Senate Bill S2500A

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

                                 2500--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 26, 2015
                               ___________

Introduced  by  Sens.  SQUADRON,  HASSELL-THOMPSON, HOYLMAN, MONTGOMERY,
  PANEPINTO -- read twice and ordered printed, and when  printed  to  be
  committed  to  the Committee on Health -- reported favorably from said
  committee and committed to  the  Committee  on  Finance  --  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 closure of
  hospitals

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

  Section 1. This act shall be known and maybe cited as the "local input
in community healthcare act".
  S  2.  The public health law is amended by adding a new section 2801-i
to read as follows:
  S 2801-I. CLOSURE OF HOSPITALS. 1. NOTWITHSTANDING  ANY  PROVISION  OF
LAW  TO  THE CONTRARY, THE CLOSURE OF A GENERAL HOSPITAL OR SURRENDER OF
AN OPERATING CERTIFICATE PURSUANT TO THIS ARTICLE SHALL  BE  SUBJECT  TO
REVIEW AND APPROVAL BY THE COMMISSIONER.
  2.  (A)  NO LATER THAN THIRTY DAYS AFTER RECEIPT OF AN APPLICATION FOR
CLOSURE OF A GENERAL HOSPITAL IN A CITY WITH A POPULATION OF ONE MILLION
OR MORE, THE COMMISSIONER SHALL SUBMIT A WRITTEN REPORT TO THE COMMUNITY
BOARD, THE CITY PLANNING COMMISSION, THE CITY COUNCIL MEMBER  REPRESENT-
ING  THE AREA WITHIN WHICH THE FACILITY IS LOCATED, THE PRESIDENT OF THE
BOROUGH WITHIN WHICH THE FACILITY IS LOCATED, THE  CONGRESSIONAL  REPRE-
SENTATIVE  FOR  THE  DISTRICT  IN WHICH THE FACILITY IS LOCATED, AND THE
STATE SENATOR AND THE ASSEMBLY MEMBER REPRESENTING THE AREA WITHIN WHICH
THE FACILITY IS LOCATED, OR THE CITY DEPARTMENT OF HEALTH. SUCH  WRITTEN
REPORT SHALL INCLUDE:
  (1) THE ANTICIPATED IMPACT OF THE GENERAL HOSPITAL'S CLOSURE ON ACCESS
TO  HEALTH  CARE  SERVICES  BY  MEMBERS  OF THE SURROUNDING COMMUNITIES,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08301-04-5

              

S. 2500--A                          2

INCLUDING BUT NOT LIMITED TO RECIPIENTS OF MEDICAL ASSISTANCE FOR  NEEDY
PERSONS, THE UNINSURED, AND UNDERSERVED POPULATIONS;
  (2)  SPECIFIC  MEASURES THE DEPARTMENT AND OTHER PARTIES HAVE TAKEN OR
WOULD TAKE TO AMELIORATE SUCH ANTICIPATED IMPACT ON THE COMMUNITIES;
  (3) ANY  FURTHER  RECOMMENDATIONS  REGARDING  ACCESS  TO  HEALTH  CARE
SERVICES IN COMMUNITIES IMPACTED BY THE CLOSURE;
  (4)  AN  ASSESSMENT  OF  THE  ABILITY OF THE STATE TO ASSUME FINANCIAL
RESPONSIBILITY OR IDENTIFY AN ALTERNATE OPERATOR; AND
  (5) COMPLETE COPIES OF THE APPLICATION OR REQUEST FOR CLOSURE.
  (B) THE COMMISSIONER SHALL ALSO MAKE A FULL COPY OF SUCH REPORT AVAIL-
ABLE TO THE PUBLIC ON THE DEPARTMENT'S WEBSITE.
  3. SUCH COMMUNITY BOARD, CITY COUNCIL MEMBER, STATE SENATOR,  ASSEMBLY
MEMBER,  CONGRESSIONAL REPRESENTATIVE, AND BOROUGH PRESIDENT, CITY PLAN-
NING COMMISSION, OR CITY HEALTH DEPARTMENT MAY REVIEW AND MAKE RECOMMEN-
DATIONS BASED UPON SUCH WRITTEN REPORT BY THE COMMISSIONER WITHIN THIRTY
DAYS OF RECEIPT THEREOF. ANY RECOMMENDATION  BY  SUCH  COMMUNITY  BOARD,
CITY  COUNCIL  MEMBER,  STATE  SENATOR,  ASSEMBLY  MEMBER, CONGRESSIONAL
REPRESENTATIVE, BOROUGH PRESIDENT, OR CITY PLANNING COMMISSION, OR  CITY
HEALTH DEPARTMENT OF SUCH CITY SHALL BE SUBMITTED TO THE COMMISSIONER.
  4.  UPON  ANY  DECISION  BY  THE  COMMISSIONER TO APPROVE OR REJECT AN
APPLICATION FOR CLOSURE OF A GENERAL HOSPITAL IN A  CITY  WITH  A  POPU-
LATION  OF ONE MILLION OR MORE, THE COMMISSIONER SHALL MAKE AVAILABLE TO
THE PUBLIC ON THE DEPARTMENT'S WEBSITE A WRITTEN REPORT INCLUDING:
  (A) A SUMMARY OF THE ISSUES RAISED  PURSUANT  TO  SUBDIVISION  ONE  OF
SECTION  TWENTY-EIGHT HUNDRED ONE-G OF THIS ARTICLE AND A SUMMARY OF ANY
RECOMMENDATIONS SUBMITTED BY THE COMMUNITY BOARD, CITY  COUNCIL  MEMBER,
STATE  SENATOR,  ASSEMBLY  MEMBER, CONGRESSIONAL REPRESENTATIVE, BOROUGH
PRESIDENT, CITY PLANNING COMMISSION, OR CITY HEALTH DEPARTMENT  PURSUANT
TO SUBDIVISION THREE OF THIS SECTION;
  (B)  A STATEMENT OF THE REASONS WHY ANY SIGNIFICANT ALTERNATIVE RECOM-
MENDATIONS MADE PURSUANT TO  SUBDIVISION  ONE  OF  SECTION  TWENTY-EIGHT
HUNDRED ONE-G OF THIS ARTICLE AND SUBDIVISION THREE OF THIS SECTION WERE
OR WERE NOT INCORPORATED INTO THE FINAL PLAN;
  (C) A DESCRIPTION OF ANY CHANGES MADE TO THE PROPOSED PLAN AS A RESULT
OF THE ISSUES RAISED PURSUANT TO SUBDIVISION ONE OF SECTION TWENTY-EIGHT
HUNDRED  ONE-G  OF THIS ARTICLE AND THE RECOMMENDATIONS SUBMITTED BY THE
COMMUNITY BOARD, CITY COUNCIL MEMBER, STATE  SENATOR,  ASSEMBLY  MEMBER,
CONGRESSIONAL  REPRESENTATIVE,  BOROUGH PRESIDENT, CITY PLANNING COMMIS-
SION, CITY HEALTH DEPARTMENT OR MEMBER OF THE PUBLIC PURSUANT TO  SUBDI-
VISION THREE OF THIS SECTION; AND
  (D)  A  COMPLETE  COPY  OF  THE  PROPOSED DECISION OF THE COMMISSIONER
REGARDING THE CLOSURE OF THE HOSPITAL,  INCLUDING  ALL  PROPOSED  TERMS,
CONDITIONS  AND  PLANS  FOR  PROVIDING  HEALTH  SERVICES TO THE AFFECTED
COMMUNITIES AND POPULATIONS.
  5. THE COMMISSIONER MAY ONLY APPROVE THE  APPLICATION  IF  HE  OR  SHE
REASONABLY  DETERMINES  THAT  THE  NEEDS  OF  THE COMMUNITY AND IMPACTED
STAKEHOLDERS, INCLUDING BUT NOT LIMITED TO ACCESS TO  EMERGENCY  MEDICAL
CARE, CAN BE ADEQUATELY MET.
  6.  NO CLOSURE SHALL BE APPROVED UNDER THIS SECTION UNLESS THE COMMIS-
SIONER COMPLIES WITH THE PROVISIONS OF THIS SECTION AND  THE  PROVISIONS
OF SECTION TWENTY-EIGHT HUNDRED ONE-G OF THIS ARTICLE.
  7. THE COMMISSIONER SHALL PROMULGATE ANY RULES NECESSARY TO EFFECTUATE
THE PROVISIONS OF THIS SECTION.
  S  3. Subdivisions 1 and 2 of section 2801-g of the public health law,
as added by chapter 541 of the laws of 2010,  are  amended  to  read  as
follows:

