§ 365-d. Medicaid evidence based benefit review advisory committee. 1.\nThe department shall convene a Medicaid evidence based benefit review\nadvisory committee. The committee shall provide advice and make\nrecommendations regarding coverage of health technology or service for\npurposes of the medical assistance program. The commissioner shall\nconsult such committee prior to any determination made regarding the\ncoverage status of a particular item, health technology or service based\non procedures established in subdivision five of this section under the\nmedical assistance program. For purposes of this section, "health\ntechnology" means medical devices and surgical procedures used in the\nprevention, diagnosis and treatment of disease and other medical\nconditions. For purposes of this section "services" means any medical or\nbehavioral health procedure.\n 2. (a) The membership of such committee shall, at a minimum, include:\n (i) at least three persons licensed and actively engaged in the\npractice of medicine in this state;\n (ii) one person licensed and actively engaged in the practice of\nnursing as a nurse practitioner, or in the practice of midwifery in this\nstate;\n (iii) one person with expertise in health technology assessment or\nevidence based medical review who is preferably a health care\nprofessional licensed under title eight of the education law;\n (iv) three persons who shall be consumers or representatives of\norganizations with a regional or statewide constituency and who have\nbeen involved in activities related to health care consumer advocacy;\n (v) one person who is a representative of a hospital organization with\na regional, national or statewide constituency;\n (vi) one person who is a representative of a health insurance or\nmanaged care organization with a regional, statewide or national\nconstituency;\n (vii) one person who is a health economist;\n (viii) one person with health care expertise who is appointed by the\ntemporary president of the senate;\n (ix) one person with health care expertise who is appointed by the\nspeaker of the assembly;\n (x) a member of the department who shall act as chairperson as\ndesignated by the commissioner; and\n (xi) the committee may invite and consult with scientific, technical,\nor clinical experts with demonstrable experience or knowledge of the\ntechnology or medical specialty area under review.\n 3. The department shall provide video or audio access to all meetings\nof such committee through the department's website.\n 4. The members of the committee shall receive no compensation for\ntheir services but shall be reimbursed for expenses actually and\nnecessarily incurred in the performance of their duties unless expressly\nstated otherwise in this section, members shall be appointed by the\ncommissioner. Members shall serve three year terms, and may be\nreappointed for subsequent terms. Committee members shall be deemed to\nbe employees of the department for purposes of section seventeen of the\npublic officers law, and shall not participate in any matter before the\ncommittee for which a conflict of interest exists.\n 5. The committee shall consider any matter regarding material changes\nin the coverage status of a particular item, health technology or\nservice, and any matter relative to new health technology assessment or\nmedical evidence review for which the department determines a sufficient\nbody of evidence exists to warrant committee deliberation. The\ncommissioner shall provide members of the committee with any evidence or\ninformation related to the health technology or medical service\nassessment including but not limited to, information submitted by\nmembers of the public. The department shall report to the committee\nprogrammatic changes to benefits that do not rise to the level of a\nmaterial change, as well as determinations of when sufficient medical\nevidence exists to warrant committee deliberations. The commissioner\ns
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