senate Bill S5741

Establishes the Brooklyn health trust and the Brooklyn health commission

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 11 / Jun / 2013
    • REFERRED TO HEALTH

Summary

Establishes the Brooklyn health trust and the Brooklyn health commission.

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Bill Details

Versions:
S5741
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add Art 8-A §§810 - 818, Pub Health L

Sponsor Memo

BILL NUMBER:S5741

TITLE OF BILL: An act to amend the public health law, in relation to
establishing the Brooklyn health trust

PURPOSE:

This legislation would authorize the establishment of a Brooklyn
health trust that would assume the non-educational components of SUNY
Downstate Medical Hospital

SUMMARY OF PROVISIONS:

The bill amends the Public Health Law § 812-§ 818 by establishing the
"Brooklyn health act trust," defining its purposes; delineating the
Board membership process; identifying how both the trust and the
commission shall be funded from the sale of assets specifically cited
in the bill; to receive grants, gifts or bequests and depositing them
into the trust and accept payment from insurance carriers, Medicaid
and Medicare; and reporting procedures to the governor, the temporary
president of the senate and speaker of the assembly.

Moreover, this bill identifies the number and process by which members
of the trust board shall be appointed, representing public hospitals,
Brooklyn-based professional health care providers, and community
stakeholders based on their knowledge and concern with the quality of
health care delivery to the people of Brooklyn.

JUSTIFICATION:

Currently, the SUNY Downstate Medical School relies on Brooklyn for
41% of its students; employs half of the hospital's 8,000 workers and
is the fourth largest employer in the borough; the hospital generates
more than 813 billion in annual revenue to the state's economy;
produces more New York City physicians than any other medical school,
80% of whom remain in New York to practice. Operating in one of the
most diverse areas in the State, Downstate Medical School is also
located in a highly distressed economic area with one of the highest
foreclosure rates and a disproportionate aging population. Plagued
with both quality health care needs and one of the highest
unemployment rates in the State, the viability of Downstate Medical
School/Hospital is integral not only for the delivery of quality
health care but as an economic engine that supports the owner housing
stock.

When Downstate Medical Center assumed ownership of LICH in May, 2011,
it also assumed its debt and its real property assets. Prior to the
conveyance of LICH to Downstate, LICH was divested of many of its real
property assets and endowments under the intent to eliminate its
outstanding debt. Notwithstanding, the debt remained unpaid, and
subsequently both the debt and losses incurred by LICH eroded the
fiscal viability of Downstate in such a manner as to place it at risk.

Currently, Downstate Medical Center is in the process of a fiscal
restructure and eliminating certain ambulatory care, disciplines.
However, the hospital has yet to have the process driven by the actual
utilization of the hospital's varied health care delivery disciplines


to meet the needs of Brooklyn residents. As such, this bill provides
the sum of one million dollars, derived from the proceeds of the 18
real properties listed as assets in the court issued ruling approving
the sale of LICH to SUNY Downstate Medical Center. The commission will
serve as the research conduit to guide the trust with regard to
ambulatory services delivery and reflecting the fundamental needs of
the people of Brooklyn.

LEGISLATIVE HISTORY:

None

FISCAL IMPLICATIONS:

Proceeds from the sale of LICH surplus assets.

EFFECTIVE DATE:

Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5741

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 11, 2013
                               ___________

Introduced by Sens. ADAMS, PARKER -- 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 establishing the
  Brooklyn health trust

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  public health law is amended by adding a new article
8-A to read as follows:
                               ARTICLE 8-A
                          BROOKLYN HEALTH TRUST
SECTION 810. SHORT TITLE.
        811. DEFINITIONS.
        812. BROOKLYN HEALTH TRUST.
        813. PURPOSE OF THE TRUST.
        814. FUNDING.
        815. REPORTS.
        816. ASSISTANCE OF OTHER AGENCIES.
        817. MEMBERS NOT TO PROFIT.
        818. BROOKLYN HEALTH COMMISSION.
  S 810. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
THE "BROOKLYN HEALTH TRUST ACT".
  S  811. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1. "TRUST" SHALL MEAN THE  TRUST  CREATED  BY  SECTION  EIGHT  HUNDRED
TWELVE OF THIS ARTICLE.
  2.  "BOARD" SHALL MEAN THE BOARD OF THE TRUST CREATED BY SECTION EIGHT
HUNDRED TWELVE OF THIS ARTICLE.
  S 812. BROOKLYN HEALTH TRUST. 1. A TRUST TO BE KNOWN AS THE  "BROOKLYN
HEALTH TRUST" IS HEREBY CREATED UNDER THE JURISDICTION OF THE DEPARTMENT
AND  ITS EXISTENCE SHALL COMMENCE WITH THE APPOINTMENT OF THE MEMBERS OF
THE BOARD AS PROVIDED IN THIS ARTICLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10598-03-3

