New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 3 - Executive Orders (Hugh L. Carey) › Section 3.6 - Executive order no. 6: amending executive order of may 23, 1967 (no. 23) relating to the health planning commission

Current through Register Vol. 46, No. 28, July 10, 2024
I, Hugh L. Carey, 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, promulgated by Governor Nelson A. Rockefeller on May 23, 1967, which
					 established the Health Planning Commission, as amended by his Executive Orders
					 of April 16, 1968, October 8, 1969, October 8, 1970 and April 2, 1971 and as
					 further amended by Executive Order Number 2, promulgated by Governor Malcolm
					 Wilson on January 30, 1974, 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, Hugh L. Carey, Governor of the State of
					 New York, do hereby establish within the Executive Department and
					 interdepartmental health planning commission, to be known as the Health
					 Planning Commission, to consist of the Commissioners of Health, Mental Hygiene,
					 and Social Services, the Directors of the Budget and of the Office of Planning
					 Services and the Special Assistant to the Governor on Health Affairs, the
					 chairman to be the Special Assistant to the Governor on Health Affairs.
I. General Powers
The Commission shall advise the Governor on all
					 health-related matters and shall act to implement his concerns in shaping
					 health policy for the State.
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 State health policies.
The Commission shall coordinate and review health planning
					 efforts among governmental and nongovernmental agencies, organizations and
					 groups concerned with health services, facilities and manpower.
The Commission is hereby directed to supervise the
					 implementation of the Federal National Health Planning and Resources
					 Development Act of 1974, and all program planning necessary to comply with the
					 terms of that act and any other acts relating to State comprehensive health
					 planning, and to do all things necessary or convenient to fulfill the purposes
					 and requirements of such act or acts.
The Commission shall have the power to convene
					 interdepartmental committees composed of the heads of appropriate agencies and
					 the members of the Commission, whenever it shall appear to the chairman that
					 the matters within the jurisdiction of another agency will affect the health
					 policies of the State.
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 and any other councils or
					 commissions hereafter established for the purpose of comprehensive health
					 planning in the State.
II.
				  Health Planning Advisory Council
In order to provide the State with the broadest policy
					 advice in matters of health and mental health, a Health Planning Advisory
					 Council is hereby established to consist of representatives of governmental and
					 nongovernmental organizations and groups concerned with health, providers and
					 consumers of health services, to advise the Health Planning Commission in the
					 exercise of its powers, functions and duties under this Order and the Federal
					 National Health Planning and Resources Act of 1974 and any other act relating
					 to State comprehensive health planning. 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.
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.
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
Executive Order Number 23, dated May 23, 1967, and
					 Executive Orders Number 25, dated April 16, 1968, Number 34, dated October 8,
					 1970, Number 47, dated April 2, 1971 and Number 2, dated January 30, 1974,
					 which amended such Executive Order, are hereby amended and superseded by this
					 Executive Order effective March 14, 1975.
Signed: Hugh L. CareyDated: March 14, 1975
I, Hugh L. Carey, 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 the second
					 paragraph of Executive Order Number 6, promulgated on March 14, 1975, 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, Hugh L. Carey, 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 Commissioners of Health, Mental Hygiene,
					 Social Services, and Education, the Director of the Office for the Aging, the
					 Director of the Budget, the Chancellor of the State University of New York, and
					 the Special Assistant to the Governor for Health Affairs, who shall serve as
					 chairman.
Signed: Hugh L. CareyDated: February 4, 1976
I, Hugh L. Carey, Governor of the State of New York, by
					 virtue of the authority vested in me by the Constitution and Laws 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 Commissioners of Health, Mental Health,
					 Mental Retardation and Developmental Disabilities, Social Services, Education,
					 and Environmental Conservation; the Directors of the Office for the Aging, the
					 Division of Alcoholism and Alcohol Abuse, the Division of Substance Abuse
					 Services, the Office of Health Systems Management and the Office of Public
					 Health; the Chairman of the Commission on Alcohol and Substance Abuse
					 Prevention and Education, the Chairman of the Commission on Quality of Care for
					 the Mentally Disabled, the Director of the Budget, the Chancellor of the State
					 University of New York, the Executive Director of the Board of Social Welfare,
					 the Special Assistant to the Governor for Health Affairs, who shall serve as
					 chairman, and his designated deputy, who shall serve as
					 vice-chairman.[FN*]
I. General Powers
The Commission shall advise the Governor on all health,
					 mental health, mental retardation and developmental disabilities, alcoholism,
					 alcohol abuse and substance abuse, environmental health, and domiciliary
					 care-related matters and shall act to implement his concerns in shaping State
					 policy in these matters.
The Commission shall review all the plans of State agencies
					 relating to the provision of health, mental health, mental retardation and
					 developmental disabilities, alcoholism, alcohol abuse and substance abuse, and
					 domiciliary care services to assure that such plans are in accordance with
					 State policies.
