NY State Senate Bill 2015-S1112A

Senate Bill S1112A

2015-2016 Legislative Session

Directs the department of health to convene a health technology assessment committee to advise the commissioner of health on coverage of health technology under the medical assistance program; repealer

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to health
Jun 25, 2015	committed to rules
Mar 19, 2015	advanced to third reading
Mar 18, 2015	2nd report cal.
Mar 17, 2015	1st report cal.253
Mar 11, 2015	print number 1112a
Mar 11, 2015	amend and recommit to health
Jan 08, 2015	referred to health

Votes

- Mar 17, 2015 - Health Committee Vote
  S1112A
  
  17
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Mar 17, 2015
      
      aye (17)
      
      Farley
      
      Felder
      
      Golden
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Larkin
      
      Little
      
      Martins
      
      Montgomery
      
      Murphy
      
      Panepinto
      
      Rivera
      
      Seward
      
      Stavisky
      
      Valesky
      
      Young

Bill Amendments

Original

A (Active)

2015-S1112 - Details

See Assembly Version of this Bill:: A6227
Current Committee:: Senate Health
Law Section:: Social Services Law
Laws Affected:: Rpld & add §365-d, Soc Serv L
Versions Introduced in 2013-2014 Legislative Session:: S4509, A7528

2015-S1112 - Summary

Directs the department of health to convene a health technology assessment committee to advise the commissioner of health on coverage of health technology under the medical assistance program.

2015-S1112 - Sponsor Memo

                                BILL NUMBER:S1112

TITLE OF BILL:

An act to amend the social services law, in relation to establishing a
health technology assessment committee within the medical assistance
program; and to repeal section 365-d of such law relating to early and
periodic screening diagnosis and treatment outreach demonstration
projects

PURPOSE:

This bill establishes a committee to provide advice and
recommendations to the Department of Health regarding Medicaid
coverage of medical devices and surgical procedures thus enhancing
transparency and public participation in the process.

SUMMARY OF PROVISIONS:

Section 1 of the bill repeals the existing section 365-d of the social
services law which was a demonstration program that expired in June
1983. A new section 365-d is added to the social services law to
establish a health technology assessment committee which would provide
advice and recommendations to the commissioner for purposes of health
technology (i.e. medical device and surgical procedure) coverage
determinations. Section 1 also authorizes the commissioner to appoint

members to the committee and defines committee members' qualifications
including representatives of consumer groups and health professions.
The committee would be a public committee for purposes of the open
meetings law, the public would receive notice of the committee's
deliberations and have an opportunity to provide comment.

Section 2 of the bill is the effective date.

JUSTIFICATION:

Medical technology, including medical devices and surgical procedures
have greatly improved health care, reduced health expenditures, and
reduced medical errors. Medical technology is subject to extensive
review at the federal level including review by the Agency for
Healthcare Quality and Research, the Food and Drug Administration, and
the Centers for Medicare and Medicaid Services. New York, through its
efforts to reform the Medicaid system, has begun to examine some
medical technology to determine if particular applications should
continue to be covered by the Medicaid program. This bill insures that
such decision are made with ample opportunity for input and
transparency.

The Department of Health has implemented a health care technology
assessment process through one of its MRT workgroups which has led to
the exclusion of certain devices and procedures from coverage by the
medical assistance program. While it is important to closely evaluate
expenditures and benefits within the publically funded Medicaid
program, decisions must be made based upon sound evidence, with as
much information as possible available and in a transparent manner.
This legislation is modeled on the Drug Utilization Board which is
established to review and make recommendations to the Department on


changes to pharmaceutical benefits under the Medicaid Program. It
would open the Department's health technology assessment process to
similar public participation and review, creating the needed
transparency and accountability. Public participation would also
provide the Department the benefit of stakeholder input which will
improve the Department's deliberations.

LEGISLATIVE HISTORY:

S.4509 of 2014

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

Immediately.

