Senate Bill S5144A

2019-2020 Legislative Session

Relates to the closure of hospitals or emergency or maternity departments

download bill text pdf

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Archive: Last Bill Status - In Senate Committee Health Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2019-S5144 - Details

See Assembly Version of this Bill:
A2986
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §2801-h, amd §2801-g, Pub Health L
Versions Introduced in Other Legislative Sessions:
2015-2016: A6417
2017-2018: A1015
2021-2022: S3131, A2251
2023-2024: S2085, A1633

2019-S5144 - Summary

Relates to the closure of hospitals; includes general hospitals, emergency or maternity departments or the surrender of an operating certificate.

2019-S5144 - Sponsor Memo

2019-S5144 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5144
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 11, 2019
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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-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;
   (2)  SPECIFIC  MEASURES THE DEPARTMENT AND OTHER PARTIES HAVE TAKEN OR
 WOULD TAKE TO AMELIORATE SUCH ANTICIPATED IMPACT ON THE COMMUNITIES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01681-01-9
              

2019-S5144A (ACTIVE) - Details

See Assembly Version of this Bill:
A2986
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §2801-h, amd §2801-g, Pub Health L
Versions Introduced in Other Legislative Sessions:
2015-2016: A6417
2017-2018: A1015
2021-2022: S3131, A2251
2023-2024: S2085, A1633

2019-S5144A (ACTIVE) - Summary

Relates to the closure of hospitals; includes general hospitals, emergency or maternity departments or the surrender of an operating certificate.

2019-S5144A (ACTIVE) - Sponsor Memo

2019-S5144A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5144--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 11, 2019
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health -- reported favora-
   bly 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 or emergency or maternity departments
 
   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 AND CERTAIN HOSPITAL DEPARTMENTS.    1.
 NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE CONTRARY, THE CLOSURE OF A
 GENERAL HOSPITAL OR AN EMERGENCY OR MATERNITY DEPARTMENT,  OR  SURRENDER
 OF AN OPERATING CERTIFICATE PURSUANT TO THIS ARTICLE SHALL BE SUBJECT TO
 REVIEW AND APPROVAL BY THE COMMISSIONER.
   2.  (A) WHEN A FACILITY APPLIES TO THE COMMISSIONER FOR THE CLOSURE OF
 A GENERAL HOSPITAL OR AN EMERGENCY OR MATERNITY DEPARTMENT, THE FACILITY
 MUST INCLUDE A CLOSURE PLAN, INCLUDING:
   (1) THE ANTICIPATED IMPACT OF THE GENERAL HOSPITAL'S  OR  DEPARTMENT'S
 CLOSURE  ON ACCESS TO HEALTH CARE SERVICES BY MEMBERS OF THE SURROUNDING
 COMMUNITIES, INCLUDING BUT NOT LIMITED TO RECIPIENTS OF MEDICAL  ASSIST-
 ANCE  FOR  NEEDY  PERSONS,  THE  UNINSURED,  AND UNDERSERVED POPULATIONS
 INCLUDING PEOPLE WITH DISABILITIES;
   (2) SPECIFIC MEASURES THE FACILITY 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; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01681-03-9
              

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