The Commission shall coordinate and review health, mental
					 health, mental retardation and developmental disabilities, alcoholism, alcohol
					 abuse and substance abuse, and domiciliary care planning efforts among
					 governmental and nongovernmental agencies, organizations and groups concerned
					 with health, mental health, mental retardation and developmental disabilities,
					 alcoholism, alcohol abuse and substance abuse, and domiciliary care services,
					 facilities and manpower.
The Commission is hereby designated as the single State
					 health planning and development agency pursuant to the provisions of the
					 National Health Planning and Resources Development Act of 1974, as amended, and
					 is directed to supervise the implementation of the National Health Planning and
					 Resources Development Act of 1974 and all program planning necessary to comply
					 with the terms of that act and any other acts relating to State comprehensive
					 health, mental health, mental retardation and developmental disabilities,
					 alcoholism, alcohol abuse and substance abuse, and domiciliary care planning,
					 and to do all things necessary or convenient to fulfill the purposes and
					 requirements of such act or acts.
The Commission shall have the power to convene
					 interdepartmental committees composed of the heads of appropriate agencies and
					 the members of the Commission, whenever it shall appear to the chairman that
					 the matters within the jurisdiction of another agency will affect the health,
					 mental health, mental retardation and developmental disabilities, alcoholism,
					 alcohol abuse and substance abuse or domiciliary care policies of the
					 State.
II. Certificate of
				  Need Administrative Program
The Commission is directed to administer the State
					 certificate of need program, which program meets the requirements of the
					 National Health Planning and Resources Development Act of 1974 and 42 CFR 123,
					 Subpart E, of the Federal rules promulgated thereunder and any amendments
					 thereto. The certificate of need reviews performed by the reviewer members of
					 the Commission shall be in accordance with the State Health Plan of the Health
					 Planning Commission and with the policies and procedures of the Health Planning
					 Commission as determined by the Commission. An agreement shall be entered into
					 between the reviewer members of the Health Planning Commission and the
					 Commission which shall implement this Certificate of Need Administrative
					 Program.
III. Commission
				  Committees
The Commission is authorized to appoint committees of its
					 members for the purposes of performing Commission functions. Any member of the
					 Commission may attend any or all committee meetings and, if such member so
					 elects, shall become a fully participating committee member at any such
					 meeting. Any committee appointed pursuant to this paragraph for the purpose of
					 making recommendations on the establishment or construction of any services or
					 facilities may consist of Commission members together with their designated
					 representatives.
IV.
				  Personnel
The Commission shall appoint an Executive Director and
					 shall assign to such Executive Director such powers, functions and duties as it
					 shall deem appropriate. The Commission may employ such additional personnel as
					 it may deem necessary or desirable to fulfill the purposes of this Order and of
					 the National Health Planning and Resources Development Act of 1974.
V. Office of Health Systems
				  Management in the Department of Health
A unit shall be established within the Department of
					 Health's Office of Health Systems Management to provide such services as may be
					 necessary or desirable to assist the Executive Director to fulfill the purpose
					 of this Order.
The Department of Health's Office of Health Systems
					 Management, 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.
The Department of Health's Office of Health Systems
					 Management, 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.
VI. Effective Date
Executive Order Number 1, dated March 31, 1960; Executive
					 Order Number 23, dated May 23, 1967; Executive Order Number 25, dated April 16,
					 1968; Executive Order Number 34, dated October 8, 1969; Executive Order Number
					 40, dated October 8, 1970; Executive Order Number 47, dated April 2, 1971;
					 Executive Order Number 2, dated January 9, 1974; Executive Order Number 6,
					 dated March 14, 1975; and Executive Order Number 6.1, dated February 4, 1976,
					 are superseded by this Executive Order Number 6.2, effective March 14,
					 1979.
Signed: Hugh L. CareyDated: March 14, 1979
I, Hugh L. Carey, 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 the first paragraph
					 of Executive Order No. 6.2, promulgated on March 14, 1979, which established
					 the Health Planning Commission, be amended to read as follows:
I, Hugh L. Carey, Governor of the State of New York, by
					 virtue of the authority vested in me by the Constitution and Laws 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 Commissioners of Health, Mental Health,
					 Mental Retardation and Developmental Disabilities, Social Services and
					 Education; the Directors of the Office for the Aging, the Office of Public
					 Health, the Office of Health Systems Management, the Division of Alcoholism and
					 Alcohol Abuse, the Division of Substance Abuse Services and the Council on
					 Children and Families; the Chairman of the Commission on Quality of Care for
					 the Mentally Disabled; the Director of the Budget; the Chancellor of the State
					 University of New York; the Advocate for the Disabled; and the Secretary to the
					 Governor, who shall serve as chairman, and his designated deputy who shall
					 serve as vice-chairman.
Signed: Hugh L. CareyDated: September 23, 1982
[FN*] Superseded by Executive Order No. 6.2,
					 infra,following this section.
[FN*] Superseded by Executive Order No. 6.2, infra.
[FN*] First paragraph superseded by Executive Order No.
					 6.3, infra.