2015-S1112 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1112

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the social services law, in relation to  establishing  a
  health  technology  assessment committee within the medical assistance
  program; and to repeal section 365-d of such law relating to early and
  periodic screening  diagnosis  and  treatment  outreach  demonstration
  projects

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 365-d of the social services law is REPEALED and  a
new section 365-d is added to read as follows:
  S  365-D.  HEALTH  TECHNOLOGY  ASSESSMENT COMMITTEE. 1. THE DEPARTMENT
SHALL CONVENE A HEALTH TECHNOLOGY ASSESSMENT  COMMITTEE.  THE  COMMITTEE
SHALL,  AT  THE  REQUEST  OF  THE  COMMISSIONER, PROVIDE ADVICE AND MAKE
RECOMMENDATIONS REGARDING COVERAGE OF HEALTH TECHNOLOGY FOR PURPOSES  OF
THE  MEDICAL  ASSISTANCE  PROGRAM.  THE  COMMISSIONER SHALL CONSULT SUCH
COMMITTEE PRIOR TO ANY DETERMINATION TO EXCLUDE FROM COVERAGE ANY HEALTH
TECHNOLOGY FROM THE MEDICAL ASSISTANCE PROGRAM.  FOR  PURPOSES  OF  THIS
SECTION,  "HEALTH  TECHNOLOGY" MEANS MEDICAL DEVICES AND SURGICAL PROCE-
DURES USED IN THE PREVENTION, DIAGNOSIS AND  TREATMENT  OF  DISEASE  AND
OTHER MEDICAL CONDITIONS.
  2.  (A)  THE  HEALTH  TECHNOLOGY ASSESSMENT COMMITTEE SHALL CONSIST OF
THIRTEEN MEMBERS, WHO SHALL BE APPOINTED BY  THE  COMMISSIONER  AND  WHO
SHALL  SERVE  THREE YEAR TERMS; EXCEPT THAT FOR THE INITIAL APPOINTMENTS
TO THE COMMITTEE, FIVE MEMBERS SHALL SERVE ONE YEAR TERMS, FIVE  MEMBERS
SHALL  SERVE  TWO  YEAR  TERMS, AND THREE MEMBERS SHALL SERVE THREE YEAR
TERMS. COMMITTEE MEMBERS MAY BE REAPPOINTED UPON THE COMPLETION OF THEIR
TERMS. WITH THE EXCEPTION OF THE CHAIRPERSON, NO MEMBER OF THE COMMITTEE
SHALL BE AN EMPLOYEE OF THE STATE OR ANY POLITICAL  SUBDIVISION  OF  THE
STATE, OTHER THAN FOR HIS OR HER MEMBERSHIP ON THE COMMITTEE, EXCEPT FOR
EMPLOYEES  OF  HEALTH  CARE  FACILITIES  OR UNIVERSITIES OPERATED BY THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04020-01-5

