Bill Text: NY S04364 | 2015-2016 | General Assembly | Introduced
Bill Title: Establishes an office of the independent public advocate and makes an appropriation therefor.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO FINANCE [S04364 Detail]
Download: New_York-2015-S04364-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4364 2015-2016 Regular Sessions I N S E N A T E March 17, 2015 ___________ Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the executive law, in relation to establishing an office of the independent public advocate and making an appropriation there- for THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The executive law is amended by adding a new article 4-B to 2 read as follows: 3 ARTICLE 4-B 4 OFFICE OF THE INDEPENDENT PUBLIC ADVOCATE 5 SECTION 56. ESTABLISHMENT AND ORGANIZATION. 6 57. DUTIES AND RESPONSIBILITIES. 7 S 56. ESTABLISHMENT AND ORGANIZATION. 1. THERE IS HEREBY ESTABLISHED 8 THE OFFICE OF THE INDEPENDENT PUBLIC ADVOCATE. THE INDEPENDENT PUBLIC 9 ADVOCATE SHALL BE APPOINTED BY A SPECIAL COMMITTEE ESTABLISHED FOR THIS 10 PURPOSE. SUCH OFFICE SHALL BE INDEPENDENT OF THE DEPARTMENT OF HEALTH 11 AND OF ANY OTHER OFFICE, AGENCY, BOARD OR COMMISSION OF THE STATE OR ANY 12 OF ITS POLITICAL SUBDIVISIONS. 13 2. A. THE SPECIAL COMMITTEE SHALL CONSIST OF ELEVEN MEMBERS: 14 (I) THREE MEMBERS SHALL BE APPOINTED BY THE GOVERNOR; 15 (II) THREE MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF 16 THE SENATE; 17 (III) THREE MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY; 18 (IV) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE 19 ASSEMBLY; AND 20 (V) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE 21 SENATE. 22 B. MEMBERS OF THE COMMITTEE SHALL POSSESS EXTENSIVE KNOWLEDGE AND 23 EXPERIENCE IN HEALTH POLICY AND FINANCE. THE MEMBERS OF THE SPECIAL 24 COMMITTEE SHALL NOT BE PAID A SALARY OR STIPEND. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09836-03-5 S. 4364 2 1 3. THE SPECIAL COMMITTEE, PURSUANT TO A PUBLICLY-INCLUSIVE SCREENING 2 AND INTERVIEW PROCESS, SHALL APPOINT THE INDEPENDENT PUBLIC ADVOCATE. 3 THE INDEPENDENT PUBLIC ADVOCATE SHALL NOT BE PAID A SALARY OR STIPEND. 4 THE INDEPENDENT PUBLIC ADVOCATE SHALL BE APPOINTED WITHOUT REGARD TO 5 POLITICAL AFFILIATION AND SOLELY ON THE BASIS OF FITNESS TO PERFORM THE 6 DUTIES OF THE OFFICE, AND SHALL SERVE A FOUR YEAR TERM. THE INDEPENDENT 7 PUBLIC ADVOCATE MAY BE REMOVED ONLY FOR CAUSE. IN THE EVENT OF A VACAN- 8 CY, THE INDIVIDUAL APPOINTED TO FILL THE VACANCY SHALL BE APPOINTED 9 PURSUANT TO THIS SECTION, AND SERVE ONLY FOR THE UNEXPIRED PORTION OF 10 THE TERM. THE INDEPENDENT PUBLIC ADVOCATE MAY EMPLOY AND AT THEIR PLEAS- 11 URE REMOVE SUCH PERSONNEL AS THEY DEEM NECESSARY FOR THE PERFORMANCE OF 12 THE OFFICE, AND MAY FIX THEIR COMPENSATION WITH AMOUNTS AVAILABLE THERE- 13 FOR. 14 4. THE SPECIAL COMMITTEE SHALL BE DISSOLVED AFTER THE APPOINTMENT OF 15 THE INDEPENDENT PUBLIC ADVOCATE. IN THE EVENT OF A VACANCY, A NEW 16 SPECIAL COMMITTEE SHALL BE APPOINTED PURSUANT TO SUBDIVISION TWO OF THIS 17 SECTION. 18 S 57. DUTIES AND RESPONSIBILITIES. 1. THE INDEPENDENT PUBLIC ADVOCATE 19 SHALL MONITOR THE DELIVERY SYSTEM REFORM INCENTIVE PAYMENT (DSRIP) 20 PROGRAM AND PROVIDE THE LEGISLATURE AND THE PUBLIC WITH INFORMATION 21 REGARDING THE IMPLEMENTATION OF THE DSRIP PROGRAM INCLUDING THE DISTRIB- 22 UTION OF FUNDS SUCH AS DSRIP PLANNING GRANTS, DSRIP PROVIDER INCENTIVE 23 PAYMENTS, AND DSRIP ADMINISTRATIVE COSTS. THE INDEPENDENT PUBLIC ADVO- 24 CATE SHALL ALSO ISSUE REGULAR REPORTS TO ENHANCE OFFICIAL AND PUBLIC 25 UNDERSTANDING OF THE DSRIP PROGRAM INCLUDING MATTERS RELATED TO EXPENDI- 26 TURES OR FINANCIAL MANAGEMENT PRACTICES. 27 2. THE INDEPENDENT PUBLIC ADVOCATE SHALL BE AUTHORIZED TO SECURE SUCH 28 INFORMATION, DATA, ESTIMATES AND STATISTICS FROM ALL AGENCIES AND PUBLIC 29 ENTITIES INVOLVED IN THE IMPLEMENTATION AND DISTRIBUTION OF FUNDS FOR 30 THE DSRIP PROGRAM. SUCH AGENCIES AND ENTITIES SHALL PROVIDE SUCH INFOR- 31 MATION, TO THE EXTENT THAT IT IS AVAILABLE, IN A TIMELY FASHION. 32 3. THE INDEPENDENT PUBLIC ADVOCATE SHALL MAKE ALL INFORMATION, DATA, 33 ESTIMATES, AND STATISTICS OBTAINED UNDER THIS SECTION, AND ALL REPORTS 34 PREPARED BY THE OFFICE, AVAILABLE FOR PUBLIC INSPECTION. 35 S 2. The sum of one hundred thousand dollars ($100,000), or so much 36 thereof as may be necessary, is hereby appropriated to the office of the 37 independent public advocate out of any moneys in the state treasury in 38 the general fund to the credit of the state purposes account, not other- 39 wise appropriated, and made immediately available, for the purpose of 40 carrying out the provisions of this act. Such moneys shall be payable on 41 the audit and warrant of the comptroller on vouchers certified or 42 approved by the comptroller in the manner prescribed by law. 43 S 3. This act shall take effect on the ninetieth day after it shall 44 have become a law.