senate Bill S5972A

Relates to the reduction of hours or closure of a hospital emergency department

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 28 / Oct / 2013
    • REFERRED TO RULES
  • 15 / Nov / 2013
    • AMEND AND RECOMMIT TO RULES
  • 15 / Nov / 2013
    • PRINT NUMBER 5972A
  • 08 / Jan / 2014
    • REFERRED TO HEALTH

Summary

Requires a public hearing where there is a proposal to reduce the number of hours or closure of a hospital emergency department; provides that no executive bonuses shall be given in a calendar year in which a request to reduce the hours or close a hospital emergency department is sent to the department, an application is in the process of being reviewed by the department to reduce the hours or close a hospital emergency department or in the calendar year following a final decision by the department to reduce the hours or close such hospital emergency department.

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Bill Details

See Assembly Version of this Bill:
A8221A
Versions:
S5972
S5972A
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add ยง2801-h, Pub Health L

Sponsor Memo

BILL NUMBER:S5972A

TITLE OF BILL: An act to amend the public health law, in relation to
the reduction of hours or closure of a hospital emergency department

PURPOSE:

To require that public participation is made available when reductions
to a hospital's emergency department hours are being considered by the
New York State Department of Health. The legislation also requires
financial accountability on the part of hospital executives when such
a reduction is requested.

SUMMARY OF PROVISIONS:

Requires a public hearing by the New York State Department of Health
in the affected community of a proposed reduction in hours to a
hospital's emergency room. Also prohibits the issuing of hospital
executive bonuses at and immediately after the time of the request to
the Department of Health.

JUSTIFICATION:

Emergency departments are a basic service provided by a hospital to
the surrounding community. In light of recent requests by a number of
hospitals to the Department of Health to reduce hours at their
emergency department and given negative effects such a decision would
have on the community, it is important that a public hearing be held
in the hospital's geographic area and input be received by those who
would be affected.

Furthermore, hospitals that have submitted aforementioned requests to
reduce hours at their emergency department often claim it is out of
financial necessity. If that is the case, bonuses to the hospital's
executives should be prohibited at and immediately after the time of
the request to the Department of Health, If there is no funding for
basic service such as an emergency department, it is irresponsible to
suggest that funding is available for hospital executive bonuses.

LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

Nominal cost to Department of Health to hold public hearings.

EFFECTIVE DATE:

Immediately.

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

                                 5972--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            October 28, 2013
                               ___________

Introduced  by  Sen.  LARKIN -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Rules  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to amend the public health law, in relation to the reduction of
  hours or closure of a hospital emergency department

  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 section
2801-h to read as follows:
  S 2801-H. PUBLIC HEARING ON HOSPITAL EMERGENCY DEPARTMENT REDUCTION OF
HOURS OR CLOSURE. 1. NO LATER THAN SIX MONTHS FROM RECEIVING A  PROPOSAL
FROM  A  GENERAL  HOSPITAL  FOR  THE REDUCTION OF HOURS OR CLOSURE OF AN
EMERGENCY DEPARTMENT OF SUCH GENERAL HOSPITAL,  THE  COMMISSIONER  SHALL
HOLD A PUBLIC HEARING FOR THE PURPOSE OF OBTAINING PUBLIC INPUT CONCERN-
ING  THE  ANTICIPATED IMPACT OF THE REDUCTION OF HOURS OR GENERAL HOSPI-
TAL'S EMERGENCY DEPARTMENT 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  POPULATIONS,  AND  OPTIONS AND PROPOSALS TO AMELIORATE SUCH
ANTICIPATED IMPACT. THE COMMISSIONER  SHALL  AFFORD  COMMUNITY  MEMBERS,
HEALTH  CARE PROVIDERS, LABOR UNIONS, PAYERS, BUSINESSES AND CONSUMERS A
REASONABLE OPPORTUNITY TO SPEAK ABOUT RELEVANT MATTERS AT SUCH COMMUNITY
FORUM.
  2. A PUBLIC HEARING CONDUCTED PURSUANT TO THIS SECTION SHALL  BE  HELD
AT  A  LOCATION  WITHIN  A REASONABLE PROXIMITY TO SUCH GENERAL HOSPITAL
EMERGENCY DEPARTMENT SUBJECT TO REDUCTION OF HOURS OR CLOSURE, AND SHALL
BE ANNOUNCED NO LESS THAN TEN DAYS PRIOR TO  THE  DATE  OF  SUCH  PUBLIC
HEARING.
  3.  NO HOSPITAL EXECUTIVE BONUSES SHALL BE GIVEN IN A CALENDAR YEAR IN
WHICH A REQUEST TO REDUCE  THE  HOURS  OR  CLOSE  A  HOSPITAL  EMERGENCY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11932-04-3

S. 5972--A                          2

DEPARTMENT  IS  SENT TO THE DEPARTMENT, AN APPLICATION IS IN THE PROCESS
OF BEING REVIEWED BY THE DEPARTMENT TO  REDUCE  THE  HOURS  OR  CLOSE  A
HOSPITAL  EMERGENCY DEPARTMENT OR IN THE CALENDAR YEAR OF AND THE CALEN-
DAR  YEAR  FOLLOWING  A  FINAL  DECISION BY THE DEPARTMENT TO REDUCE THE
HOURS OR CLOSE SUCH HOSPITAL EMERGENCY DEPARTMENT.
  S 2. Any hospital emergency department reduction of hours  or  closure
pending  before the department of health shall be delayed and subject to
the provisions of section 2801-h of the public health law, as  added  by
section one of this act.
  S 3. This act shall take effect immediately.

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