Under the federal Affordable Care Act, a Marketplace is required to operate in every state as of October 2013. States have the option to either set up a Marketplace or to allow the federal government to set up a Marketplace in their state. New York has chosen to set up its own Marketplace, called NY State of Health. (Previously, it was called the New York Health Benefit Exchange.) On April 12, 2012, Governor Cuomo issued Executive Order #42 to establish it within the NYS Department of Health. On July 9, 2012 Governor Cuomo submitted a declaration letter to the Centers for Medicare & Medicaid Services confirming New York's intent to establish a State-based Health Plan Marketplace consistent with the Affordable Care Act.
NY State of Health has established five Regional Advisory Committees pursuant to Governor Cuomo's Executive Order No. 42 to provide advice and make recommendations on the establishment and operation of the Marketplace, including recommendations about relevant regional factors. The five Committees represent the following regions of the state: Western NY, Central NY/Finger Lakes, Capital District/Mid-Hudson/Northern NY, New York City/Metro, Long Island. Each committee is comprised of representatives of consumers, small business, health care providers, insurance agents and brokers, labor organizations and other stakeholders.