2021 New York Laws
PBH - Public Health
Article 29 - Hospital Survey, Planning and Review
2904 - State Hospital Review and Planning Council.

§  2904. State hospital review and planning council.  (c) The governor
shall approve each health systems agency  with  a  defined  geographical
boundary,  which  shall  consist of areas entirely within New York state
except in those areas where a bi-state planning agreement  exists.  Such
an  agreement, subject to regulations promulgated by the commissioner of
health,  shall  include  but  need  not  be  limited  to  the  following
provisions:  standards  for equitable representation of board membership
from each state; boundaries  that  are  consistent  with  medical  trade
patterns;   provisions  for  financial  support  from  each  state;  and
comparable policies and procedures to be  implemented  by  the  bi-state
health  systems  agency  in  evaluating  the  availability  and need for
hospital or other health care facilities or services and  governing  the
collection of data and statistics for health planning. Any such bi-state
agreement  shall  be  signed  by  the  governor  of  each state or their
designee or the state's commissioner or secretary  of  health  or  their
designee.  The  governor  shall also adopt standards for the approval of
all health systems  agencies.  The  standards  shall  also  include  the
applicable  requirements  of any other state or federal law. The charter
or by-laws of every health systems  agency  must  meet  such  standards.
Failure  to  meet  the  standards or failure thereafter to maintain such
standards shall result in the automatic withdrawal of the approval given
to the health systems agency.
  (d) To the maximum extent  feasible,  the  boundaries  of  the  health
service  areas  established  by  the  governor  shall  be  appropriately
coordinated  with  the  boundaries  of  professional  standards   review
organizations,  existing regional planning areas, and state planning and
administrative areas.
  (g) Any health systems agency, with respect to any of the matters with
which it may  deal  may  hold  such  public  hearings  as  it  may  deem
appropriate  and  may  require  the  submission  of such information and
documents as it may deem appropriate.
  (h) The  members  of  any  health  systems  agency  shall  receive  no
compensation  for  their  services  but shall be reimbursed for expenses
actually and necessarily incurred in the performance of their duties.
  (i) No civil action shall be brought in any court against any  member,
officer or employee of the state council or of any health systems agency
for  any  act  done, failure to act, or statement or opinion made, while
discharging his duties as a member, officer or  employee  of  the  state
council  or  agency,  without leave from a justice of the supreme court,
first had and obtained. In any event such member,  officer  or  employee
shall  not  be  liable  for  damages in any such action if he shall have
acted in good faith, with reasonable care and upon probable cause.
  * (j) The  council  may  employ  either  directly  or  by  contractual
arrangement   such  personnel  necessary  for  the  performance  of  its
functions and to assist it in rendering independent judgment.
  * NB Expired January 1, 1986