Section 213. New York state health care quality and cost containment commission

(a) There is hereby  established  within  the  department  a  commission,  to  be known as the "New York state health care quality and
  cost containment commission". The commission shall consist  of  thirteen
  members   appointed   by   the  governor,  one  of  whom  shall  be  the
  superintendent, one of whom shall be the commissioner of health, and six
  of whom shall be appointed on  the  recommendation  of  the  legislative
  leaders,  two  on  the  recommendation of the temporary president of the
  senate, two on the recommendation of the speaker of the assembly, one on
  the recommendation of the minority leader of the senate, and one on  the
  recommendation of the minority leader of the assembly. All members shall
  serve  at the pleasure of the governor, and vacancies shall be appointed
  in the same manner as original appointments. Members of  the  commission
  shall serve without compensation, but shall be reimbursed for reasonable
  travel  expenses. In making appointments to the commission, the governor
  shall  ensure  that  the  interests  of  health  care  consumers,  small
  businesses,  the  medical  community and health plans are represented on
  the commission.
    (b)(1) The purpose of the commission shall be to analyze the impact on
  health insurance costs and quality of proposed legislation  which  would
  mandate  that health benefits be offered or made available in individual
  and group health insurance policies, contracts and comprehensive  health
  service plans, including legislation that affects the delivery of health
  benefits or services or the reimbursement of health care providers.
    (2)  The governor, the chair of the senate insurance committee and the
  chair of the assembly insurance committee may request  in  writing  that
  the commission evaluate a proposed mandated benefit. Upon receiving such
  a  request,  the  commission  may,  by  a  majority vote of its members,
  undertake an evaluation of such proposed mandated benefit.
    (3) In evaluating a proposed mandated benefit, the commission shall:
    (A) investigate the current practices of health plans with  regard  to
  the  proposed mandated benefit, and, to the extent possible, self-funded
  health benefit plans;
    (B) investigate the potential premium impact of the proposed  mandated
  benefits  on  all  segments  of  the  insurance  market,  as well as the
  potential for avoided costs through early  detection  and  treatment  of
  conditions, or more cost-effective delivery of medical services; and
    (C) analyze the most current medical literature regarding the proposed
  mandated benefit to determine its impact on health care quality.
    (4) In evaluating a proposed mandated benefit, the commission may hold
  one  or more public hearings, and shall strive to obtain independent and
  verifiable  information  from  diverse  sources  within  the  healthcare
  industry,  medical community and among health care consumers with regard
  to the proposed mandated benefit.
    (c) To assist the commission in its duties, and upon the direction  of
  the  commission,  the  superintendent is authorized to enter into one or
  more  contracts  with  independent  entities  and   organizations   with
  demonstrable  expertise in health care quality, finance, utilization and
  actuarial services. For the purposes of this section, the superintendent
  shall  not  enter  into  contracts  with  health  plans,   entities   or
  organizations  owned  or controlled by health plans, or with significant
  business relationships with health plans.
    (d) Upon completion of its evaluation of a proposed  mandated  benefit
  pursuant  to this section, the commission shall deliver a written report
  of its findings to the chair of the assembly insurance committee and the
  chair of the senate insurance committee.