S. 5741                             2

  2. THE BOROUGH PRESIDENT OF THE BOROUGH OF  BROOKLYN  SHALL  SERVE  EX
OFFICIO AND AS CHAIR OF THE BOARD AND SHALL APPOINT MEMBERS OF THE BOARD
AS  FOLLOWS:   THREE MEMBERS WHO ARE RESIDENT MEDICAL PROFESSIONALS FROM
THE COUNTY OF KINGS, ONE MEMBER FROM A MEDICAL SCHOOL, TWO MEMBERS  FROM
RESIDENT  BUSINESSES  IN  THE COUNTY OF KINGS, TWO MEMBERS FROM RESIDENT
NOT-FOR-PROFIT ORGANIZATIONS IN THE COUNTY OF KINGS AND TWO MEMBERS  WHO
REPRESENT  THE  COMMUNITY FROM THE COUNTY OF KINGS. MEMBERS OF THE BOARD
SHALL BE APPOINTED TO THE BOARD BASED ON THEIR KNOWLEDGE AND  BACKGROUND
AS  RELEVANT TO THE PURPOSES OF THE TRUST, OR THEIR EXPERIENCE AND KNOW-
LEDGE IN THE FIELD OF AMBULATORY HEALTH CARE.  THE MAYOR OF THE CITY  OF
NEW  YORK SHALL APPOINT FIVE MEMBERS FROM AMONG THE GENERAL HOSPITALS IN
THE COUNTY OF KINGS BASED ON THEIR KNOWLEDGE AND BACKGROUND AS  RELEVANT
TO  THE  PURPOSES OF THE TRUST, OR THEIR EXPERIENCE AND KNOWLEDGE IN THE
FIELD OF AMBULATORY HEALTH CARE.
  3. ONE-THIRD OF THE MEMBERS OF THE BOARD SHALL BE INITIALLY  APPOINTED
FOR  A  TERM OF ONE YEAR, ONE-THIRD OF THE MEMBERS OF THE BOARD SHALL BE
INITIALLY APPOINTED FOR A TERM  OF  TWO  YEARS,  AND  ONE-THIRD  OF  THE
MEMBERS  OF  THE  BOARD SHALL BE INITIALLY APPOINTED FOR A TERM OF THREE
YEARS. MEMBERS MAY BE REAPPOINTED AND MAY  SERVE  TWO  CONSECUTIVE  FULL
TERMS,  IN ADDITION TO THE TERMS OF THEIR ORIGINAL APPOINTMENTS, BUT NOT
MORE THAN NINE CONSECUTIVE YEARS. EACH MEMBER SHALL CONTINUE  IN  OFFICE
UNTIL  SUCH  MEMBER'S  SUCCESSOR HAS BEEN APPOINTED AND QUALIFIES.  SUCH
CONTINUATION IN OFFICE SHALL NOT BE COUNTED  IN  DETERMINING  WHETHER  A
MEMBER  HAS  SERVED  NINE  CONSECUTIVE  YEARS. IN THE EVENT OF A VACANCY
OCCURRING IN THE OFFICE OF ANY MEMBER OF THE BOARD, OTHER  THAN  BY  THE
EXPIRATION  OF  A  MEMBER'S  TERM,  SUCH VACANCY SHALL BE FILLED FOR THE
BALANCE OF THE UNEXPIRED TERM, IF APPLICABLE, IN THE SAME MANNER AS  THE
ORIGINAL APPOINTMENT.
  4.  THE  MEMBERS  OF  THE  BOARD SHALL SERVE WITHOUT COMPENSATION, BUT
SHALL BE  ENTITLED  TO  REIMBURSEMENT  OF  THEIR  ACTUAL  AND  NECESSARY
EXPENSES INCURRED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES.
  5.  THE  POWERS  OF  THE  TRUST  SHALL BE VESTED IN AND EXERCISED BY A
MAJORITY OF THE MEMBERS OF THE BOARD.
  S 813. PURPOSE OF THE TRUST.  1. THE PURPOSE OF THE TRUST SHALL BE  TO
PROVIDE AMBULATORY HEALTH CARE TO LOW AND MODERATE INCOME RESIDENTS, THE
ELDERLY,  FRAIL  AND DISABLED PERSONS OF THE COUNTY OF KINGS. SUBJECT TO
ALL NECESSARY FEDERAL APPROVALS AND THE AVAILABILITY OF FUNDS, THE TRUST
SHALL CONTRACT WITH HOSPITALS IN THE COUNTY OF KINGS, ANY PUBLIC GENERAL
HOSPITAL, AND/OR WITH ANY SPONSORING LOCAL  GOVERNMENT  OF  SUCH  PUBLIC
GENERAL  HOSPITAL,  IN  ORDER  TO FUND THE NON-FEDERAL SHARE OF MEDICAID
FUNDS. THE TRUST SHALL BE ABLE TO ACCEPT PAYMENT FROM  INSURANCE  CARRI-
ERS, MEDICAID, AND MEDICARE.
  2.  THE TRUST SHALL BE FUNDED FROM ALL MONIES DERIVED FROM THE SALE OR
CONVEYANCE OF LONG ISLAND COLLEGE HOSPITAL AS DESCRIBED IN THIS ARTICLE.
  3. NOTHING CONTAINED IN THIS SECTION  SHALL  PREVENT  THE  TRUST  FROM
RECEIVING  GRANTS,  GIFTS OR BEQUESTS AND DEPOSITING THEM INTO THE TRUST
ACCORDING TO LAW.
  4. THE TRUST SHALL HAVE THE POWER TO ADOPT AND FROM TIME  TO  TIME  TO
AMEND  SUCH  RULES AND REGULATIONS AND TO PRESCRIBE SUCH CONDITIONS, NOT
INCONSISTENT WITH LAW, AS MAY BE NECESSARY  TO  MAKE  AVAILABLE  TO  THE
PEOPLE  OF  THE  STATE  THE RELIEF AND ASSISTANCE AFFORDED BY ANY ACT OF
CONGRESS FOR PUBLIC HEALTH WORK IN THE STATE.
  5. MONIES IN THIS TRUST SHALL ONLY BE USED  FOR  PURPOSES  ESTABLISHED
UNDER SUBDIVISION ONE OF THIS SECTION.
  S  814.  FUNDING.    THE  TRUST SHALL INITIALLY BE FUNDED IN AN AMOUNT
EQUAL TO THE PROCEEDS DERIVED FROM THE SALE OF  ASSETS  OF  LONG  ISLAND

