S T A T E O F N E W Y O R K
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1015
2017-2018 Regular Sessions
I N A S S E M B L Y
January 10, 2017
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Introduced by M. of A. SIMON, ARROYO, BARRON, COOK, COLTON, MOSLEY,
SKOUFIS, STECK, WALKER, DAVILA, SEAWRIGHT, ABINANTI, HOOPER, ORTIZ --
Multi-Sponsored by -- M. of A. BLAKE -- read once and referred to the
Committee on Health
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 may be cited as the "local
input in community healthcare act".
§ 2. The public health law is amended by adding a new section 2801-h
to read as follows:
§ 2801-H. 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,
INCLUDING BUT NOT LIMITED TO RECIPIENTS OF MEDICAL ASSISTANCE FOR NEEDY
PERSONS, THE UNINSURED, AND UNDERSERVED POPULATIONS;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00446-02-7
A. 1015 2
(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.
§ 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:
1. No later than [thirty] FORTY-FIVE days after [the] AN APPLICATION
FOR closure of a general hospital, the commissioner shall hold a public
A. 1015 3
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-H 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.
§ 4. This act shall take effect immediately.