Current through Register Vol. 46, No. 39, September 25, 2024
WHEREAS, the State and the nation are engaged in an
unprecedented debate concerning reform of the national and State health care
systems, which has the potential for a profound impact on consumers and access
to affordable, high quality health care;
WHEREAS, that debate in New York will directly involve
health policy bodies within New York State government;
WHEREAS, it is essential that those bodies and the health
care reform debate be fully informed through the increased participation of
diverse consumers;
WHEREAS, significant efforts have been made to ensure that
consumers of diverse backgrounds are given an opportunity for a full role in
the formulation of the health care policy; and
WHEREAS, the number and diversity of participating
consumers should be enhanced through creation of an additional mechanism for
increasing the number and diversity of consumers available for
appointment;
NOW, THEREFORE, I, MARIO M. CUOMO, 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 order as follows:
A. Review of Health Care Bodies
1. The Commissioner of Health
("Commissioner") shall review the composition of health care policymaking and
advisory bodies to determine how many members are health care consumers or
representatives of health care consumers. This review shall include all
commissions, councils, and advisory boards, created by statute or otherwise,
with at least one member appointed by the Governor or the Commissioner of
Health.
2. The Commissioner shall
submit this information to the Governor as soon as possible, and no later than
November 1, 1994, and shall make it available to the public. The Commissioner
shall conduct the same review annually and submit such information to the
Governor on July 1, 1995, and the first day of July in each succeeding
year.
B. Health Care
Consumer Advisory Committee
1. The
Commissioner of Health shall appoint a Health Care Consumer Advisory Committee,
consisting of at least five health care consumers or consumer representatives,
who shall serve without compensation.
C. List of Available Consumer Representatives
1. The Health Care Consumer Advisory
Committee shall assist the Commissioner in compiling a diverse list of
consumers and consumer representatives who will be available to serve as
consumer representatives on health care policymaking and advisory bodies as
vacancies in such bodies occur.
2.
The Commissioner is directed to compile such a list as soon as practicable, and
to make it available to the public. The Commissioner and the Health Care
Consumer Advisory Committee shall encourage members of the public, including
members of diverse communities from diverse backgrounds, and State agencies, to
submit names for consideration, in order to increase the number and diversity
of participating consumers.
3. This
list of health care consumers and consumer representatives may include any
member of the public or any member of a non-partisan labor, religious, human
service or consumer organization who has a demonstrated knowledge of health
care policy issues from a consumer perspective or of the impact of the health
care delivery system in New York on consumers, and who is committed to
representing consumers fairly. The list shall not include any person who in the
judgment of the Commissioner has a conflict of interest. In addition, such list
may not include any person who is directly and substantially involved in the
delivery of health care in a management or leadership role, is a licensed or
paid employee or principal of a health care insurer or health care plan, is a
licensed or paid employee or principal of a supplier or manufacturer of medical
care goods and services, including drugs and devices, or is a licensed or paid
employee or principal of a provider of health care services; provided that such
persons may be included in unusual circumstances and after consultation with
the Health Care Consumer Advisory Committee and when such person has an unusual
capacity to articulate and represent consumer interests.
D. Training
1. Recognizing the complexity of health care
issues and the degree of knowledge and familiarity often required to contribute
to the work of health care policymaking and advisory bodies, the Commissioner
shall provide training and orientation for consumer appointees. That training
shall be designed to enable consumer appointees to participate effectively in
their respective bodies.
E. Report on Impediments to Participation
1. The Commissioner shall study and identify
impediments to the increased participation of consumers and consumer
representatives on the State's health care policymaking and advisory bodies,
including expenses and the time, place and frequency of meetings. As part of
that study, the Commissioner shall consult with the Health Care Consumer
Advisory Committee and health care consumer organizations.
2. The Commissioner shall submit a report on
the results of this study to the Governor by January 1, 1995, together with
recommendations for encouraging diverse and increased consumer participation.
The study shall be made available to the public.
Signed: Mario M. CuomoDated: September 28, 1994
[FN*] [Revoked by Executive Order No. 9 (David A.
Paterson), infra.]
[Revoked by Executive Order No. 2 (Andrew M. Cuomo),
infra.]