S T A T E O F N E W Y O R K
I N S E N A T E
April 14, 2010
Introduced by Sen. HUNTLEY -- 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 enacting the
"hospital closure planning act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "hospital closure planning act".
S 2. The public health law is amended by adding a new section 2801-g
to read as follows:
S 2801-G. COMMUNITY PLANNING FOR HOSPITAL CLOSURE. 1. NO LATER THAN
THIRTY DAYS AFTER RECEIVING WRITTEN NOTICE OF A GENERAL HOSPITAL'S
INTENT TO VOLUNTARILY DISCONTINUE OPERATIONS OR SURRENDER ITS OPERATING
CERTIFICATE, OR WITHIN THIRTY DAYS OF A GENERAL HOSPITAL'S INVOLUNTARY
CLOSURE OR A GENERAL HOSPITAL'S CLOSURE FOR WHICH NO WRITTEN NOTICE WAS
PROVIDED, THE COMMISSIONER SHALL HOLD A PUBLIC HEARING CONCERNING THE
ANTICIPATED IMPACT OF THE GENERAL HOSPITAL'S CLOSURE ON ACCESS TO HEALTH
CARE SERVICES BY MEMBERS OF THE SURROUNDING COMMUNITY, INCLUDING BUT NOT
LIMITED TO RECIPIENTS OF MEDICAL ASSISTANCE FOR NEEDY PERSONS, THE UNIN-
SURED, AND UNDERSERVED POPULATIONS, AND OPTIONS AND PROPOSALS TO AMELIO-
RATE SUCH ANTICIPATED IMPACT. THE COMMISSIONER SHALL ARRANGE FOR
PERSONS WITH RELEVANT EXPERTISE TO TESTIFY AT THE PUBLIC HEARING, AND
SHALL AFFORD COMMUNITY MEMBERS, HEALTH CARE PROVIDERS, LABOR UNIONS,
PAYERS, BUSINESSES AND CONSUMERS A REASONABLE OPPORTUNITY TO PROVIDE
2. NO LATER THAN THIRTY DAYS AFTER HOLDING A HEARING PURSUANT TO
SUBDIVISION ONE OF THIS SECTION, THE COMMISSIONER SHALL PROVIDE A WRIT-
TEN REPORT TO THE GOVERNOR AND THE LEGISLATURE STATING:
(A) HIS OR HER FINDINGS AS TO THE ANTICIPATED IMPACT OF THE GENERAL
HOSPITAL'S CLOSURE ON ACCESS TO HEALTH CARE SERVICES BY MEMBERS OF THE
SURROUNDING COMMUNITY, INCLUDING BUT NOT LIMITED TO RECIPIENTS OF
MEDICAL ASSISTANCE FOR NEEDY PERSONS, THE UNINSURED, AND UNDERSERVED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 7483 2
(B) SPECIFIC MEASURES THE DEPARTMENT AND OTHER PARTIES HAVE TAKEN OR
WILL TAKE TO AMELIORATE SUCH ANTICIPATED IMPACT; AND
(C) ANY FURTHER RECOMMENDATIONS TO IMPROVE ACCESS TO HEALTH CARE
SERVICES IN COMMUNITIES IMPACTED BY THE GENERAL HOSPITAL'S CLOSURE.
3. NO LATER THAN THIRTY DAYS AFTER PROVIDING A WRITTEN REPORT PURSU-
ANT TO SUBDIVISION TWO OF THIS SECTION, THE COMMISSIONER SHALL HOLD A
PUBLIC HEARING TO PRESENT THE CONTENT OF THE REPORT TO THE PUBLIC AND
AFFORD MEMBERS OF THE PUBLIC AN OPPORTUNITY TO COMMENT ON THE REPORT.
4. A PUBLIC HEARING CONDUCTED PURSUANT TO THIS SECTION SHALL BE HELD
AT A LOCATION WITHIN A REASONABLE PROXIMITY TO THE GENERAL HOSPITAL
SUBJECT TO CLOSURE, AND SHALL BE ANNOUNCED NO LESS THAN TEN DAYS PRIOR
TO THE HEARING DATE.
S 3. For any hospital closure occurring on or after January 1, 2009
and prior to the effective date of this act, the commissioner of health
shall not be required to conduct the initial public hearing required
pursuant to subdivision 1 of section 2801-g of the public health law as
added by this act. With respect to any such hospital closure, the writ-
ten report required pursuant to subdivision 2 of section 2801-g of the
public health law as added by this act shall be provided within sixty
days of the effective date of this act, and the subsequent public hear-
ing required pursuant to subdivision 3 of such section shall be
conducted within 30 days of the issuance of such report.
S 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2009.