Bill Text: NY S07638 | 2015-2016 | General Assembly | Introduced


Bill Title: Creates a temporary state commission to study and investigate the legality of the 2006 merger of the Health Insurance Plan of Greater New York and Group Health Incorporated; appropriates $250,000 therefor.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2016-05-11 - REFERRED TO FINANCE [S07638 Detail]

Download: New_York-2015-S07638-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          7638
                    IN SENATE
                                      May 11, 2016
                                       ___________
        Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Finance
        AN ACT to create a temporary state commission to study  and  investigate
          the legality of the 2006 merger of the Health Insurance Plan of Great-
          er  New  York  and  Group Health Incorporated; making an appropriation
          therefor; and providing for the repeal of such provisions upon expira-
          tion thereof
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. A temporary state commission is hereby created to study the
     2  2006  merger  of the Health Insurance Plan of Greater New York (HIP) and
     3  Group Health Incorporated (GHI). The commission  shall  investigate  and
     4  make written determinations on the legality of these transactions.
     5    §  2.  (a) The commission shall consist of fifteen members as follows:
     6  three members shall be appointed by the speaker of the  assembly;  three
     7  members  shall  be  appointed  by the temporary president of the senate;
     8  three members shall be appointed by the governor; two members  shall  be
     9  appointed by the minority leader of the senate; and two members shall be
    10  appointed  by  the minority leader of the assembly. Members so appointed
    11  shall be knowledgeable on mergers, acquisitions, insurance,  or  related
    12  matters.  The  remaining  members  shall  be  the heads of the following
    13  departments or agencies or their respective designees: the department of
    14  financial services and the attorney general. No person shall be a member
    15  of such commission while such person is a member of the senate or assem-
    16  bly. Any vacancy on such commission shall be filled in the  same  manner
    17  as  the original appointment was made. The chairperson of the commission
    18  shall be the head or designee of the attorney general.  The  vice-chair-
    19  person of the commission shall be appointed by the chairperson.
    20    (b)  Except as provided in subdivision (a) of this section, no member,
    21  officer or employee of the commission shall be disqualified from holding
    22  any other public office or employment, nor shall he or she  forfeit  any
    23  such office or employment by reason of his or her appointment hereunder,
    24  notwithstanding  the  provisions  of  any general, special or local law,
    25  ordinance or city charter.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15111-03-6

        S. 7638                             2
     1    § 3. The members of the commission shall receive no  compensation  for
     2  their services, but shall be allowed their actual and necessary expenses
     3  incurred in the performance of their duties hereunder.
     4    §  4.  The commission may employ and at pleasure remove such personnel
     5  as it may deem necessary for the performance of its  functions  and  fix
     6  their  compensation  within  the amounts made available by appropriation
     7  therefor.
     8    § 5. For the accomplishment of its purposes, the commission  shall  be
     9  authorized and empowered to undertake any studies, inquiries, surveys or
    10  analyses  it  may  deem relevant through its own personnel or in cooper-
    11  ation with or by agreement with any other public or private agency. Such
    12  commission shall meet and hold public hearings or private meetings with-
    13  in or without the state, and shall have all the powers of a  legislative
    14  committee pursuant to the legislative law.
    15    §  6.  The  commission may request and shall receive from any court in
    16  the state and from any subdivision, department, board,  bureau,  commis-
    17  sion,  office,  agency  or  other instrumentality of the state or of any
    18  political subdivision thereof such facilities, assistance and data as it
    19  deems necessary or desirable for the proper execution of its powers  and
    20  duties and to effectuate the purposes set forth in this act.
    21    § 7. The commission shall make a report of its findings, including any
    22  recommendations  for  legislative  action  as  it may deem necessary and
    23  appropriate, to the governor and the legislature no later than  December
    24  thirty-first  in  the  year  next  succeeding the year in which this act
    25  shall have become a law.
    26    § 8. The sum of $250,000 or so much thereof as may  be  necessary,  is
    27  hereby  appropriated  out  of  any  moneys  in the state treasury in the
    28  general fund to the credit of the state purposes  account  for  services
    29  and  expenses  of  this commission, not otherwise appropriated, and made
    30  immediately available for the purpose of carrying out the provisions  of
    31  this  act.  Such moneys shall be payable on the audit and warrant of the
    32  comptroller on vouchers certified or approved by the chair of the tempo-
    33  rary commission established pursuant to this act.
    34    § 9. This act shall take effect immediately and shall  expire  on  the
    35  thirty-first  of  December next succeeding the year after such effective
    36  date when upon such date the provisions of  this  act  shall  be  deemed
    37  repealed.
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