I, Hugh L. Carey, 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, promulgated by Governor Nelson A. Rockefeller on May 23, 1967, which established the Health Planning Commission, as amended by his Executive Orders of April 16, 1968, October 8, 1969, October 8, 1970 and April 2, 1971 and as further amended by Executive Order Number 2, promulgated by Governor Malcolm Wilson on January 30, 1974, 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, Hugh L. Carey, Governor of the State of New York, do hereby establish within the Executive Department and interdepartmental health planning commission, to be known as the Health Planning Commission, to consist of the Commissioners of Health, Mental Hygiene, and Social Services, the Directors of the Budget and of the Office of Planning Services and the Special Assistant to the Governor on Health Affairs, the chairman to be the Special Assistant to the Governor on Health Affairs.

I. General Powers

The Commission shall advise the Governor on all health-related matters and shall act to implement his concerns in shaping health policy for the State.

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 State health policies.

The Commission shall coordinate and review health planning efforts among governmental and nongovernmental agencies, organizations and groups concerned with health services, facilities and manpower.

The Commission is hereby directed to supervise the implementation of the Federal National Health Planning and Resources Development Act of 1974, and all program planning necessary to comply with the terms of that act and any other acts relating to State comprehensive health planning, and to do all things necessary or convenient to fulfill the purposes and requirements of such act or acts.

The Commission shall have the power to convene interdepartmental committees composed of the heads of appropriate agencies and the members of the Commission, whenever it shall appear to the chairman that the matters within the jurisdiction of another agency will affect the health policies of the State.

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 and any other councils or commissions hereafter established for the purpose of comprehensive health planning in the State.

II. Health Planning Advisory Council

In order to provide the State with the broadest policy advice in matters of health and mental health, a Health Planning Advisory Council is hereby established to consist of representatives of governmental and nongovernmental organizations and groups concerned with health, providers and consumers of health services, to advise the Health Planning Commission in the exercise of its powers, functions and duties under this Order and the Federal National Health Planning and Resources Act of 1974 and any other act relating to State comprehensive health planning. 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.

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.

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

Executive Order Number 23, dated May 23, 1967, and Executive Orders Number 25, dated April 16, 1968, Number 34, dated October 8, 1970, Number 47, dated April 2, 1971 and Number 2, dated January 30, 1974, which amended such Executive Order, are hereby amended and superseded by this Executive Order effective March 14, 1975.

I, Hugh L. Carey, 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 the second paragraph of Executive Order Number 6, promulgated on March 14, 1975, 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, Hugh L. Carey, 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 Commissioners of Health, Mental Hygiene, Social Services, and Education, the Director of the Office for the Aging, the Director of the Budget, the Chancellor of the State University of New York, and the Special Assistant to the Governor for Health Affairs, who shall serve as chairman.

I, Hugh L. Carey, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws 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 Commissioners of Health, Mental Health, Mental Retardation and Developmental Disabilities, Social Services, Education, and Environmental Conservation; the Directors of the Office for the Aging, the Division of Alcoholism and Alcohol Abuse, the Division of Substance Abuse Services, the Office of Health Systems Management and the Office of Public Health; the Chairman of the Commission on Alcohol and Substance Abuse Prevention and Education, the Chairman of the Commission on Quality of Care for the Mentally Disabled, the Director of the Budget, the Chancellor of the State University of New York, the Executive Director of the Board of Social Welfare, the Special Assistant to the Governor for Health Affairs, who shall serve as chairman, and his designated deputy, who shall serve as vice-chairman.^*

I. General Powers

The Commission shall advise the Governor on all health, mental health, mental retardation and developmental disabilities, alcoholism, alcohol abuse and substance abuse, environmental health, and domiciliary care-related matters and shall act to implement his concerns in shaping State policy in these matters.

The Commission shall review all the plans of State agencies relating to the provision of health, mental health, mental retardation and developmental disabilities, alcoholism, alcohol abuse and substance abuse, and domiciliary care services to assure that such plans are in accordance with State policies.

