Bill Text: NY A11072 | 2019-2020 | General Assembly | Amended
Bill Title: Requires a health equity assessment to be filed with an application for construction, or substantial reduction of, a hospital or health related service; includes a demonstration of whether and how a project will improve or affect access to hospital services and health care with particular reference to members of medically underserved groups in the applicant's service area.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2020-11-06 - print number 11072a [A11072 Detail]
Download: New_York-2019-A11072-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 11072--A IN ASSEMBLY October 7, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Gottfried, Reyes) -- read once and referred to the Committee on Health -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee AN ACT to amend the public health law, in relation to health equity assessments in the establishment or construction of a hospital The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public health law is amended by adding a new section 2 2802-b to read as follows: 3 § 2802-b. Health equity impact assessments. 1. Definitions. As used in 4 this section: 5 (a) "Application" means an application under this article for the 6 construction, establishment, change in the establishment, merger, acqui- 7 sition, closure, or substantial reduction, expansion, or addition of a 8 hospital service or health-related service of a hospital that requires 9 review or approval by the council or the commissioner, where the appli- 10 cation is filed or submitted to the council, the commissioner or the 11 department after this section takes effect. 12 (b) "Project" means the construction, establishment, change in the 13 establishment, merger, acquisition, closure, or substantial reduction of 14 a hospital service or health-related service of a hospital that is the 15 subject of an application. 16 (c) "Health equity impact assessment" or "impact assessment" means an 17 assessment of whether, and if so how, a project will improve access to 18 hospital services and health care, health equity and reduction of health 19 disparities, with particular reference to members of medically under- 20 served groups, in the applicant's service area. 21 (d) "Medically underserved group" means: low-income people; racial and 22 ethnic minorities; immigrants; women; lesbian, gay, bisexual, transgen- 23 der, or other-than-cisgender people; people with disabilities; older 24 adults; persons living with a prevalent infectious disease or condition; 25 persons living in rural areas; people who are eligible for or receive 26 public health benefits; people who do not have third-party health cover- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD17431-02-0A. 11072--A 2 1 age or have inadequate third-party health coverage; and other people who 2 are unable to obtain health care. 3 2. (a) Every application shall include a health equity impact assess- 4 ment of the project. The impact assessment shall be filed together with 5 the application, and the application shall not be complete without the 6 impact statement. The applicant shall promptly amend or modify the 7 impact statement as necessary. 8 (b) In considering whether and on what terms to approve an applica- 9 tion, the commissioner and the council, as the case may be, shall 10 consider the health equity impact statement. 11 3. Scope and contents of a health equity impact assessment. A health 12 equity impact assessment shall include: 13 (a) A demonstration of whether, and if so how, the proposed project 14 will improve access to hospital services and health care, health equity 15 and reduction of health disparities, with particular reference to 16 members of medically underserved groups, in the applicant's service 17 area. 18 (b) The extent to which medically underserved groups in the appli- 19 cant's service area use the applicant's hospital or health-related 20 services or similar services at the time of the application and the 21 extent to which they are expected to if the project is implemented. 22 (c) The performance of the applicant in meeting its obligations, if 23 any, under section twenty-eight hundred seven-k of this article and 24 federal regulations requiring providing uncompensated care, community 25 services, and access by minorities and people with disabilities to 26 programs receiving federal financial assistance, including the existence 27 of any civil rights access complaints against the applicant, and how the 28 applicant's meeting of these obligations will be affected by implementa- 29 tion of the project. 30 (d) How and to what extent the applicant will provide hospital and 31 health-related services to the medically indigent, Medicare recipients, 32 Medicaid recipients and members of medically underserved groups if the 33 project is implemented. 34 (e) The amount of indigent care, both free and below cost, that will 35 be provided by the applicant if the project is approved. 36 (f) Access by public or private transportation, including applicant- 37 sponsored transportation services, to the applicant's hospital or 38 health-related services if the project is implemented. 39 (g) The means of assuring effective communication between the appli- 40 cant's hospital and health-related service staff and people of limited 41 English-speaking ability and those with speech, hearing or visual 42 impairments handicaps if the project is implemented. 43 (h) The extent to which implementation of the project will reduce 44 architectural barriers for people with mobility impairments. 45 (i) A review of how the applicant will maintain or improve the quality 46 of hospital and health-related services including a review of: 47 (i) demographics of the applicant's service area; 48 (ii) economic status of the population of the applicant's service 49 area; 50 (iii) physician and professional staffing issues related to the 51 project; 52 (iv) availability of similar services at other institutions in or near 53 the applicant's service area; and 54 (v) historical and projected market shares of hospital and health care 55 service providers in the applicant's service area.A. 11072--A 3 1 4. The health equity impact assessment shall be prepared for the 2 applicant by an independent entity and include the meaningful engagement 3 of public health experts, organizations representing employees of the 4 applicant, stakeholders, and community leaders and residents of the 5 applicant's service area. 6 5. The department shall publicly post the application and the health 7 equity impact assessment on the department's website within one week of 8 the filing with the department, including any filing with the council. 9 § 2. This act shall take effect on the one hundred eightieth day after 10 it becomes a law. Effective immediately, the commissioner of health and 11 the public health and health planning council shall make regulations and 12 take other actions reasonably necessary to implement this act on that 13 date.