S. 5741                             3

COLLEGE AND THE DOWNSTATE AT LICH HOLDING COMPANY KNOWN AS 339-357 HICKS
STREET,  AKA 70-84 ATLANTIC AVENUE, AKA 320-326 HENRY STREET, AKA 67-105
PACIFIC STREET/FULLER AND OTHMER PAVILLIONS, BLOCK 234, LOT 001; 328-346
HENRY  STREET,  AKA  79-113  AMITY STREET, AKA 359-377 HICKS STREET, AKA
68-106 PACIFIC STREET (POLAK PAVILLION), BLOCK 290, LOT 013;  336  FLAT-
BUSH  AVENUE,  BLOCK 1058, LOT 0030; 43 COLUMBIA, BLOCK 259, LOT 008; 74
AMITY STREET, AKA 379-383 HICKS STREET, BLOCK 295,  LOT  007;  82  AMITY
STREET,  BLOCK  295, LOT 011; 86 AMITY STREET, BLOCK 295, LOT 013; 88-98
AMITY STREET, BLOCK 295, LOT 014; 124-134 ATLANTIC AVENUE,  AKA  121-125
PACIFIC  STREET  (COBBLE  COURT  CONDOMINIUM),  BLOCK 285, LOT 1001; 184
STERLING PLACE, BLOCK 1058, LOT 028; 347-353 HENRY  STREET,  BLOCK  291,
LOT  001;  112  PACIFIC STREET, BLOCK 291, LOT 008; 113 CONGRESS STREET,
BLOCK 295, LOT 038; 348-352 HENRY  STREET,  AKA  115-121  AMITY  STREET,
BLOCK  295,  LOT  021; 350-352 HICKS STREET, BLOCK 282, LOT 050; 385-389
HICKS STREET, BLOCK 295, LOT 003; 76 AMITY STREET, BLOCK 295,  LOT  608;
78  AMITY STREET, BLOCK 295, LOT 009, UPON ITS DISSOLUTION BY THE COURT,
OR ITS CONVEYANCE.
  S 815. REPORTS. NOT LATER THAN NINETY DAYS FOLLOWING THE  END  OF  THE
STATE  FISCAL  YEAR THE TRUST SHALL ANNUALLY SUBMIT TO THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE AND THE  SPEAKER  OF  THE  ASSEMBLY  A
REPORT ON THE PRIORITIES AND FINANCES OF THE TRUST.
  S  816. ASSISTANCE OF OTHER AGENCIES. THE TRUST BOARD MAY REQUEST FROM
ANY STATE AGENCY OR POLITICAL SUBDIVISION OF THE STATE AND THE SAME  ARE
AUTHORIZED  TO PROVIDE SUCH ASSISTANCE AND INFORMATION AS WILL ENABLE IT
TO CARRY OUT ITS PURPOSE AND POWERS PURSUANT TO THIS ARTICLE.
  S 817. MEMBERS NOT TO PROFIT. NO MEMBER OF THE TRUST SHALL RECEIVE  OR
MAY BE LAWFULLY ENTITLED TO RECEIVE ANY PECUNIARY PROFIT FROM THE OPERA-
TION OF THE TRUST.
  S 818. BROOKLYN HEALTH COMMISSION. WITHIN NINETY DAYS AFTER THE ESTAB-
LISHMENT  OF  THE TRUST, THE TRUST SHALL ESTABLISH AND FUND THE BROOKLYN
HEALTH COMMISSION. FUNDING FOR THE COMMISSION SHALL BE MADE BY THE TRUST
IN AN AMOUNT OF ONE MILLION DOLLARS. THE  COMMISSION  SHALL  EXPEND  THE
FUNDS  FOR A STUDY OF THE HEALTH NEEDS OF THE RESIDENTS OF THE COUNTY OF
KINGS AND PREPARE A PLAN TO ADDRESS SUCH NEEDS, IN PART, BY THE TRUST.
  S 2. This act shall take effect immediately.

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