§ 2904-b. Health systems agencies. 1. For the purposes of this\nsection, "health systems agency" shall mean a corporation organized\npursuant to the not-for-profit corporation law which is approved by the\ngovernor pursuant to subdivision (c) of section twenty-nine hundred four\nof this article, incorporated within the state, which is not a\nsubsidiary of, or otherwise controlled by, any other private or public\ncorporation or other legal entity, and which only engages in health\nplanning and development activities and functions.\n 2. The powers of a health systems agency shall include those necessary\nto perform the duties and functions provided for in this section.\n 3. An employee who participates in the management of a health benefit\nplan may serve as a member of the board of directors of a health systems\nagency representing employers or unions. No member may participate or\nvote in agency proceedings involving an individual provider, purchaser,\nor patient, or a specific activity or transaction, if the member has a\nfinancial interest in the outcome of the board's proceedings other than\nas an individual consumer of health care services.\n 4. Each such health systems agency shall consist of a fixed number of\nmembers as determined by the health systems agency upon recommendation\nof the regional nominating committee established pursuant to section\ntwenty-nine hundred four-c of this article to be necessary to\nappropriately represent the diverse needs and concerns of the region.\nThe regional nominating committee shall approve a board of directors of\nsuch health systems agency in accordance with section two thousand nine\nhundred four-c of this article that is broadly representative of the\nregion served by the agency and that meets the following requirements:\n (a) A majority of the members, but not more than sixty percent of the\nmembers, shall be residents of the health service region served by the\nagency who are consumers of health care and major purchasers of health\ncare, including labor organizations and business corporations, in the\nregion. A consumer shall mean a person who is not a provider of health\ncare as defined in accordance with paragraph (c) of this subdivision.\n (b) The remainder of the members shall be residents of or have their\nprincipal place of business in the health service region served by the\nagency who are providers of health care and who, to the extent\npracticable, are representative of the variety of disciplines and\ninterests of the health care system including (i) physicians, dentists,\nnurse practitioners, nurses, optometrists, podiatrists, physician's\nassistants, and other health professionals; (ii) health facilities\nincluding hospitals; (iii) health care insurers; (iv) health maintenance\norganizations; (v) health professional schools; (vi) the allied health\nprofessions; and (vii) other providers of health care. Not less than\none-half of the providers of health care of the governing body of a\nhealth systems agency shall be direct providers of health care and of\nsuch direct providers of health care, at least one shall be a person\nengaged in the administration of a health facility.\n (c) A "provider of health care" means an individual (i) who is a\ndirect provider of health care or who is a representative of different\ndisciplines, professions or sectors of health care providers and whose\nprimary current activity is the provision of health care to individuals\nor the administration (including trustees or members of boards of\ndirectors) of health facilities in which such care is provided; or (ii)\nwho holds a fiduciary position with, or has a fiduciary interest in, any\nentity which has as its primary purpose the delivery of health care, the\nconduct of research into or instruction for health professionals in the\nprovision of health care, or the production of or supply of drugs or\nother articles for individuals or entities for use in the provision of\nor in researc
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