Section 2904. State hospital review and planning council

(a) There is
  hereby created  within  the  department  a  state  hospital  review  and
  planning  council  comprised  of  thirty-one  persons  appointed  by the
  governor by and with the advice and consent of  the  senate.  In  making
  such  appointments  the  governor  shall  consider  recommendations from
  agencies and organizations primarily concerned  with  hospital,  nursing
  home  and  medical  affairs.  The council shall be representative of the
  public including persons having capacities identified with consumers  of
  hospital  and  nursing home services. Membership on the council shall be
  reflective of the diversity of the state's population including, but not
  limited to,  the  various  geographic  areas  and  population  densities
  throughout  the  state. At least six members shall be persons engaged in
  hospital or nursing home work at the  policy  making  or  administrative
  level.  At  least  six members shall be duly licensed physicians. On and
  after April first, nineteen hundred seventy-three, at least  one  member
  of  the  council  shall be representative of home health agencies. On or
  after April first, nineteen hundred eighty-three, at least  two  members
  of  the  council shall be members of the mental health services council.
  No more than fifteen members of the  council  shall  be  physicians,  or
  persons engaged in full-time paid employment connected with hospitals or
  nursing homes. However, a change in the status or employment of a member
  of  the  council shall not require his or her resignation or a change in
  the composition of the council until further appointments are made.  The
  members of the council shall have fixed terms of three years except that
  ten  of  the initial appointments shall be for one year and ten shall be
  for two years and except that the term of  any  member  appointed  as  a
  member  of  the  mental health services council shall terminate upon the
  expiration of his or her term on the mental health services council.  No
  person  shall  be a member of the council for more than six years in any
  period of twelve consecutive years. The council shall meet at least four
  times in each full calendar year. Each vacancy shall  be  filled  by  an
  appointment  of the governor within one year of the date upon which such
  vacancy occurs.
    (b) The council  shall  consult  with  the  department  of  health  in
  carrying  out state plans submitted pursuant to the requirements of this
  article and the federal laws relating thereto.
    (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.
    (e)  The  council,  in  cooperation  with  the  various health systems
  agencies shall consider and advise in accordance with the provisions  of
  this   chapter   relative  to  applications  for  the  incorporation  or
  establishment of a new institution and the provisions  of  this  chapter
  relative  to  applications for the construction of a hospital as defined
  in article twenty-eight of this chapter. The state council shall consult
  with or otherwise obtain the advice of the health systems agency of  the
  area in which the institution is located or the health systems agency of
  areas  that  might  be substantially affected by the application. At the
  time members  of  the  council  are  notified  that  an  application  is
  scheduled for consideration, the applicant and the health systems agency
  shall  be  so  notified in writing. Before taking any action contrary to
  the advice of the health systems  agency  involved,  the  state  council
  shall  afford  them  an opportunity to request a public hearing in which
  each such agency and the applicant shall have the right to  participate;
  provided,  however,  that the council may take action without the advice
  of the health systems agency whenever such agency has not submitted such
  advice  within  the  time  period  applicable  to  the  review  of  such
  application.
    (f)  In  general  and  in  cooperation with the various health systems
  agencies, the council shall seek to improve the quality, efficiency  and
  economy  of  health  care  throughout  the state. The council shall also
  advise or assist any public agency with respect to these matters and any
  public agency or any prepayment health plan, at its request, as to those
  standards which will be conducive to public health and welfare.
    (g) The council and any health systems agency, with respect to any  of
  the  matters  with  which they may deal may hold such public hearings as
  they deem appropriate and may require the submission of such information
  and documents as they may deem appropriate.
    (h) The members of the council or 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
    (k)   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.