S. 1112                             2

STATE, A PUBLIC BENEFIT CORPORATION, THE STATE UNIVERSITY OF NEW YORK OR
MUNICIPALITIES.
  (B) THE MEMBERSHIP OF SUCH COMMITTEE SHALL BE AS FOLLOWS:
  (I) SIX PERSONS LICENSED AND ACTIVELY ENGAGED IN THE PRACTICE OF MEDI-
CINE IN THIS STATE;
  (II) ONE PERSON LICENSED AND ACTIVELY ENGAGED IN THE PRACTICE OF NURS-
ING  AS  A  NURSE  PRACTITIONER, OR IN THE PRACTICE OF MIDWIFERY IN THIS
STATE;
  (III) ONE PERSON WHO IS A REPRESENTATIVE OF  A  HEALTH  TECHNOLOGY  OR
MEDICAL  DEVICE  ORGANIZATION  WITH  A  REGIONAL,  STATEWIDE OR NATIONAL
CONSTITUENCY AND WHO IS A HEALTH CARE PROFESSIONAL LICENSED UNDER  TITLE
EIGHT OF THE EDUCATION LAW;
  (IV)  ONE PERSON WITH EXPERTISE IN HEALTH TECHNOLOGY ASSESSMENT WHO IS
A HEALTH CARE PROFESSIONAL LICENSED UNDER TITLE EIGHT OF  THE  EDUCATION
LAW;
  (V)  THREE PERSONS WHO SHALL BE CONSUMERS OR REPRESENTATIVES OF ORGAN-
IZATIONS WITH A REGIONAL OR STATEWIDE CONSTITUENCY  AND  WHO  HAVE  BEEN
INVOLVED IN ACTIVITIES RELATED TO HEALTH CARE CONSUMER ADVOCACY; AND
  (VI) A MEMBER OF THE DEPARTMENT WHO SHALL ACT AS CHAIRPERSON AS DESIG-
NATED BY THE COMMISSIONER.
  3.  THE  HEALTH TECHNOLOGY ASSESSMENT COMMITTEE SHALL BE A PUBLIC BODY
UNDER ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW AND  SUBJECT  TO  ARTICLE
SIX  OF  THE  PUBLIC OFFICERS LAW. THE DEPARTMENT SHALL PROVIDE INTERNET
ACCESS TO ALL  MEETINGS  OF  SUCH  COMMITTEE  THROUGH  THE  DEPARTMENT'S
WEBSITE.
  4.  THE  MEMBERS  OF  THE HEALTH TECHNOLOGY ASSESSMENT COMMITTEE SHALL
RECEIVE NO COMPENSATION FOR THEIR SERVICES BUT SHALL BE  REIMBURSED  FOR
EXPENSES  ACTUALLY  AND NECESSARILY INCURRED IN THE PERFORMANCE OF THEIR
DUTIES. COMMITTEE MEMBERS SHALL BE DEEMED TO BE EMPLOYEES OF THE DEPART-
MENT FOR PURPOSES OF SECTION SEVENTEEN OF THE PUBLIC OFFICERS  LAW,  AND
SHALL  NOT  PARTICIPATE  IN  ANY MATTER FOR WHICH A CONFLICT OF INTEREST
EXISTS.
  5. THE HEALTH TECHNOLOGY ASSESSMENT COMMITTEE SHALL, AT THE REQUEST OF
THE COMMISSIONER, CONSIDER ANY  MATTER  RELATING  TO  HEALTH  TECHNOLOGY
ASSESSMENT.  THE COMMISSIONER SHALL PROVIDE THIRTY DAYS PUBLIC NOTICE ON
THE DEPARTMENT'S WEBSITE PRIOR TO ANY MEETING OF THE COMMITTEE TO DEVEL-
OP RECOMMENDATIONS CONCERNING HEALTH TECHNOLOGY COVERAGE DETERMINATIONS.
SUCH NOTICE SHALL INCLUDE A DESCRIPTION OF THE PROPOSED HEALTH TECHNOLO-
GY TO BE REVIEWED, THE CONDITIONS OR DISEASES  IMPACTED  BY  THE  HEALTH
TECHNOLOGY,  AND  THE  PROPOSALS TO BE CONSIDERED BY THE COMMITTEE.  THE
COMMITTEE SHALL ALLOW INTERESTED PARTIES  A  REASONABLE  OPPORTUNITY  TO
MAKE  AN  ORAL PRESENTATION TO THE COMMITTEE RELATED TO THE HEALTH TECH-
NOLOGY TO BE REVIEWED AND TO SUBMIT WRITTEN INFORMATION.  THE  COMMITTEE
SHALL CONSIDER ANY INFORMATION PROVIDED BY ANY INTERESTED PARTY, INCLUD-
ING,  BUT NOT LIMITED TO, HEALTH CARE PROVIDERS, HEALTH CARE FACILITIES,
PATIENTS, CONSUMERS AND MANUFACTURERS.
  6. THE COMMISSIONER SHALL PROVIDE NOTICE OF ANY  COVERAGE  RECOMMENDA-
TIONS DEVELOPED BY THE COMMITTEE BY MAKING SUCH INFORMATION AVAILABLE ON
THE DEPARTMENT'S WEBSITE. SUCH PUBLIC NOTICE SHALL INCLUDE: A SUMMARY OF
THE  DELIBERATIONS OF THE COMMITTEE; A SUMMARY OF THE POSITIONS OF THOSE
MAKING PUBLIC COMMENTS AT MEETINGS OF THE COMMITTEE; THE RESPONSE OF THE
COMMITTEE TO THOSE COMMENTS, IF ANY; THE CLINICAL  EVIDENCE  UPON  WHICH
THE COMMITTEE BASES ITS RECOMMENDATION; AND THE FINDINGS AND RECOMMENDA-
TIONS OF THE COMMITTEE.
  7.  THE  COMMISSIONER  SHALL PROVIDE PUBLIC NOTICE ON THE DEPARTMENT'S
WEBSITE OF HIS OR HER FINAL DETERMINATION, INCLUDING: THE NATURE OF  THE

