New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 2 - Executive Orders (Malcolm A. Wilson) › Section 2.2 - Executive order no. 2: amending and superseding the executive orders of may 23, 1967 [section 1.23, supra], april 16, 1968 [section 1.25, supra], october 8, 1969 [section 1.34, supra], october 8, 1970 [section 1.40, supra], and april 2, 1971 [section 1.47, supra], designating the health planning commission as the state's official long-range health planning agency

Current through Register Vol. 46, No. 28, July 10, 2024
I, Malcolm Wilson, Governor of the State of New York, by
					 virtue of the authority vested in me by the Constitution and the laws of the
					 State of New York, do hereby direct by Executive Order that Executive Order
					 Number 23 dated May 23, 1967, as amended by the Executive Orders of April 16,
					 1968, October 8, 1969, October 8, 1970, and April 2, 1971, and continued by
					 Executive Order Number 1 dated December 18, 1973, which established the Health
					 Planning Commission, be amended to read as follows:
By virtue of the authority vested in me by the Constitution
					 and laws of the State of New York, I, Malcolm Wilson, Governor of the State of
					 New York, do hereby establish within the Executive Department an
					 interdepartmental health planning commission, to be known as the Health
					 Planning Commission, to consist of the Commissioner of Health as chairman, the
					 Commissioner of Mental Hygiene as vice-chairman, and the Commissioners of
					 Education, Labor, Local Government, Social Services, Agriculture and Markets,
					 the Superintendent of Insurance, the Chancellor of the State University, the
					 Chairman of the Drug Abuse Control Commission, and the Director of the Office
					 for the Aging.
I. General Powers
The Commission is hereby designated as the single State
					 agency to supervise the administration of the State comprehensive health
					 planning functions implementing the Federal Comprehensive Health Planning and
					 Public Health Services Amendments of 1966 and any act or acts amendatory or
					 supplemental thereto, and to do all things necessary or convenient to fulfill
					 the purposes and requirements of such act or acts.
The Commission shall coordinate and review health planning
					 efforts among governmental and nongovernmental agencies, organizations and
					 groups concerned with health services, facilities and manpower, and shall
					 formulate and update on a continuous basis a comprehensive State health plan.
					 The Commission's health plan shall be coordinated with the State comprehensive
					 development plan and the comprehensive planning process being developed by the
					 Office of Planning Services.
The Commission shall establish the policies and procedures
					 for the expenditure of public funds for the purpose of comprehensive State
					 planning for both public and private health services; designate public or
					 private, nonprofit agencies or organizations for the purpose of area-wide
					 health planning in the various parts of the State; approve project grants to
					 public or private nonprofit agencies or organizations for area-wide health
					 planning.
The Commission shall review all the plans of State agencies
					 relating to the provision of health and mental health services to assure that
					 such plans are in accordance with the comprehensive State health plan.
In exercising its powers, functions and duties, the
					 Commission shall be responsible to the Governor and shall consult and work
					 closely with the Health Planning Advisory Council.
II. Health Planning Advisory Council
A Health Planning Advisory Council is hereby established to
					 consist of representatives of governmental and nongovernmental organizations
					 and groups concerned with health, and of consumers of health services, to
					 advise the Health Planning Commission in the exercise of is powers, functions
					 and duties under this Order and the Federal Comprehensive Health Planning and
					 Public Health Services Amendments of 1966 and any act or acts amendatory or
					 supplemental thereto. The members of the Advisory Council shall be appointed by
					 the Governor.
III.
				  Department of Health
The Commissioner of Health shall establish a unit within
					 the Department of Health to provide all personal and other services as may be
					 necessary or desirable to assist the Health Planning Commission to fulfill the
					 purposes of this Order and of the Federal Comprehensive Health Planning and
					 Public Health Services Amendments of 1966 and any act or acts amendatory or
					 supplemental thereto.
The Department of Health, acting for and on behalf of the
					 Health Planning Commission, is hereby authorized to receive and disburse funds
					 from the Federal Government granted for comprehensive planning purposes under
					 the provisions of the Federal Comprehensive Health Planning and Public Health
					 Services Amendments of 1966 and any act or acts amendatory or supplemental
					 thereto.
The Department of Health, acting for and on behalf of the
					 Health Planning Commission, shall enter into such contracts and agreements as
					 shall be necessary or convenient to fulfill the purposes of this Order.
IV. Effective Date and Transfer
				  Provisions
Executive Order Number 23 dated May 23, 1967, and Executive
					 Orders Number 25 dated April 16, 1968, Number 34 dated October 8, 1969, Number
					 40 dated October 8, 1970, and Number 47 dated April 2, 1971, which amended such
					 Executive Order, are hereby amended and superseded by this Executive Order
					 effective January 30, 1974. On such date, all rights and obligations of the
					 Office of Planning Services, under any contract or agreement relating to
					 functions, powers and duties transferred by this Order to the Department of
					 Health are hereby transferred and assigned to, devolved upon and assumed by the
					 Department of Health. With respect to the functions, powers, duties, rights and
					 obligations so transferred and assumed, the [continued] Department of Health
					 shall be deemed and held to constitute the continuation of the Office of
					 Planning Services and not a different agency or authority. Any proceeding or
					 other business or matter heretofore undertaken or commenced by or before the
					 Office of Planning Services may be conducted and completed by the Department of
					 Health in the same manner and under the same terms and conditions and with the
					 same effect as if conducted and completed by the Office of Planning
					 Services.
Provision shall be made, within appropriations available
					 therefor and subject to the Civil Service Law, for the transfer to the
					 Department of Health of such officers and employees of the Office of Planning
					 Services as the Commissioner of Health may deem necessary.
All Federal funds advanced to the Office of Planning
					 Services on behalf of the Health Planning Commission under the Federal
					 Comprehensive Health Planning and Public Health Services Amendments of 1966, to
					 the extent of remaining unexpended or unencumbered balances thereof, shall be
					 transferred to and made available for use by the Department of Health for the
					 same purposes for which originally advanced.
Signed: Malcolm A. WilsonDated: January 9, 1974
[FN*] [Superseded by Executive Order No. 6.2, infra,
					 following §
											3.6.]