Bill Text: NY S06139 | 2021-2022 | 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO FINANCE [S06139 Detail]

Download: New_York-2021-S06139-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6139

                               2021-2022 Regular Sessions

                    IN SENATE

                                     April 12, 2021
                                       ___________

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09832-01-1

        S. 6139                             2

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