Senate Bill S5144A

                            
 
                     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
              

 S. 5144--A                          2
 
   (4) EFFORTS TO IDENTIFY AN ALTERNATE OPERATOR OR  EFFORTS  TO  REQUEST
 THAT THE STATE ASSESS ITS ABILITY TO ASSUME FINANCIAL RESPONSIBILITY.
   (B)  NO  LATER  THAN  THIRTY  DAYS AFTER RECEIPT OF AN APPLICATION FOR
 CLOSURE OF A GENERAL HOSPITAL THE COMMISSIONER SHALL  SUBMIT  A  WRITTEN
 NOTIFICATION  TO THE COUNTY EXECUTIVE OR PRESIDENT OF THE BOROUGH WITHIN
 WHICH THE FACILITY IS LOCATED, THE CONGRESSIONAL REPRESENTATIVE 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, THE CITY OR COUNTY DEPARTMENT OF HEALTH, AND WHERE  APPLICABLE,
 THE  COMMUNITY  BOARD  OR  THE CITY COUNCIL MEMBER REPRESENTING THE AREA
 WITHIN WHICH THE FACILITY IS LOCATED. SUCH  WRITTEN  NOTIFICATION  SHALL
 INCLUDE:
   (1) A COMPLETE COPY OF THE HOSPITAL OR DEPARTMENT CLOSURE PLAN; AND
   (2) COMPLETE COPIES OF THE APPLICATION OR REQUEST FOR CLOSURE.
   (C)  THE COMMISSIONER SHALL ALSO MAKE A FULL COPY OF SUCH NOTIFICATION
 AVAILABLE TO THE PUBLIC ON THE DEPARTMENT'S WEBSITE.
   (D) THE COMMISSIONER SHALL ALSO NOTIFY THE PUBLIC OF SUCH  APPLICATION
 FOR  CLOSURE  THROUGH A PRESS RELEASE AND THE POSTING OF A NOTICE AT THE
 AFFECTED HOSPITAL.
   3.  UPON ANY DECISION BY THE COMMISSIONER  TO  APPROVE  OR  REJECT  AN
 APPLICATION  FOR CLOSURE OF A GENERAL HOSPITAL OR AN EMERGENCY OR MATER-
 NITY DEPARTMENT, THE COMMISSIONER SHALL MAKE AVAILABLE TO THE PUBLIC  ON
 THE DEPARTMENT'S WEBSITE A WRITTEN REPORT INCLUDING:
   (A)  A SUMMARY OF THE ISSUES AND PROPOSALS RAISED PURSUANT TO SUBDIVI-
 SION ONE OF SECTION TWENTY-EIGHT HUNDRED ONE-G OF THIS ARTICLE;
   (B) A  STATEMENT  OF  THE  REASONS  WHY  ANY  SIGNIFICANT  ALTERNATIVE
 PROPOSALS  MADE  PURSUANT  TO  SUBDIVISION  ONE  OF SECTION TWENTY-EIGHT
 HUNDRED ONE-G OF THIS ARTICLE WERE OR WERE  NOT  INCORPORATED  INTO  THE
 FINAL CLOSURE PLAN;
   (C)  A DESCRIPTION OF ANY CHANGES MADE TO THE PROPOSED CLOSURE PLAN AS
 A RESULT OF THE ISSUES OR PROPOSALS RAISED PURSUANT TO  SUBDIVISION  ONE
 OF SECTION TWENTY-EIGHT HUNDRED ONE-G OF THIS ARTICLE;
   (D)  THE  ANTICIPATED IMPACT OF THE GENERAL HOSPITAL'S OR DEPARTMENT'S
 CLOSURE ON ACCESS TO HEALTH CARE SERVICES BY MEMBERS OF THE  SURROUNDING
 COMMUNITY,  INCLUDING  BUT NOT LIMITED TO, RECIPIENTS OF MEDICAL ASSIST-
 ANCE FOR NEEDY  PERSONS,  THE  UNINSURED,  AND  UNDERSERVED  POPULATIONS
 INCLUDING PEOPLE WITH DISABILITIES;
   (E)  THE  SPECIFIC  MEASURES  THE  FACILITY,  THE DEPARTMENT AND OTHER
 PARTIES HAVE TAKEN OR WILL TAKE TO AMELIORATE THE ANTICIPATED IMPACT;
   (F) AN ASSESSMENT OF THE ABILITY OF  THE  STATE  TO  ASSUME  FINANCIAL
 RESPONSIBILITY OR IDENTIFY AN ALTERNATE OPERATOR;
   (G)  ANY  FURTHER  RECOMMENDATIONS  REGARDING  ACCESS  TO  HEALTH CARE
 SERVICES IN COMMUNITIES IMPACTED BY THE GENERAL HOSPITAL'S OR  EMERGENCY
 OR MATERNITY DEPARTMENT'S CLOSURE;
   (H)  INFORMATION  ABOUT  TRANSITIONAL MEDICAL SERVICES TO THE IMPACTED
 COMMUNITIES, INCLUDING BUT NOT LIMITED TO ARRANGEMENTS FOR CONTINUITY OF
 CARE; AND
   (I) A COMPLETE COPY OF  THE  PROPOSED  DECISION  OF  THE  COMMISSIONER
 REGARDING  THE CLOSURE OF THE HOSPITAL OR EMERGENCY OR MATERNITY DEPART-
 MENT, INCLUDING ALL PROPOSED TERMS, CONDITIONS AND PLANS  FOR  PROVIDING
 HEALTH SERVICES TO THE AFFECTED COMMUNITIES AND POPULATIONS.
   4.  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.

