NY State Senate Bill S266

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
In Committee
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2017	referred to health

Co-Sponsors

S266 (ACTIVE) - Details

See Senate Version of this Bill:: S7082
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §2801-i, amd §2801-g, Pub Health L
Versions Introduced in 2015-2016 Legislative Session:: S2500

S266 (ACTIVE) - Summary

Relates to the closure of hospitals.

S266 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S266

 TITLE OF BILL :

An act to amend the public health law, in relation to the closure of
hospitals

 PURPOSE OR GENERAL IDEA OF THE BILL :

To allow for greater community input when hospital closures are
threatened.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 establishes the title as the "Local Input in Community
Healthcare (LICH) Act"

Section 2 adds a new Section 2801-i of the public health law to give
explicit authority for closure of hospitals to the Commissioner of the
New York State Department of Health. It also requires the Commissioner
to:

Issue a report within 30 days of an application for closure,
including:

*The anticipated impact of closure on the surrounding communities'

access to care, including the uninsured and underserved;

*What measures DOH and others have taken or plan to take to lessen any
negative impact;

*Any other recommendations regarding access to health care services in
the impacted communities;

*Why the State cannot assume financial responsibility for the hospital
or identify an alternate operator.

*Complete copies of the application for closure. Upon any decision to
approve or reject an application for closure of a general hospital in
a city of one million or more, respond to community input by:

*Answering, in summary, comments received from community members and
local elected officials

*Explaining why significant alternatives were or were not incorporated
into a final closure plan.

*Identifying any changes to the plan resulting from community concerns
or suggestions.

*Releasing a complete copy of the proposed closure decision, including
plans for providing health services to the impacted communities Only
approve the application if needs of the community and impacted
stakeholders, including access to emergency medical care, can be
adequately met.

Section 2 also allows local elected officials and relevant agencies in
cities of one million or more to respond to an application for
closure.

Section 3 amends subdivisions 1 and 2 of section 2801-g of the public
health law, as added by chapter 541 of the laws of 2010, which
requires the commissioner of the New York State Department of Health
to:


Hold a community forum, giving community members and local elected
officials the chance to raise questions, voice concerns, and offer
alternatives, both in person and via written comment.

Post a copy of the report related to the proposed closure at least ten
days prior to such community forum.

Produce a written report regarding:

*The anticipated impact of closure on the surrounding communities'
access to care, including the uninsured and underserved;

*What measures DOH and others have taken or plan to take to lessen any
negative impact;

*Any other recommendations regarding access to health care services in
the impacted communities;

*Explain options for transitional medical services to impacted
communities, including arrangements for continuity of care.

Section 4 establishes the effective date.

 JUSTIFICATION :

The proposed closure of Long Island College Hospital, formerly
operated by the State University of New York-Downstate, ended up in
court for nearly two years, during which a court said that the current
regulation governing hospital closures is "unconstitutionally vague."
The court proceeding made clear that there was no process for
determining the healthcare impact of the hospital's closure on Cobble
Hill and surrounding communities or Brooklyn. In addition, there was
no role for real community input or transparency. Throughout the
multi-year fight to save a full-service hospital in Cobble Hill, the
community's needs were repeatedly ignored.

Current law only requires a community forum to be held after a
hospital has already been closed and does not require the commissioner
of the State Department of Health to consider the health care needs of
the community, including emergency medical care or transitional care,
as part of the commissioner's decision to approve a hospital closure.

The LICH Act would allow the commissioner to only approve a hospital
closure application if the needs of the community and impacted
stakeholders, including access to emergency medical care, can be
adequately met. And, under the proposal, the commissioner would not be
allowed to close a hospital without a significant and thorough
community input process dictated by a statutorily imposed timeline.

 PRIOR LEGISLATIVE HISTORY :

2016: S2500A/A6417A - REPORTED FROM HEALTH AND COMMITTED TO FINANCE/
passed assembly
2015: S2500A/A6417A - REFERRED TO FINANCE/ passed assembly

 FISCAL IMPLICATIONS :

Minimal Fiscal Impact

 EFFECTIVE DATE :
Immediately.

S266 (ACTIVE) - Bill Text download pdf


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

                                   266

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2017
                               ___________

Introduced  by  Sens.  SQUADRON,  HOYLMAN,  MONTGOMERY -- 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 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-i
to read as follows:
  §  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,
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.

                                                           LBD00446-03-7

S. 266                              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

S. 266                              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-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.
  § 4. This act shall take effect immediately.

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The New York State Senate

senate Bill S266

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

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Co-Sponsors

S266 (ACTIVE) - Details

S266 (ACTIVE) - Summary

S266 (ACTIVE) - Sponsor Memo

S266 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S266

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Sponsored By

Daniel L. Squadron

Archive: Last Bill Status - In Senate Committee Health Committee

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Co-Sponsors

Brad Hoylman

Velmanette Montgomery

S266 (ACTIVE) - Details

S266 (ACTIVE) - Summary

S266 (ACTIVE) - Sponsor Memo

S266 (ACTIVE) - Bill Text download pdf

Comments