NY Pub Health L § 2904-B (2021)
2021 New York Laws PBH - Public Health Article 29 - 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.