S. 2500--A                          3

  1.  No  later than [thirty] FORTY-FIVE days after [the] AN APPLICATION
FOR closure of a general hospital, the commissioner shall hold a  public
community forum for the purpose of obtaining public input 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 afford community
members, health care providers, labor unions, payers, businesses  [and],
consumers,  THE  COMMUNITY BOARD, THE CITY PLANNING COMMISSION, THE CITY
COUNCIL MEMBER REPRESENTING  THE  AREA  WITHIN  WHICH  THE  FACILITY  IS
LOCATED,  THE CONGRESSIONAL REPRESENTATIVE FOR THE DISTRICT IN WHICH THE
FACILITY IS LOCATED, THE PRESIDENT  OF  THE  BOROUGH  WITHIN  WHICH  THE
FACILITY  IS  LOCATED, AND THE STATE SENATOR AND ASSEMBLY MEMBER REPRES-
ENTING THE AREA WITHIN WHICH  THE  FACILITY  IS  LOCATED,  a  reasonable
opportunity to speak about relevant matters at such community forum. THE
COMMISSIONER  SHALL  ALSO  ACCEPT  COMMENTS SUBMITTED IN WRITING AT SUCH
PUBLIC FORUM AND BY MAIL WITHIN A REASONABLE  TIMEFRAME.  AT  LEAST  TEN
DAYS  PRIOR  TO  SUCH  COMMUNITY  FORUM,  THE COMMISSIONER SHALL RELEASE
PUBLICLY AND POST ON ITS WEBSITE A COMPLETE COPY OF  THE  COMMISSIONER'S
REPORT  RELATED  TO  THE  CLOSURE REQUIRED BY SUBDIVISION TWO OF SECTION
TWENTY-EIGHT HUNDRED ONE-I OF THIS ARTICLE.
  2. No later than [sixty] THIRTY days after holding a  community  forum
pursuant to subdivision one of this section, the commissioner shall make
available  to  the  public  on  the department's website [information] A
WRITTEN REPORT regarding:
  (a) the anticipated impact of the general hospital's closure on access
to health care services by members of the surrounding community, includ-
ing but not limited  to  recipients  of  medical  assistance  for  needy
persons, the uninsured, and underserved populations;
  (b)  specific  measures the department and other parties have taken or
will take to ameliorate such anticipated impact; [and]
  (c) any  further  recommendations  regarding  access  to  health  care
services in communities impacted by the general hospital's closure; AND
  (D)  INFORMATION  ABOUT  TRANSITIONAL MEDICAL SERVICES TO THE IMPACTED
COMMUNITIES, INCLUDING BUT NOT LIMITED TO ARRANGEMENTS FOR CONTINUITY OF
CARE.
  S 4. This act shall take effect immediately.