|
Outline of the
Commission on Health Care Facilities in
the Twenty-First Century
(Web site of Commission)
The commission established by Part K
of Chapter 63 of the Laws of 2005,
called the Commission on Health Care
Facilities in the Twenty-First Century,
is designed to undertake a rational,
independent review of health care
capacity and resources, and to make
recommendations for changes in the
distribution of health facility
resources consistent with its findings.
The outline below explains major
components of the Commission on Health
care Facilities in the Twenty-First
Century. These are:
I. Commission Membership
II. Regional Representation
III. Regulations Governing the
Commission
IV. Factors Considered by the
Commission
V. Regional Advisory Committees
VI. Report of the Commission
VII. Implementation of
Recommendations
Enabling legislation
By-Laws of the Commission
Commission Membership
The Commission will consist of 18
statewide members. The 18 statewide
members must be appointed within 45 days
from April 13, 2005. The Governor shall
appoint 12 members, one of whom shall be
designated as chair. The majority
leaders of both the Senate and the
Assembly shall each appoint 2 members of
the 18 statewide members, and the
minority leaders of both the Senate and
the Assembly shall each appoint 2
members of the 18 statewide members.
Regional
Representation
The act also establishes 6 regions
throughout the state, each of which will
have six regional members - of
the whom the Governor, the Temporary
President of the Senate and the Speaker
of the Assembly will each appoint two.
Regional members shall vote and be
counted for quorum purposes for the
statewide commission only when
the commission is acting on
recommendations relating solely to
the regional members' respective region.
Regional members shall not participate
in matters not specifically related the
members' region.
The 6 regions are as follows:
1. Long Island,
consisting of Nassau and Suffolk
counties;
2. New York City;
3. Hudson Valley,
consisting of Delaware, Dutchess,
Orange, Putnam, Rockland,
Sullivan, Ulster, Westchester
counties;
4. Northern,
consisting of Albany, Clinton,
Columbia, Essex, Franklin,
Fulton, Greene, Hamilton,
Montgomery, Otsego, Rensselaer,
Saratoga, Schenectady,
Schoharie, Warren, Washington
counties;
5. Central, consisting
of Broome, Cayuga, Chemung,
Chenango, Cortland, Herkimer,
Jefferson, Lewis, Livingston,
Madison, Monroe, Oneida,
Onondaga, Ontario, Oswego,
Schuyler, Seneca, St. Lawrence,
Steuben, Tioga, Tompkins, Wayne,
Yates counties; and
6. Western, consisting
of Allegany, Cattaraugus,
Chautauqua, Erie, Genesee,
Niagara, Orleans, Wyoming
counties.
Regulations Governing
the Commission
All 18 commission members and all 36
regional members will be subject to the
same conflict of interest
provisions that apply to members of the
State Hospital Review and Planning
Council.
The commission will begin to act 45
days after April 13, 2005, the date the
act became law. A simple majority of the
members authorized to participate in a
particular action will suffice for
purposes of establishing a quorum and
for approval of any matter.
The Commissioner of Health shall
appoint one or more liaisons between the
department and the commission. The
Director of the Dormitory Authority, as
well as all state agencies, public
authorities and public benefit
corporations shall provide such
assistance as may be reasonably
requested by the chair of the
commission.
Factors To Be Considered by the
Commission
The commission shall make
recommendations to the health
care system of general hospitals and
nursing homes in New York State in light
of, but not limited to, the following
factors:
the need for capacity;
the existing capacity in
each region;
the economic impact of
right sizing on the state
and/or the region, including
the capacity of the system
to provide employment or
training to health care
providers affected;
the Financial status of
general hospitals and
nursing homes, including
capital debt and revenues;
the availability of
alternative sources of
funding with regard to
capital debt and a plan for
retiring such debt;
the availability of other
health care services in the
affected areas;
the potential for
converting facilities to
uses other than for health
care;
the extent to which the
facility serves the health
care needs for the region;
the extent to which the
actions recommended by the
commission would result in
greater stability and
efficiency in the delivery
of needed health care
services for a community
The Commissioner of Health and the
Director of the Dormitory Authority
shall submit information relevant to
make recommendations based on the
above-listed factors. Additionally, the
Commissioner of Health shall submit to
the commission information from (i)
operating certificate files, (ii)
institutional cost reports, (iii)
facility occupancy reports, (iv) annual
reports of the certificate of need
program, and (v) the statewide planning
and research cooperative system. Such
additional information shall not be
subject to disclosure pursuant to the
freedom of information law.
