senate Bill S5972A

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to health
Nov 15, 2013 print number 5972a
amend and recommit to rules
Oct 28, 2013 referred to rules

Bill Amendments

Original
A (Active)
Original
A (Active)

S5972 - Bill Details

See Assembly Version of this Bill:
A8221A
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add §2801-h, Pub Health L

S5972 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S5972

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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5972

                       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

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 PRIOR TO A GENERAL HOSPI-
TAL PROPOSING THE REDUCTION OF HOURS OR CLOSURE OF THE EMERGENCY DEPART-
MENT OF SUCH GENERAL HOSPITAL, THE  COMMISSIONER  SHALL  HOLD  A  PUBLIC
HEARING  FOR THE PURPOSE OF OBTAINING PUBLIC INPUT CONCERNING THE ANTIC-
IPATED IMPACT OF THE REDUCTION OF HOURS OR GENERAL HOSPITAL'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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11932-02-3

S. 5972                             2

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.

S5972A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8221A
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add §2801-h, Pub Health L

S5972A (ACTIVE) - Bill Texts

view 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.

view 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 full text
download pdf
                    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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