Bill Text: NY S02500 | 2015-2016 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to the closure of hospitals.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO HEALTH [S02500 Detail]
Download: New_York-2015-S02500-Introduced.html
Bill Title: Relates to the closure of hospitals.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO HEALTH [S02500 Detail]
Download: New_York-2015-S02500-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2500
2015-2016 Regular Sessions
I N S E N A T E
January 26, 2015
___________
Introduced by Sen. SQUADRON -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to the closure of
hospitals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act shall be known and maybe cited as the "local input
2 in community healthcare act".
3 S 2. The public health law is amended by adding a new section 2801-i
4 to read as follows:
5 S 2801-I. CLOSURE OF HOSPITALS. 1. NOTWITHSTANDING ANY PROVISION OF
6 LAW TO THE CONTRARY, THE CLOSURE OF A GENERAL HOSPITAL, SURRENDER OF AN
7 OPERATING CERTIFICATE, OR ELIMINATION OF A SERVICE ALLOWED FOR IN AN
8 OPERATING CERTIFICATE PURSUANT TO THIS ARTICLE SHALL BE SUBJECT TO
9 REVIEW AND APPROVAL BY THE COMMISSIONER.
10 2. (A) NO LATER THAN THIRTY DAYS AFTER RECEIPT OF AN APPLICATION FOR
11 CLOSURE OF A GENERAL HOSPITAL IN A CITY WITH A POPULATION OF ONE MILLION
12 OR MORE, THE COMMISSIONER SHALL SUBMIT A WRITTEN REPORT TO THE COMMUNITY
13 BOARD, THE CITY PLANNING COMMISSION, THE CITY COUNCIL MEMBER REPRESENT-
14 ING THE AREA WITHIN WHICH THE FACILITY IS LOCATED, THE PRESIDENT OF THE
15 BOROUGH WITHIN WHICH THE FACILITY IS LOCATED, THE CONGRESSIONAL REPRE-
16 SENTATIVE FOR THE DISTRICT IN WHICH THE FACILITY IS LOCATED, AND THE
17 STATE SENATOR AND THE ASSEMBLY MEMBER REPRESENTING THE AREA WITHIN WHICH
18 THE FACILITY IS LOCATED, OR THE CITY DEPARTMENT OF HEALTH. SUCH WRITTEN
19 REPORT SHALL INCLUDE:
20 (1) THE ANTICIPATED IMPACT OF THE GENERAL HOSPITAL'S CLOSURE ON ACCESS
21 TO HEALTH CARE SERVICES BY MEMBERS OF THE SURROUNDING COMMUNITIES,
22 INCLUDING BUT NOT LIMITED TO RECIPIENTS OF MEDICAL ASSISTANCE FOR NEEDY
23 PERSONS, THE UNINSURED, AND UNDERSERVED POPULATIONS;
24 (2) SPECIFIC MEASURES THE DEPARTMENT AND OTHER PARTIES HAVE TAKEN OR
25 WOULD TAKE TO AMELIORATE SUCH ANTICIPATED IMPACT ON THE COMMUNITIES;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08301-03-5
S. 2500 2
1 (3) ANY FURTHER RECOMMENDATIONS REGARDING ACCESS TO HEALTH CARE
2 SERVICES IN COMMUNITIES IMPACTED BY THE CLOSURE;
3 (4) AN ASSESSMENT OF THE ABILITY OF THE STATE TO ASSUME FINANCIAL
4 RESPONSIBILITY OR IDENTIFY AN ALTERNATE OPERATOR; AND
5 (5) COMPLETE COPIES OF THE APPLICATION OR REQUEST FOR CLOSURE.
