I, Malcolm Wilson, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and the laws of the State of New York, do hereby direct by Executive Order that Executive Order Number 23 dated May 23, 1967, as amended by the Executive Orders of April 16, 1968, October 8, 1969, October 8, 1970, and April 2, 1971, and continued by Executive Order Number 1 dated December 18, 1973, which established the Health Planning Commission, be amended to read as follows:

By virtue of the authority vested in me by the Constitution and laws of the State of New York, I, Malcolm Wilson, Governor of the State of New York, do hereby establish within the Executive Department an interdepartmental health planning commission, to be known as the Health Planning Commission, to consist of the Commissioner of Health as chairman, the Commissioner of Mental Hygiene as vice-chairman, and the Commissioners of Education, Labor, Local Government, Social Services, Agriculture and Markets, the Superintendent of Insurance, the Chancellor of the State University, the Chairman of the Drug Abuse Control Commission, and the Director of the Office for the Aging.

I. General Powers

The Commission is hereby designated as the single State agency to supervise the administration of the State comprehensive health planning functions implementing the Federal Comprehensive Health Planning and Public Health Services Amendments of 1966 and any act or acts amendatory or supplemental thereto, and to do all things necessary or convenient to fulfill the purposes and requirements of such act or acts.

The Commission shall coordinate and review health planning efforts among governmental and nongovernmental agencies, organizations and groups concerned with health services, facilities and manpower, and shall formulate and update on a continuous basis a comprehensive State health plan. The Commission's health plan shall be coordinated with the State comprehensive development plan and the comprehensive planning process being developed by the Office of Planning Services.

The Commission shall establish the policies and procedures for the expenditure of public funds for the purpose of comprehensive State planning for both public and private health services; designate public or private, nonprofit agencies or organizations for the purpose of area-wide health planning in the various parts of the State; approve project grants to public or private nonprofit agencies or organizations for area-wide health planning.

The Commission shall review all the plans of State agencies relating to the provision of health and mental health services to assure that such plans are in accordance with the comprehensive State health plan.

In exercising its powers, functions and duties, the Commission shall be responsible to the Governor and shall consult and work closely with the Health Planning Advisory Council.

II. Health Planning Advisory Council

A Health Planning Advisory Council is hereby established to consist of representatives of governmental and nongovernmental organizations and groups concerned with health, and of consumers of health services, to advise the Health Planning Commission in the exercise of is powers, functions and duties under this Order and the Federal Comprehensive Health Planning and Public Health Services Amendments of 1966 and any act or acts amendatory or supplemental thereto. The members of the Advisory Council shall be appointed by the Governor.

III. Department of Health

The Commissioner of Health shall establish a unit within the Department of Health to provide all personal and other services as may be necessary or desirable to assist the Health Planning Commission to fulfill the purposes of this Order and of the Federal Comprehensive Health Planning and Public Health Services Amendments of 1966 and any act or acts amendatory or supplemental thereto.

The Department of Health, acting for and on behalf of the Health Planning Commission, is hereby authorized to receive and disburse funds from the Federal Government granted for comprehensive planning purposes under the provisions of the Federal Comprehensive Health Planning and Public Health Services Amendments of 1966 and any act or acts amendatory or supplemental thereto.

The Department of Health, acting for and on behalf of the Health Planning Commission, shall enter into such contracts and agreements as shall be necessary or convenient to fulfill the purposes of this Order.

IV. Effective Date and Transfer Provisions

Executive Order Number 23 dated May 23, 1967, and Executive Orders Number 25 dated April 16, 1968, Number 34 dated October 8, 1969, Number 40 dated October 8, 1970, and Number 47 dated April 2, 1971, which amended such Executive Order, are hereby amended and superseded by this Executive Order effective January 30, 1974. On such date, all rights and obligations of the Office of Planning Services, under any contract or agreement relating to functions, powers and duties transferred by this Order to the Department of Health are hereby transferred and assigned to, devolved upon and assumed by the Department of Health. With respect to the functions, powers, duties, rights and obligations so transferred and assumed, the [continued] Department of Health shall be deemed and held to constitute the continuation of the Office of Planning Services and not a different agency or authority. Any proceeding or other business or matter heretofore undertaken or commenced by or before the Office of Planning Services may be conducted and completed by the Department of Health in the same manner and under the same terms and conditions and with the same effect as if conducted and completed by the Office of Planning Services.

Provision shall be made, within appropriations available therefor and subject to the Civil Service Law, for the transfer to the Department of Health of such officers and employees of the Office of Planning Services as the Commissioner of Health may deem necessary.

All Federal funds advanced to the Office of Planning Services on behalf of the Health Planning Commission under the Federal Comprehensive Health Planning and Public Health Services Amendments of 1966, to the extent of remaining unexpended or unencumbered balances thereof, shall be transferred to and made available for use by the Department of Health for the same purposes for which originally advanced.