S. 1112                             3

DETERMINATION;  AN ANALYSIS OF THE IMPACT OF THE COMMISSIONER'S DETERMI-
NATION ON STATE PUBLIC HEALTH PLAN POPULATIONS AND  PROVIDERS;  AND  THE
PROJECTED  FISCAL IMPACT TO THE STATE PUBLIC HEALTH PLAN PROGRAMS OF THE
COMMISSIONER'S  DETERMINATION.  THE  COMMISSIONER'S  FINAL DETERMINATION
SHALL NOT OCCUR PRIOR TO THE THIRTIETH  DAY  FROM  THE  POSTING  OF  THE
COMMITTEE'S RECOMMENDATIONS AND FINDINGS ON THE DEPARTMENT'S WEBSITE.
  8.  THE RECOMMENDATIONS OF THE HEALTH TECHNOLOGY ASSESSMENT COMMITTEE,
MADE PURSUANT TO THIS SECTION, SHALL BE BASED ON CLINICAL  EFFECTIVENESS
AND  SAFETY. THE COMMITTEE SHALL TRIENNIALLY REVIEW PREVIOUS RECOMMENDA-
TIONS OF THE COMMITTEE AND PERMIT ORAL PRESENTATIONS AND THE  SUBMISSION
OF NEW EVIDENCE AT SUCH TRIENNIAL REVIEW. SUCH REVIEW SHALL OCCUR PURSU-
ANT  TO  THE  PROCEDURE ESTABLISHED IN SUBDIVISIONS FIVE AND SIX OF THIS
SECTION. THE COMMISSIONER MAY ALTER OR REVOKE HIS OR HER FINAL  DETERMI-
NATION AFTER SUCH TRIENNIAL REVIEW PURSUANT TO THE PROCEDURE ESTABLISHED
IN SUBDIVISION SEVEN OF THIS SECTION.
  9.  THE DEPARTMENT SHALL PROVIDE ADMINISTRATIVE SUPPORT TO THE COMMIT-
TEE.
  S 2. This act shall take effect immediately.

2015-S1112A (ACTIVE) - Details

See Assembly Version of this Bill:: A6227
Current Committee:: Senate Health
Law Section:: Social Services Law
Laws Affected:: Rpld & add §365-d, Soc Serv L
Versions Introduced in 2013-2014 Legislative Session:: S4509, A7528

2015-S1112A (ACTIVE) - Summary

Directs the department of health to convene a health technology assessment committee to advise the commissioner of health on coverage of health technology under the medical assistance program.

2015-S1112A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1112A

TITLE OF BILL:  An act to amend the social services law, in relation
to establishing a health technology assessment committee within the
medical assistance program; and to repeal section 365-d of such law
relating to early and periodic screening diagnosis and treatment
outreach demonstration projects

PURPOSE:

This bill establishes a committee to provide advice and
recommendations to the Department of Health regarding Medicaid
coverage of medical devices and surgical procedures thus enhancing
transparency and public participation in the process.

SUMMARY OF PROVISIONS:

Section 1 of the bill repeals the existing section 365-d of the social
services law which was a demonstration program that expired in June
1983. A new section 365-d is added to the social services law to
establish a health technology assessment committee which would provide
advice and recommendations to the commissioner for purposes of health
technology (i.e. medical device and surgical procedure) coverage
determinations. Section 1 also authorizes the commissioner to appoint
members to the committee and defines committee members' qualifications
including representatives of consumer groups, health professions,

insurers and others. The committee would be a public committee for
purposes of the open meetings law, the public would receive notice of
the committee's deliberations and have an opportunity to provide
comment.