 S. 5144--A                          3
 
   5. 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.
   6. THE COMMISSIONER SHALL PROMULGATE ANY RULES NECESSARY TO EFFECTUATE
 THE PROVISIONS OF THIS SECTION.
   §  3. Section 2801-g of the public health law, as added by chapter 541
 of the laws of 2010, is amended to read as follows:
   § 2801-g. Community forum on hospital  closure.    1.  No  later  than
 [thirty]  FORTY-FIVE  days  after  [the] AN APPLICATION FOR closure of a
 general hospital, OR AN EMERGENCY OR MATERNITY DEPARTMENT, AND AT  LEAST
 SIXTY  DAYS  PRIOR  TO THE PROPOSED CLOSURE DATE, the commissioner shall
 hold a public community forum for the purpose of obtaining public  input
 concerning the anticipated impact of the general hospital's OR EMERGENCY
 OR  MATERNITY  DEPARTMENT'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 uninsured, and
 underserved populations INCLUDING PEOPLE WITH DISABILITIES, and  options
 and  proposals  to  ameliorate such anticipated impact. The commissioner
 shall afford community members, health  care  providers,  labor  unions,
 payers,  businesses  [and],  consumers, THE CONGRESSIONAL REPRESENTATIVE
 FOR THE DISTRICT IN WHICH THE FACILITY IS LOCATED, THE COUNTY  EXECUTIVE
 OR  PRESIDENT  OF  THE BOROUGH WITHIN WHICH THE FACILITY IS LOCATED, THE
 STATE SENATOR AND ASSEMBLY MEMBER REPRESENTING THE AREA WITHIN WHICH THE
 FACILITY IS LOCATED, AND THE COMMUNITY BOARD AND THE CITY COUNCIL MEMBER
 REPRESENTING THE AREA WITHIN WHICH THE FACILITY IS LOCATED WHERE  APPLI-
 CABLE,  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 AT LEAST TWO WEEKS
 FOLLOWING THE COMMUNITY FORUM.  AT LEAST TEN DAYS PRIOR TO SUCH COMMUNI-
 TY FORUM, THE COMMISSIONER  SHALL  RELEASE  PUBLICLY  AND  POST  ON  ITS
 WEBSITE  A  COMPLETE  COPY OF THE COMMISSIONER'S NOTIFICATION RELATED TO
 THE CLOSURE  REQUIRED  BY  SUBDIVISION  THREE  OF  SECTION  TWENTY-EIGHT
 HUNDRED ONE-H OF THIS ARTICLE.
   2.  [No later than sixty days after holding a community forum pursuant
 to subdivision one of this section, the commissioner shall  make  avail-
 able to the public on the department's website information 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.
   3.] A community forum conducted pursuant to this section shall be held
 at a location within a reasonable  proximity  to  the  general  hospital
 subject  to  closure, and shall be announced no less than ten days prior
 to the date of such community forum.
   § 4. This act shall take effect immediately.