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.]
N.Y. Comp. Codes R. & Regs. Tit. 9 § 4.188