Section 2 of the bill is the effective date.

JUSTIFICATION:

Medical technology, including medical devices and surgical procedures
have greatly improved health care, reduced health expenditures, and
reduced medical errors. Medical technology is subject to extensive
review at the federal level including review by the Agency for
Healthcare Quality and Research, the Food and Drug Administration, and
the Centers for Medicare and Medicaid Services. New York, through its
efforts to reform the Medicaid system, has begun to examine some
medical technology to determine if particular applications should
continue to be covered by the Medicaid program. This bill insures that
such decision are made with ample opportunity for input and
transparency.

The Department of Health has implemented a health care technology
assessment process through one of its MRT workgroups which has led to
the exclusion of certain devices and procedures from coverage by the
medical assistance program. While it is important to closely evaluate
expenditures and benefits within the publicly funded Medicaid program,
decisions must be made based upon sound evidence, with as much
information as possible available and in a transparent manner.  This
legislation is modeled on the Drug Utilization Board which is
established to review and make recommendations to the Department on
changes to pharmaceutical benefits under the Medicaid Program. It


would open the Department's health technology assessment process to
similar public participation and review, creating the needed
transparency and accountability. Public participation would also
provide the Department the benefit of stakeholder input which will
improve the Department's deliberations.

LEGISLATIVE HISTORY:

S.4509 of 2014

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

Immediately.

2015-S1112A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1112--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to amend the social services law, in relation to establishing a
  health technology assessment committee within the  medical  assistance
  program; and to repeal section 365-d of such law relating to early and
  periodic  screening  diagnosis  and  treatment  outreach demonstration
  projects

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 365-d of the social services law is REPEALED and a
new section 365-d is added to read as follows:
  S 365-D. HEALTH TECHNOLOGY ASSESSMENT  COMMITTEE.  1.  THE  DEPARTMENT
SHALL  CONVENE  A  HEALTH TECHNOLOGY ASSESSMENT COMMITTEE. THE COMMITTEE
SHALL, AT THE REQUEST OF  THE  COMMISSIONER,  PROVIDE  ADVICE  AND  MAKE
RECOMMENDATIONS  REGARDING COVERAGE OF HEALTH TECHNOLOGY FOR PURPOSES OF
THE MEDICAL ASSISTANCE PROGRAM.  THE  COMMISSIONER  SHALL  CONSULT  SUCH
COMMITTEE PRIOR TO ANY DETERMINATION TO EXCLUDE FROM COVERAGE ANY HEALTH
TECHNOLOGY  FROM  THE  MEDICAL  ASSISTANCE PROGRAM. FOR PURPOSES OF THIS
SECTION, "HEALTH TECHNOLOGY" MEANS MEDICAL DEVICES AND  SURGICAL  PROCE-
DURES  USED  IN  THE  PREVENTION, DIAGNOSIS AND TREATMENT OF DISEASE AND
OTHER MEDICAL CONDITIONS.
  2. (A) THE HEALTH TECHNOLOGY ASSESSMENT  COMMITTEE  SHALL  CONSIST  OF
THIRTEEN  MEMBERS, SEVEN OF WHOM SHALL BE APPOINTED BY THE COMMISSIONER,
THREE MEMBERS SHALL BE APPOINTED  BY  THE  TEMPORARY  PRESIDENT  OF  THE
SENATE,  AND  THREE  MEMBERS  SHALL  BE  APPOINTED BY THE SPEAKER OF THE
ASSEMBLY. MEMBERS SHALL SERVE THREE YEAR  TERMS;  EXCEPT  THAT  FOR  THE
INITIAL  APPOINTMENTS  TO  THE COMMITTEE, THREE MEMBERS APPOINTED BY THE
COMMISSIONER, AND ONE OF THE MEMBERS APPOINTED BY THE  TEMPORARY  PRESI-
DENT  OF  THE SENATE AND BY THE SPEAKER OF THE ASSEMBLY, SHALL SERVE ONE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04020-03-5

