fifteen  consecutive  years  including  periods  prior  to
  January  first, nineteen hundred ninety-four. A person appointed to fill
  a membership vacancy on  an  agency  shall  be  representative  of  that
  membership  category.  The commissioner, in consultation with the health
  systems agencies, shall devise an  equitable  method  of  converting  to
  these membership term requirements so that all such agencies shall be in
  compliance by December thirty-first, nineteen hundred ninety-six.
    (b)  A  board  member  shall  hold  over and continue to discharge the
  duties of his position after the expiration of the term for  which  such
  board member shall have been appointed until a successor shall be chosen
  and qualified; but after the expiration of such term, the position shall
  be  deemed  vacant  for  the  purpose  of  choosing  a  successor.    An
  appointment for a term shortened by reason of a predecessor holding over
  shall be for the residue of the term only.
    6.  A  health  systems  agency  may  establish  standing   committees,
  subcommittees,  and  advisory  committees  as  deemed  necessary. To the
  extent practicable, all standing committees, subcommittees, and advisory
  groups appointed by the health systems agency shall be appointed in such
  manner as to provide broad  representation  in  such  a  manner  that  a
  majority of the members shall be consumers of health care.
    7. Each health systems agency shall:
    (a)  recommend to the appropriate authority approval or disapproval of
  applications for the establishment or construction of  a  hospital,  the
  certification  of home health agencies, and the authorization to provide
  a long-term home health care program; provided, however, that  any  such
  studies  or  activities  conducted  by  the  agency  preparatory to such
  approval or disapproval shall not include any  such  study  or  activity
  regarding   financial   feasibility,   character   or   competence,   or
  architectural and technical analysis;
    (b) assist appropriate state agencies in the development of  standards
  and  guidelines  to  determine public need for hospital and other health
  services;
    (c) serve as a community resource to actively promote increased public
  knowledge and responsibility regarding the availability and  appropriate
  utilization of health care services;
    (d)  develop  regional  health plans and carry out facility and health
  services planning;

    (e) identify in consultation with local providers, employers,  payors,
  and  consumers  priorities  for  improving  health  care delivery in the
  region;
    (f)  promote  cooperative  ventures,  networking,  and other voluntary
  cooperative efforts to improve quality, efficiency,  affordability,  and
  access to health care services in the region, including the provision of
  technical assistance to rural networks;
    (g)  perform special studies to identify health care needs and service
  requirements in the region;
    (h) review and comment on community service plans;
    (i) conduct community education for consumers, providers,  payors  and
  for the general public in the region;
    (j)  collect  and  maintain  regional and other health care data to be
  made available to the public,  researchers,  providers  and  others  for
  health care education and development in the region;
    (k) assist in the development and implementation of regional and local
  health  delivery  system  initiatives  including  global  budgets, rural
  networks and health networks;
    (l) make recommendations for improving health care status and identify
  gaps and needed health care services in the region;
    (m) undertake other activities to promote the delivery of health  care
  services  in  the  region  with  the  goal  of  improving affordability,
  quality, efficiency, and access to health care services;
    (n) when requested by the commissioner or otherwise required by law or
  regulation, provide recommendations to the  commissioner  regarding  the
  awarding of grants for health services in the region;
    (o)  coordinate  its  activities  with  other  appropriate  general or
  special  purpose  regional  health  and  human  services   planning   or
  administrative  agencies  including  area  agencies  on aging, local and
  regional alcohol abuse, drug abuse and mental health planning  agencies,
  social  services  agencies,  county public health departments, and local
  health officers. The health systems agency shall, as appropriate, obtain
  data from other agencies for use in planning and development activities,
  enter into agreements with  other  such  agencies,  and  to  the  extent
  practicable, provide technical assistance to such other agencies;
    (p)  submit  a  semi-annual  report  to the senate and assembly health
  committees detailing the activities of each agency during that reporting
  period;
    (q) annually submit a copy of its operating budget to the chairman  of
  the  senate  finance committee and the chairman of the assembly ways and
  means committee and the director of the division  of  the  budget.  Such
  operating  budget  shall  contain  information  detailing  contributions
  received and  the  types  and  sources  of  contributions  eligible  for
  matching grants;
    (r)  not permit local contributions from organizations or individuals,
  including but not limited to, a health  care  provider  subject  to  the
  provisions  of  article  twenty-eight,  thirty-six or forty-four of this
  chapter, who are subject  to  review  by  the  health  systems  agencies
  provided,  however,  that  this  prohibition  shall  not  apply to local
  governments or to associations representing  health  care  providers  as
  described herein;
    (s)  through its board of directors adopt rules governing the agency's
  ability to sell resources and engage in fee for  service  activities  or
  other  contractual arrangements.   No health systems agency shall engage
  in any fee for service activity with a provider or potential provider of
  health care services except local government without prior  approval  of
  the  state  hospital review and planning council. Such approval shall be
  issued or denied in a timely manner;

    (t) perform any other duties  and  functions  of  the  health  systems
  agency required by law; and
    (u)  meet  as often as necessary to carry out their functions pursuant
  to this section.
    8. Each health systems agency may  hire  an  executive  director.  The
  executive  director  may hire employees and consultants as authorized by
  the agency and may prescribe their duties.
    9. The commissioner upon request of the health  systems  agencies  may
  provide technical assistance to the agency for the duties and activities
  prescribed herein.
    10.  The  governor  shall  withdraw  approval  given to health systems
  agencies for  failure  to  comply  with  such  requirements  or  failure
  thereafter to comply with such requirements.
    11.  The  commissioner  may  promulgate  such  rules  and  regulations
  including performance criteria as necessary to carry out the purposes of
  this article.
    12. The commissioner shall promulgate rules and regulations  regarding
  conflicts of interest and records of the health systems agencies.