6 (B) THE COMMISSIONER SHALL ALSO MAKE A FULL COPY OF SUCH REPORT AVAIL-
7 ABLE TO THE PUBLIC ON THE DEPARTMENT'S WEBSITE.
8 3. SUCH COMMUNITY BOARD, CITY COUNCIL MEMBER, STATE SENATOR, ASSEMBLY
9 MEMBER, CONGRESSIONAL REPRESENTATIVE, AND BOROUGH PRESIDENT, CITY PLAN-
10 NING COMMISSION, OR CITY HEALTH DEPARTMENT MAY REVIEW AND MAKE RECOMMEN-
11 DATIONS BASED UPON SUCH WRITTEN REPORT BY THE COMMISSIONER WITHIN THIRTY
12 DAYS OF RECEIPT THEREOF. ANY RECOMMENDATION BY SUCH COMMUNITY BOARD,
13 CITY COUNCIL MEMBER, STATE SENATOR, ASSEMBLY MEMBER, CONGRESSIONAL
14 REPRESENTATIVE, BOROUGH PRESIDENT, OR CITY PLANNING COMMISSION, OR CITY
15 HEALTH DEPARTMENT OF SUCH CITY SHALL BE SUBMITTED TO THE COMMISSIONER.
16 4. UPON ANY DECISION BY THE COMMISSIONER TO APPROVE OR REJECT AN
17 APPLICATION FOR CLOSURE OF A GENERAL HOSPITAL IN A CITY WITH A POPU-
18 LATION OF ONE MILLION OR MORE, THE COMMISSIONER SHALL MAKE AVAILABLE TO
19 THE PUBLIC ON THE DEPARTMENT'S WEBSITE A WRITTEN REPORT INCLUDING:
20 (A) A SUMMARY OF THE ISSUES RAISED PURSUANT TO SUBDIVISION ONE OF
21 SECTION TWENTY-EIGHT HUNDRED ONE-G OF THIS ARTICLE AND A SUMMARY OF ANY
22 RECOMMENDATIONS SUBMITTED BY THE COMMUNITY BOARD, CITY COUNCIL MEMBER,
23 STATE SENATOR, ASSEMBLY MEMBER, CONGRESSIONAL REPRESENTATIVE, BOROUGH
24 PRESIDENT, CITY PLANNING COMMISSION, OR CITY HEALTH DEPARTMENT PURSUANT
25 TO SUBDIVISION THREE OF THIS SECTION;
26 (B) A STATEMENT OF THE REASONS WHY ANY SIGNIFICANT ALTERNATIVE RECOM-
27 MENDATIONS MADE PURSUANT TO SUBDIVISION ONE OF SECTION TWENTY-EIGHT
28 HUNDRED ONE-G OF THIS ARTICLE AND SUBDIVISION THREE OF THIS SECTION WERE
29 OR WERE NOT INCORPORATED INTO THE FINAL PLAN;
30 (C) A DESCRIPTION OF ANY CHANGES MADE TO THE PROPOSED PLAN AS A RESULT
31 OF THE ISSUES RAISED PURSUANT TO SUBDIVISION ONE OF SECTION TWENTY-EIGHT
32 HUNDRED ONE-G OF THIS ARTICLE AND THE RECOMMENDATIONS SUBMITTED BY THE
33 COMMUNITY BOARD, CITY COUNCIL MEMBER, STATE SENATOR, ASSEMBLY MEMBER,
34 CONGRESSIONAL REPRESENTATIVE, BOROUGH PRESIDENT, CITY PLANNING COMMIS-
35 SION, CITY HEALTH DEPARTMENT OR MEMBER OF THE PUBLIC PURSUANT TO SUBDI-
36 VISION THREE OF THIS SECTION; AND
37 (D) A COMPLETE COPY OF THE PROPOSED DECISION OF THE COMMISSIONER
38 REGARDING THE CLOSURE OF THE HOSPITAL, INCLUDING ALL PROPOSED TERMS,
39 CONDITIONS AND PLANS FOR PROVIDING HEALTH SERVICES TO THE AFFECTED
40 COMMUNITIES AND POPULATIONS.
41 5. THE COMMISSIONER MAY ONLY APPROVE THE APPLICATION IF HE OR SHE
42 REASONABLY DETERMINES THAT THE NEEDS OF THE COMMUNITY AND IMPACTED
43 STAKEHOLDERS, INCLUDING BUT NOT LIMITED TO ACCESS TO EMERGENCY MEDICAL
44 CARE, CAN BE ADEQUATELY MET.
45 6. NO CLOSURE SHALL BE APPROVED UNDER THIS SECTION UNLESS THE COMMIS-
46 SIONER COMPLIES WITH THE PROVISIONS OF THIS SECTION AND THE PROVISIONS
47 OF SECTION TWENTY-EIGHT HUNDRED ONE-G OF THIS ARTICLE.