S. 1112--A                          2

YEAR TERMS, THREE MEMBERS APPOINTED BY THE COMMISSIONER, AND ONE OF  THE
MEMBERS  APPOINTED  BY  THE TEMPORARY PRESIDENT OF THE SENATE AND BY THE
SPEAKER OF THE ASSEMBLY, SHALL SERVE TWO YEAR TERMS; AND  THE  REMAINING
THREE  MEMBERS  SHALL  SERVE  THREE YEAR TERMS. COMMITTEE MEMBERS MAY BE
REAPPOINTED UPON THE COMPLETION OF THEIR TERMS. WITH  THE  EXCEPTION  OF
THE  CHAIRPERSON, NO MEMBER OF THE COMMITTEE SHALL BE AN EMPLOYEE OF THE
STATE OR ANY POLITICAL SUBDIVISION OF THE STATE, OTHER THAN FOR  HIS  OR
HER  MEMBERSHIP  ON  THE  COMMITTEE, EXCEPT FOR EMPLOYEES OF HEALTH CARE
FACILITIES OR UNIVERSITIES OPERATED  BY  THE  STATE,  A  PUBLIC  BENEFIT
CORPORATION, THE STATE UNIVERSITY OF NEW YORK OR MUNICIPALITIES.
  (B) THE MEMBERSHIP OF SUCH COMMITTEE SHALL BE AS FOLLOWS:
  (I)  THREE  PERSONS  LICENSED  AND ACTIVELY ENGAGED IN THE PRACTICE OF
MEDICINE IN THIS STATE;
  (II) ONE PERSON LICENSED AND ACTIVELY ENGAGED IN THE PRACTICE OF NURS-
ING AS A NURSE PRACTITIONER, OR IN THE PRACTICE  OF  MIDWIFERY  IN  THIS
STATE;
  (III)  ONE  PERSON  WHO  IS A REPRESENTATIVE OF A HEALTH TECHNOLOGY OR
MEDICAL DEVICE ORGANIZATION  WITH  A  REGIONAL,  STATEWIDE  OR  NATIONAL
CONSTITUENCY;
  (IV)  ONE PERSON WITH EXPERTISE IN HEALTH TECHNOLOGY ASSESSMENT WHO IS
A HEALTH CARE PROFESSIONAL LICENSED UNDER TITLE EIGHT OF  THE  EDUCATION
LAW;
  (V)  THREE PERSONS WHO SHALL BE CONSUMERS OR REPRESENTATIVES OF ORGAN-
IZATIONS WITH A REGIONAL OR STATEWIDE CONSTITUENCY  AND  WHO  HAVE  BEEN
INVOLVED IN ACTIVITIES RELATED TO HEALTH CARE CONSUMER ADVOCACY;
  (VI)  ONE  PERSON  WHO  IS A REPRESENTATIVE OF A HOSPITAL ORGANIZATION
WITH A REGIONAL, NATIONAL OR STATEWIDE CONSTITUENCY;
  (VII) ONE PERSON WHO IS A REPRESENTATIVE  OF  A  HEALTH  INSURANCE  OR