Deliberations may be conducted in
person or by means of conference
telephone, conference video or similar
communications. Meetings of the
commission will be subject to the
open meetings law. The commission
shall collaborate with regional advisory
committees, solicit input from, foster
discussions among, and conduct formal
public hearing with statewide and
regional stakeholders, who shall
include, but not be limited to,
community-based organizations, health
care providers, labor unions, payers,
businesses and consumers. The commission
must formally solicit recommendations
from health care experts, county health
departments, community-based
organizations, state and regional health
care industry associations, labor unions
and other interested parties.
Regional Advisory Committees
The commission shall establish
regional advisory committees, the
maximum membership of which shall be
determined by the commission. The
members of the regional advisory
committees shall be appointed in equal
numbers by the Governor, the Temporary
President of the Senate and the Speaker
of the Assembly, and not later than 90
days after April 13, 2005.
"Each regional advisory
committee shall develop
recommendations for
reconfiguring its region's
general hospital and nursing
home bed supply to align bed
supply with regional and local
needs."
Regional advisory committees shall
solicit input from, foster discussions
among, and conduct formal public hearing
with stakeholders from within their
region. Stakeholders shall include, but
not be limited to, community-based
organizations, health care providers,
labor unions, payers, businesses and
consumers. Each regional advisory
committee shall transmit
recommendations in a written report
on November 15, 2006 to the commission.
Such recommendations shall include: (i)
recommended dates by which such
actions should occur; (ii) necessary
investments, if any, including
any necessary workforce, training, or
other investments to ensure that
remaining facilities are able to
adequately provide services; and (iii)
the regional advisory committee's
justification for its
recommendations.
Report of the
Commission
The report containing the
Commission's Recommendations:
shall be transmitted to the
Governor and the Legislature on
or before December 1, 2006;
must be region specific, and
shall not reference more than
one region for a specific
action;
must estimate efficiencies
that may be derived from
recommended reconfiguration;
shall include:
recommended dates
by which such actions should
occur;
necessary
investments, if any,
including any necessary
workforce, training, or
other investments to ensure
that remaining facilities
are able to adequately
provide services;
commissions response to
recommendations of regional
advisory committees; and
the commission's
justification for its
recommendations.
The commission's report may
include:
recommended changes on a
streamlined regulatory
process to address the
provision of needed
community health services;
recommended changes to
general hospital and nursing
home reimbursement systems;
and
a summary of solicited
information.
Implementation of
Recommendations
If the Governor transmits the
commission's report with his
written approval to the legislature by
December 5, 2006, and a majority of the
legislature does not reject the
recommendations in their entirety by
December 31, 2006, then notwithstanding
provisions of the Public Health Law, the
Commissioner of Health shall take all
actions necessary to implement, in a
reasonable, cost-efficient manner, the
recommendations of the commission,
including, but not limited to: (i)
coordination with local government,
management and labor representatives of
affected facilities, and other parties
as the commissioner deems appropriate;
(ii) the rescission of operating
certificates; and (iii) expediting
consideration of such applications for
consolidation, conversion or
restructuring of existing health care
facilities, consistent with commission
recommendations. The Commissioner
shall take all steps necessary to
protect patient safety and preserve
patient medical records.
Enabling legislation
By-Laws of the Commission
|