48 7. THE COMMISSIONER SHALL PROMULGATE ANY RULES NECESSARY TO EFFECTUATE
49 THE PROVISIONS OF THIS SECTION.
50 S 3. Subdivisions 1 and 2 of section 2801-g of the public health law,
51 as added by chapter 541 of the laws of 2010, are amended to read as
52 follows:
53 1. No later than [thirty] FORTY-FIVE days after [the] AN APPLICATION
54 FOR closure of a general hospital, the commissioner shall hold a public
55 community forum for the purpose of obtaining public input concerning the
56 anticipated impact of the general hospital's closure on access to health
S. 2500 3
1 care services by members of the surrounding community, including but not
2 limited to recipients of medical assistance for needy persons, the unin-
3 sured, and underserved populations, and options and proposals to amelio-
4 rate such anticipated impact. The commissioner shall afford community
5 members, health care providers, labor unions, payers, businesses [and],
6 consumers, THE COMMUNITY BOARD, THE CITY PLANNING COMMISSION, THE CITY
7 COUNCIL MEMBER REPRESENTING THE AREA WITHIN WHICH THE FACILITY IS
8 LOCATED, THE CONGRESSIONAL REPRESENTATIVE FOR THE DISTRICT IN WHICH THE
9 FACILITY IS LOCATED, THE PRESIDENT OF THE BOROUGH WITHIN WHICH THE
10 FACILITY IS LOCATED, AND THE STATE SENATOR AND ASSEMBLY MEMBER REPRES-
11 ENTING THE AREA WITHIN WHICH THE FACILITY IS LOCATED, a reasonable
12 opportunity to speak about relevant matters at such community forum. THE
13 COMMISSIONER SHALL ALSO ACCEPT COMMENTS SUBMITTED IN WRITING AT SUCH
14 PUBLIC FORUM AND BY MAIL WITHIN A REASONABLE TIMEFRAME. AT LEAST TEN
15 DAYS PRIOR TO SUCH COMMUNITY FORUM, THE COMMISSIONER SHALL RELEASE
16 PUBLICLY AND POST ON ITS WEBSITE A COMPLETE COPY OF THE COMMISSIONER'S
17 REPORT RELATED TO THE CLOSURE REQUIRED BY SUBDIVISION TWO OF SECTION
18 TWENTY-EIGHT HUNDRED ONE-I OF THIS ARTICLE.
19 2. No later than [sixty] THIRTY days after holding a community forum
20 pursuant to subdivision one of this section, the commissioner shall make
21 available to the public on the department's website [information] A
22 WRITTEN REPORT regarding:
23 (a) the anticipated impact of the general hospital's closure on access
24 to health care services by members of the surrounding community, includ-
25 ing but not limited to recipients of medical assistance for needy
26 persons, the uninsured, and underserved populations;
27 (b) specific measures the department and other parties have taken or
28 will take to ameliorate such anticipated impact; [and]
29 (c) any further recommendations regarding access to health care
30 services in communities impacted by the general hospital's closure; AND
31 (D) INFORMATION ABOUT TRANSITIONAL MEDICAL SERVICES TO THE IMPACTED
32 COMMUNITIES, INCLUDING BUT NOT LIMITED TO ARRANGEMENTS FOR CONTINUITY OF
33 CARE.
34 S 4. This act shall take effect immediately.