MANAGED CARE ORGANIZATION WITH A REGIONAL, NATIONAL OR STATEWIDE CONSTI-
TUENCY;
  (VIII) ONE PERSON WHO IS A HEALTH ECONOMIST; AND
  (IX) A MEMBER OF THE DEPARTMENT WHO SHALL ACT AS CHAIRPERSON AS DESIG-
NATED BY THE COMMISSIONER.
  (C) THE COMMITTEE MAY INVITE AND CONSULT WITH SCIENTIFIC, TECHNICAL OR
CLINICAL  EXPERTS  WITH  DEMONSTRATABLE  EXPERIENCE  OR KNOWLEDGE OF THE
TECHNOLOGY UNDER REVIEW.
  3. THE HEALTH TECHNOLOGY ASSESSMENT COMMITTEE SHALL BE A  PUBLIC  BODY
UNDER  ARTICLE  SEVEN  OF THE PUBLIC OFFICERS LAW AND SUBJECT TO ARTICLE
SIX OF THE PUBLIC OFFICERS LAW. THE DEPARTMENT  SHALL  PROVIDE  INTERNET
ACCESS  TO  ALL  MEETINGS  OF  SUCH  COMMITTEE  THROUGH THE DEPARTMENT'S
WEBSITE.
  4. THE MEMBERS OF THE HEALTH  TECHNOLOGY  ASSESSMENT  COMMITTEE  SHALL
RECEIVE  NO  COMPENSATION FOR THEIR SERVICES BUT SHALL BE REIMBURSED FOR
EXPENSES ACTUALLY AND NECESSARILY INCURRED IN THE PERFORMANCE  OF  THEIR
DUTIES. COMMITTEE MEMBERS SHALL BE DEEMED TO BE EMPLOYEES OF THE DEPART-
MENT  FOR  PURPOSES OF SECTION SEVENTEEN OF THE PUBLIC OFFICERS LAW, AND
SHALL NOT PARTICIPATE IN ANY MATTER FOR WHICH  A  CONFLICT  OF  INTEREST
EXISTS.
  5. THE HEALTH TECHNOLOGY ASSESSMENT COMMITTEE SHALL, AT THE REQUEST OF
THE  COMMISSIONER,  CONSIDER  ANY  MATTER  RELATING TO HEALTH TECHNOLOGY
ASSESSMENT.  THE COMMISSIONER SHALL PROVIDE  MEMBERS  OF  THE  COMMITTEE
WITH  ANY  EVIDENCE  OR  INFORMATION  RELATED  TO  THE HEALTH TECHNOLOGY
ASSESSMENT INCLUDING, BUT  NOT  LIMITED  TO,  INFORMATION  SUBMITTED  BY
MEMBERS OF THE PUBLIC.  THE COMMISSIONER SHALL PROVIDE SIXTY DAYS PUBLIC
NOTICE ON THE DEPARTMENT'S WEBSITE PRIOR TO ANY MEETING OF THE COMMITTEE
TO  DEVELOP RECOMMENDATIONS CONCERNING HEALTH TECHNOLOGY COVERAGE DETER-

