N.Y. Public Health Law § 2904: State hospital review and planning council

§ 2904. State hospital review and planning council. (c) The governor

shall approve each health systems agency with a defined geographical

boundary, which shall consist of areas entirely within New York state

except in those areas where a bi-state planning agreement exists. Such

an agreement, subject to regulations promulgated by the commissioner of

health, shall include but need not be limited to the following

provisions: standards for equitable representation of board membership

from each state; boundaries that are consistent with medical trade

patterns; provisions for financial support from each state; and

comparable policies and procedures to be implemented by the bi-state

health systems agency in evaluating the availability and need for

hospital or other health care facilities or services and governing the

collection of data and statistics for health planning. Any such bi-state

agreement shall be signed by the governor of each state or their

designee or the state's commissioner or secretary of health or their

designee. The governor shall also adopt standards for the approval of

all health systems agencies. The standards shall also include the

applicable requirements of any other state or federal law. The charter

or by-laws of every health systems agency must meet such standards.

Failure to meet the standards or failure thereafter to maintain such

standards shall result in the automatic withdrawal of the approval given

to the health systems agency.

(d) To the maximum extent feasible, the boundaries of the health

service areas established by the governor shall be appropriately

coordinated with the boundaries of professional standards review

organizations, existing regional planning areas, and state planning and

administrative areas.

(g) Any health systems agency, with respect to any of the matters with

which it may deal may hold such public hearings as it may deem

appropriate and may require the submission of such information and

documents as it may deem appropriate.

(h) The members of any health systems agency shall receive no

compensation for their services but shall be reimbursed for expenses

actually and necessarily incurred in the performance of their duties.

(i) No civil action shall be brought in any court against any member,

officer or employee of the state council or of any health systems agency

for any act done, failure to act, or statement or opinion made, while

discharging his duties as a member, officer or employee of the state

council or agency, without leave from a justice of the supreme court,

first had and obtained. In any event such member, officer or employee

shall not be liable for damages in any such action if he shall have

acted in good faith, with reasonable care and upon probable cause.

* (j) The council may employ either directly or by contractual

arrangement such personnel necessary for the performance of its

functions and to assist it in rendering independent judgment.

* NB Expired January 1, 1986