The Commission shall coordinate and review health, mental health, mental retardation and developmental disabilities, alcoholism, alcohol abuse and substance abuse, and domiciliary care planning efforts among governmental and nongovernmental agencies, organizations and groups concerned with health, mental health, mental retardation and developmental disabilities, alcoholism, alcohol abuse and substance abuse, and domiciliary care services, facilities and manpower.

The Commission is hereby designated as the single State health planning and development agency pursuant to the provisions of the National Health Planning and Resources Development Act of 1974, as amended, and is directed to supervise the implementation of the National Health Planning and Resources Development Act of 1974 and all program planning necessary to comply with the terms of that act and any other acts relating to State comprehensive health, mental health, mental retardation and developmental disabilities, alcoholism, alcohol abuse and substance abuse, and domiciliary care planning, and to do all things necessary or convenient to fulfill the purposes and requirements of such act or acts.

The Commission shall have the power to convene interdepartmental committees composed of the heads of appropriate agencies and the members of the Commission, whenever it shall appear to the chairman that the matters within the jurisdiction of another agency will affect the health, mental health, mental retardation and developmental disabilities, alcoholism, alcohol abuse and substance abuse or domiciliary care policies of the State.

II. Certificate of Need Administrative Program

The Commission is directed to administer the State certificate of need program, which program meets the requirements of the National Health Planning and Resources Development Act of 1974 and 42 CFR 123, Subpart E, of the Federal rules promulgated thereunder and any amendments thereto. The certificate of need reviews performed by the reviewer members of the Commission shall be in accordance with the State Health Plan of the Health Planning Commission and with the policies and procedures of the Health Planning Commission as determined by the Commission. An agreement shall be entered into between the reviewer members of the Health Planning Commission and the Commission which shall implement this Certificate of Need Administrative Program.

III. Commission Committees

The Commission is authorized to appoint committees of its members for the purposes of performing Commission functions. Any member of the Commission may attend any or all committee meetings and, if such member so elects, shall become a fully participating committee member at any such meeting. Any committee appointed pursuant to this paragraph for the purpose of making recommendations on the establishment or construction of any services or facilities may consist of Commission members together with their designated representatives.

IV. Personnel

The Commission shall appoint an Executive Director and shall assign to such Executive Director such powers, functions and duties as it shall deem appropriate. The Commission may employ such additional personnel as it may deem necessary or desirable to fulfill the purposes of this Order and of the National Health Planning and Resources Development Act of 1974.

V. Office of Health Systems Management in the Department of Health

A unit shall be established within the Department of Health's Office of Health Systems Management to provide such services as may be necessary or desirable to assist the Executive Director to fulfill the purpose of this Order.

The Department of Health's Office of Health Systems Management, 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.

The Department of Health's Office of Health Systems Management, 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.

VI. Effective Date

Executive Order Number 1, dated March 31, 1960; Executive Order Number 23, dated May 23, 1967; Executive Order Number 25, dated April 16, 1968; Executive Order Number 34, dated October 8, 1969; Executive Order Number 40, dated October 8, 1970; Executive Order Number 47, dated April 2, 1971; Executive Order Number 2, dated January 9, 1974; Executive Order Number 6, dated March 14, 1975; and Executive Order Number 6.1, dated February 4, 1976, are superseded by this Executive Order Number 6.2, effective March 14, 1979.

I, Hugh L. Carey, 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 the first paragraph of Executive Order No. 6.2, promulgated on March 14, 1979, which established the Health Planning Commission, be amended to read as follows:

I, Hugh L. Carey, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws 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 Commissioners of Health, Mental Health, Mental Retardation and Developmental Disabilities, Social Services and Education; the Directors of the Office for the Aging, the Office of Public Health, the Office of Health Systems Management, the Division of Alcoholism and Alcohol Abuse, the Division of Substance Abuse Services and the Council on Children and Families; the Chairman of the Commission on Quality of Care for the Mentally Disabled; the Director of the Budget; the Chancellor of the State University of New York; the Advocate for the Disabled; and the Secretary to the Governor, who shall serve as chairman, and his designated deputy who shall serve as vice-chairman.