S. 1112--A                          3

MINATIONS. SUCH NOTICE SHALL  INCLUDE  A  DESCRIPTION  OF  THE  PROPOSED
HEALTH TECHNOLOGY TO BE REVIEWED, THE CONDITIONS OR DISEASES IMPACTED BY
THE  HEALTH TECHNOLOGY, THE PROPOSALS TO BE CONSIDERED BY THE COMMITTEE,
AND THE SYSTEMATIC EVIDENCE-BASED ASSESSMENT PREPARED IN ACCORDANCE WITH
THIS  SUBDIVISION.    THE  COMMITTEE  SHALL  ALLOW  INTERESTED PARTIES A
REASONABLE OPPORTUNITY TO MAKE AN ORAL  PRESENTATION  TO  THE  COMMITTEE
RELATED  TO  THE  HEALTH TECHNOLOGY TO BE REVIEWED AND TO SUBMIT WRITTEN
INFORMATION. THE COMMITTEE SHALL CONSIDER ANY  INFORMATION  PROVIDED  BY
ANY INTERESTED PARTY, INCLUDING, BUT NOT LIMITED TO, HEALTH CARE PROVID-
ERS, HEALTH CARE FACILITIES, PATIENTS, CONSUMERS AND MANUFACTURERS.  FOR
ALL  HEALTH  TECHNOLOGIES  SELECTED  FOR  REVIEW, THE COMMISSIONER SHALL
CONDUCT A SYSTEMATIC EVIDENCE-BASED ASSESSMENT OF THE  HEALTH  TECHNOLO-
GY'S  SAFETY AND CLINICAL EFFICACY. THE ASSESSMENT SHALL USE ESTABLISHED
SYSTEMATIC REVIEW ELEMENTS, SUCH AS A  PICO  (POPULATION,  INTERVENTION,
COMPARATOR  AND  OUTCOMES) STATEMENT, KEY QUESTIONS, PRESPECIFIED INCLU-
SION AND EXCLUSION CRITERIA, STUDY QUALITY ASSESSMENT, AND DATA  SYNTHE-
SIS. UPON COMPLETION, THE SYSTEMATIC, EVIDENCE-BASED ASSESSMENT SHALL BE
MADE AVAILABLE TO THE PUBLIC.
  6.  THE  COMMISSIONER SHALL PROVIDE NOTICE OF ANY COVERAGE RECOMMENDA-
TIONS DEVELOPED BY THE COMMITTEE BY MAKING SUCH INFORMATION AVAILABLE ON
THE DEPARTMENT'S WEBSITE. SUCH PUBLIC NOTICE SHALL INCLUDE: A SUMMARY OF
THE DELIBERATIONS OF THE COMMITTEE; A SUMMARY OF THE POSITIONS OF  THOSE
MAKING  PUBLIC  COMMENTS AT MEETINGS OF THE COMMITTEE AND ANY SAFETY AND
HEALTH OUTCOMES DATA SUBMITTED BY ANY INTERESTED PARTY; THE RESPONSE  OF
THE  COMMITTEE  TO  THOSE  COMMENTS,  IF ANY; THE CLINICAL EVIDENCE UPON
WHICH THE COMMITTEE BASES ITS  RECOMMENDATIONS;  AND  THE  FINDINGS  AND
RECOMMENDATIONS  OF  THE  COMMITTEE  INCLUDING  A  FINAL  EVIDENCE-BASED
SYSTEMATIC ASSESSMENT.
  7. THE COMMISSIONER SHALL PROVIDE PUBLIC NOTICE  ON  THE  DEPARTMENT'S
WEBSITE  OF HIS OR HER FINAL DETERMINATION, INCLUDING: THE NATURE OF THE
DETERMINATION; AN ANALYSIS OF THE IMPACT OF THE COMMISSIONER'S  DETERMI-
NATION  ON  STATE  PUBLIC HEALTH PLAN POPULATIONS AND PROVIDERS; AND THE
PROJECTED FISCAL IMPACT TO THE STATE PUBLIC HEALTH PLAN PROGRAMS OF  THE
COMMISSIONER'S  DETERMINATION.  THE  COMMISSIONER'S  FINAL DETERMINATION
SHALL NOT OCCUR PRIOR TO THE THIRTIETH  DAY  FROM  THE  POSTING  OF  THE
COMMITTEE'S RECOMMENDATIONS AND FINDINGS ON THE DEPARTMENT'S WEBSITE.
  8.  THE RECOMMENDATIONS OF THE HEALTH TECHNOLOGY ASSESSMENT COMMITTEE,
MADE PURSUANT TO THIS SECTION,  SHALL  BE  BASED  ON  A  REVIEW  OF  THE
EVIDENCE  PRESENTED  TO THE COMMITTEE, INCLUDING CLINICAL EFFECTIVENESS,
PATIENT OUTCOMES, IMPACT ON AT RISK  AND  UNDERSERVED  POPULATIONS,  AND
SAFETY.  THE COMMITTEE SHALL TRIENNIALLY REVIEW PREVIOUS RECOMMENDATIONS
OF THE COMMITTEE AND PERMIT ORAL PRESENTATIONS AND THE SUBMISSION OF NEW
EVIDENCE AT SUCH TRIENNIAL REVIEW. SUCH REVIEW SHALL OCCUR  PURSUANT  TO
THE  PROCEDURE ESTABLISHED IN SUBDIVISIONS FIVE AND SIX OF THIS SECTION.
THE COMMISSIONER MAY ALTER OR REVOKE  HIS  OR  HER  FINAL  DETERMINATION
AFTER  SUCH  TRIENNIAL  REVIEW  PURSUANT TO THE PROCEDURE ESTABLISHED IN
SUBDIVISION SEVEN OF THIS SECTION.
  9. THE DEPARTMENT SHALL PROVIDE ADMINISTRATIVE SUPPORT TO THE  COMMIT-
TEE.
  S 2. This act shall take effect immediately.

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