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

  Section 1. The executive law is amended by adding a new article 4-B to
read as follows:
                               ARTICLE 4-B
                OFFICE OF THE INDEPENDENT PUBLIC ADVOCATE
SECTION 56. ESTABLISHMENT AND ORGANIZATION.
        57. DUTIES AND RESPONSIBILITIES.
  S  56.  ESTABLISHMENT AND ORGANIZATION. 1. THERE IS HEREBY ESTABLISHED
THE OFFICE OF THE INDEPENDENT PUBLIC ADVOCATE.  THE  INDEPENDENT  PUBLIC
ADVOCATE  SHALL BE APPOINTED BY A SPECIAL COMMITTEE ESTABLISHED FOR THIS
PURPOSE. SUCH OFFICE SHALL BE INDEPENDENT OF THE  DEPARTMENT  OF  HEALTH
AND OF ANY OTHER OFFICE, AGENCY, BOARD OR COMMISSION OF THE STATE OR ANY
OF ITS POLITICAL SUBDIVISIONS.
  2. A. THE SPECIAL COMMITTEE SHALL CONSIST OF ELEVEN MEMBERS:
  (I) THREE MEMBERS SHALL BE APPOINTED BY THE GOVERNOR;
  (II)  THREE  MEMBERS  SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF
THE SENATE;
  (III) THREE MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
  (IV) ONE MEMBER SHALL BE APPOINTED  BY  THE  MINORITY  LEADER  OF  THE
ASSEMBLY; AND
  (V)  ONE  MEMBER  SHALL  BE  APPOINTED  BY  THE MINORITY LEADER OF THE
SENATE.
  B. MEMBERS OF THE COMMITTEE  SHALL  POSSESS  EXTENSIVE  KNOWLEDGE  AND
EXPERIENCE  IN  HEALTH  POLICY  AND  FINANCE. THE MEMBERS OF THE SPECIAL
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

  3. THE SPECIAL COMMITTEE, PURSUANT TO A  PUBLICLY-INCLUSIVE  SCREENING
AND  INTERVIEW  PROCESS,  SHALL APPOINT THE INDEPENDENT PUBLIC ADVOCATE.
THE INDEPENDENT PUBLIC ADVOCATE SHALL NOT BE PAID A SALARY  OR  STIPEND.
THE  INDEPENDENT  PUBLIC  ADVOCATE  SHALL BE APPOINTED WITHOUT REGARD TO
POLITICAL  AFFILIATION AND SOLELY ON THE BASIS OF FITNESS TO PERFORM THE
DUTIES OF THE OFFICE, AND SHALL SERVE A FOUR YEAR TERM.  THE INDEPENDENT
PUBLIC ADVOCATE MAY BE REMOVED ONLY FOR CAUSE. IN THE EVENT OF A  VACAN-
CY,  THE  INDIVIDUAL  APPOINTED  TO  FILL THE VACANCY SHALL BE APPOINTED
PURSUANT TO THIS SECTION, AND SERVE ONLY FOR THE  UNEXPIRED  PORTION  OF
THE TERM. THE INDEPENDENT PUBLIC ADVOCATE MAY EMPLOY AND AT THEIR PLEAS-
URE  REMOVE SUCH PERSONNEL AS THEY DEEM NECESSARY FOR THE PERFORMANCE OF
THE OFFICE, AND MAY FIX THEIR COMPENSATION WITH AMOUNTS AVAILABLE THERE-
FOR.
  4. THE SPECIAL COMMITTEE SHALL BE DISSOLVED AFTER THE  APPOINTMENT  OF
THE  INDEPENDENT  PUBLIC  ADVOCATE.  IN  THE  EVENT  OF A VACANCY, A NEW
SPECIAL COMMITTEE SHALL BE APPOINTED PURSUANT TO SUBDIVISION TWO OF THIS
SECTION.
  S 57. DUTIES AND RESPONSIBILITIES. 1. THE INDEPENDENT PUBLIC  ADVOCATE
SHALL  MONITOR  THE  DELIVERY  SYSTEM  REFORM  INCENTIVE PAYMENT (DSRIP)
PROGRAM AND PROVIDE THE LEGISLATURE  AND  THE  PUBLIC  WITH  INFORMATION
REGARDING THE IMPLEMENTATION OF THE DSRIP PROGRAM INCLUDING THE DISTRIB-
UTION  OF  FUNDS SUCH AS DSRIP PLANNING GRANTS, DSRIP PROVIDER INCENTIVE
PAYMENTS, AND DSRIP ADMINISTRATIVE COSTS. THE INDEPENDENT  PUBLIC  ADVO-
CATE  SHALL  ALSO  ISSUE  REGULAR REPORTS TO ENHANCE OFFICIAL AND PUBLIC
UNDERSTANDING OF THE DSRIP PROGRAM INCLUDING MATTERS RELATED TO EXPENDI-
TURES OR FINANCIAL MANAGEMENT PRACTICES.
  2. THE INDEPENDENT PUBLIC ADVOCATE SHALL BE AUTHORIZED TO SECURE  SUCH
INFORMATION, DATA, ESTIMATES AND STATISTICS FROM ALL AGENCIES AND PUBLIC
ENTITIES  INVOLVED  IN  THE IMPLEMENTATION AND DISTRIBUTION OF FUNDS FOR
THE DSRIP PROGRAM. SUCH AGENCIES AND ENTITIES SHALL PROVIDE SUCH  INFOR-
MATION, TO THE EXTENT THAT IT IS AVAILABLE, IN A TIMELY FASHION.
  3.  THE  INDEPENDENT PUBLIC ADVOCATE SHALL MAKE ALL INFORMATION, DATA,
ESTIMATES, AND STATISTICS OBTAINED UNDER THIS SECTION, AND  ALL  REPORTS
PREPARED BY THE OFFICE, AVAILABLE FOR PUBLIC INSPECTION.
  S  2.  The  sum of one hundred thousand dollars ($100,000), or so much
thereof as may be necessary, is hereby appropriated to the office of the
independent public advocate out of any moneys in the state  treasury  in
the general fund to the credit of the state purposes account, not other-
wise  appropriated,  and  made immediately available, for the purpose of
carrying out the provisions of this act. Such moneys shall be payable on
the audit and warrant  of  the  comptroller  on  vouchers  certified  or
approved by the comptroller in the manner prescribed by law.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.