Outlines criteria by which the commissioner of health shall appoint a director of the acquired immune deficiency syndrome institute.
TITLE OF BILL: An act to amend the public health law, in relation to appointment by the commissioner of health of a director for the acquired immune deficiency syndrome institute
PURPOSE OR GENERAL IDEA OF BILL: Requires the director be representative of the population living w1th HIV/AIDS.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 is amended to reflect the following:
The director is appointed for a four year term, and may be re-appointed by the Commissioner up to two additional terms of four years upon the recommendation of the advisory council.
Section 1 is further amended to reflect the following:
The pool of candidates submitted by the advisory council for Director shall be representative of the population living with HIV/AIDS in New York State
JUSTIFICATION: New York City is one of three epicenters for HIV/AIDS in the United States, and has the 2nd highest AIDS case rates in the United States at 40.8% with growth rates of infection in Brooklyn increasing 25% each year.
According to the latest Center for Disease Control statistics in 2007 for New York State, 43.9% of those infected with HIV/AIDS are African American, and 29.6% are Hispanic. Yet when looking at the leadership of the AIDS Institute, it does not reflect the faces of those living with HIV/AIDS. There are no Blacks indigenous to the United States, and the Hispanic membership is not representative of the infected population of Hispanics within New York State.
There is a need to address the disproportionate impact of HIV/AIDS on African Americans and Hispanics in New York state. By having the director appointed from a pool of candidates that represent the population of those living with HIV/AIDS in New York state, those issues that may affect that population, which include care and prevention services, housing, discrimination of persons with HIV/AIDS, and prescription services can be better appreciated, understood, and addressed in a comprehensive and productive manner.
PRIOR LEGISLATIVE HISTORY:
S.3678 of 2011 03/02/11 REFERRED TO HEALTH 01/04/12 REFERRED TO HEALTH
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
EFFECTIVE DATE: This act shall take effect two years after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 705 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. SAMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to appointment by the commissioner of health of a director for the acquired immune deficien- cy syndrome institute THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 2775 of the public health law, as added by chapter 823 of the laws of 1983, is amended and a new subdivi- sion 3 is added to read as follows: 2. The commissioner shall appoint a director of the institute
[and may assign such personnel within the amounts appropriated as is necessary to carry out the provisions of this article]. THE DIRECTOR MUST BE CHOSEN FROM A POOL OF CANDIDATES SUBMITTED BY THE ADVISORY COUNCIL. THE DIREC- TOR SHALL BE APPOINTED FOR A TERM OF FOUR YEARS, AND MAY BE RE-APPOINTED UPON THE RECOMMENDATION OF THE ADVISORY COUNCIL FOR UP TO TWO ADDITIONAL TERMS OF FOUR YEARS. IN NO CASE SHALL ANY DIRECTOR SERVE MORE THAN A TOTAL OF TWELVE YEARS. IF A DIRECTOR IS NOT RECOMMENDED FOR RE-APPOINT- MENT AFTER HIS OR HER FOUR YEAR TERM, A NEW POOL OF CANDIDATES SHALL BE SUBMITTED BY THE ADVISORY COUNCIL, UPON WHICH THE COMMISSIONER SHALL APPOINT A NEW DIRECTOR. THE POOL OF CANDIDATES SUBMITTED BY THE ADVISORY COUNCIL SHALL BE REPRESENTATIVE OF THE INFECTED POPULATION WITH HIV/AIDS IN THE STATE OF NEW YORK BASED ON CENTER FOR DISEASE CONTROL (CDC) STATISTICS INCLUDING RACE, ETHNICITY, AND GENDER. 3. THE DIRECTOR, IN CONSULTATION WITH THE ADVISORY BOARD SHALL PROVIDE FOR THE EMPLOYMENT AND REMOVAL OF SUCH EMPLOYEES OF THE AIDS INSTITUTE AS HE OR SHE MAY DEEM NECESSARY FOR THE PERFORMANCE OF ITS FUNCTIONS AND WITHIN THE AMOUNTS APPROPRIATED AS IS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ARTICLE. S 2. This act shall take effect two years after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00180-01-3