§ 2904 — State hospital review and planning council

New York § 2904

• Jurisdiction: New York
• Law PBH: Public Health
• Art. 29: Hospital Survey, Planning and Review

Text

§ 2904. State hospital review and planning council. (c) The governor\nshall approve each health systems agency with a defined geographical\nboundary, which shall consist of areas entirely within New York state\nexcept in those areas where a bi-state planning agreement exists. Such\nan agreement, subject to regulations promulgated by the commissioner of\nhealth, shall include but need not be limited to the following\nprovisions: standards for equitable representation of board membership\nfrom each state; boundaries that are consistent with medical trade\npatterns; provisions for financial support from each state; and\ncomparable policies and procedures to be implemented by the bi-state\nhealth systems agency in evaluating the availability and need for\nhospital or other health care facilities or services and governing the\ncollection of data and statistics for health planning. Any such bi-state\nagreement shall be signed by the governor of each state or their\ndesignee or the state's commissioner or secretary of health or their\ndesignee. The governor shall also adopt standards for the approval of\nall health systems agencies. The standards shall also include the\napplicable requirements of any other state or federal law. The charter\nor by-laws of every health systems agency must meet such standards.\nFailure to meet the standards or failure thereafter to maintain such\nstandards shall result in the automatic withdrawal of the approval given\nto the health systems agency.\n (d) To the maximum extent feasible, the boundaries of the health\nservice areas established by the governor shall be appropriately\ncoordinated with the boundaries of professional standards review\norganizations, existing regional planning areas, and state planning and\nadministrative areas.\n (g) Any health systems agency, with respect to any of the matters with\nwhich it may deal may hold such public hearings as it may deem\nappropriate and may require the submission of such information and\ndocuments as it may deem appropriate.\n (h) The members of any health systems agency shall receive no\ncompensation for their services but shall be reimbursed for expenses\nactually and necessarily incurred in the performance of their duties.\n (i) No civil action shall be brought in any court against any member,\nofficer or employee of the state council or of any health systems agency\nfor any act done, failure to act, or statement or opinion made, while\ndischarging his duties as a member, officer or employee of the state\ncouncil or agency, without leave from a justice of the supreme court,\nfirst had and obtained. In any event such member, officer or employee\nshall not be liable for damages in any such action if he shall have\nacted in good faith, with reasonable care and upon probable cause.\n * (j) The council may employ either directly or by contractual\narrangement such personnel necessary for the performance of its\nfunctions and to assist it in rendering independent judgment.\n * NB Expired January 1, 1986\n