NY State Senate Bill S1451A

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (25)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 22, 2021	approval memo.127 signed chap.766
Dec 10, 2021	delivered to governor
Jun 01, 2021	returned to senate passed assembly ordered to third reading cal.88 substituted for a191a
May 10, 2021	referred to health returned to assembly repassed senate
Apr 26, 2021	amended on third reading 1451a
Apr 26, 2021	vote reconsidered - restored to third reading returned to senate recalled from assembly
Mar 25, 2021	recommitted to health substitution reconsidered
Feb 22, 2021	ordered to third reading cal.88 substituted for a191
Feb 01, 2021	referred to health delivered to assembly passed senate
Jan 25, 2021	advanced to third reading
Jan 20, 2021	2nd report cal.
Jan 19, 2021	1st report cal.110
Jan 12, 2021	referred to health

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S1451 - Details

See Assembly Version of this Bill:: A191
Law Section:: Public Health Law
Laws Affected:: Add §2802-b, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:: S9035, A11072

S1451 - Summary

Requires a health equity assessment to be filed with an application for construction, or substantial reduction of, a hospital or health related service; includes a demonstration of whether and how a project will improve or affect access to hospital services and health care with particular reference to members of medically underserved groups in the applicant's service area.

S1451 - Sponsor Memo

 
BILL NUMBER: S1451

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to health equity
assessments in the establishment or construction of a hospital

 
PURPOSE OR GENERAL IDEA OF BILL:

The Certificate of Need (CoN) process requires providers apply to the
department of health, the commissioner, or the public health and health
planning council for project approval. There is very little statutory
criteria for these entities to consider when reviewing applications.
This bill adds consideration of a project's impact on medically under-
served groups to the documentation required for the applicant to submit
and the reviewer to consider when reviewing the application.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 - Adds a new Public Health Law section 2802-b including:

(Subdivision 1) - Definitions, including "medically underserved group,"
"health equity impact assessment" (HEIA), and "project" (construction,
establishment, change in the establishment, merger, acquisition,
closure, or substantial reduction of a hospital service or health-relat-
ed service of a hospital).

(Subdivision 2) - Requirement that any project application include an
HEIR; requirement that the reviewer consider the HEIA when considering
whether and on what terms to approve the application.  This applies to
full CoN review as well as other project approval processes short of
full CoN review.

(Subdivision 3) - Scope and contents to be included in an HEIA.

(Subdivision 4) - Requirement that the HEIA be prepared by an independ-
ent entity, including meaningful engagement of stakeholders.

(Subdivision 5) - Requirement that the department publicly post the
application and the HEIA on the department's website within one week of
filing.

Section 2 - Provides the effective date.

 
JUSTIFICATION:

The certificate of need (CoN) process requires hospitals get State
approval for the construction, establishment, change in the establish-
ment, merger, acquisition, closure, or substantial reduction, expansion,
or addition of a hospital service or health-related service of a hospi-
tal. (In this case "hospital" also includes nursing homes and other
providers spelled out in PHL 2801.)  However, there is very little stat-
utory criteria for reviewers to consider. Statutory criteria in PHL 2802
includes availability of alternatives; economic considerations such as
the applicant's financial resources; and compliance with applicable
rules and regulations.


Advocates have long raised concerns that nothing in the law specifically
addresses the impact of projects on medically underserved communities.
Disparities in access to care result in unequal health outcomes. The
distribution of health care providers and to whom they provide what
services inevitably contributes to these inequalities. While closure or
reductions of facilities or services obviously impact access to care,
new construction or modification and changes in ownership or control may
also do so by drawing revenue to or away from certain providers, or
further concentrating services in already well-served communities.

The CoN process reviews material changes to our health care system
involving general hospitals, community health centers, nursing homes,
and other entities. In order to address health inequalities in a mean-
ingful way, the CoN process must account for the needs of underserved
communities such as people with disabilities, communities of color, LGBT
and other noncisgender people, and low-income people.

This bill does so by requiring that CoN applicants document how their
projects will affect these communities and that reviewers consider these
impacts in approval, rejection, or modification of CoN applications.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: S9035A/A11072A Gottfried

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

S1451 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1451
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2021
                                ___________
 
 Introduced  by  Sen.  RIVERA -- 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  health  equity
   assessments in the establishment or construction of a hospital
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 2802-b to read as follows:
   § 2802-B. HEALTH EQUITY IMPACT ASSESSMENTS. 1. DEFINITIONS. AS USED IN
 THIS SECTION:
   (A)  "APPLICATION"  MEANS  AN  APPLICATION  UNDER THIS ARTICLE FOR THE
 CONSTRUCTION, ESTABLISHMENT, CHANGE IN THE ESTABLISHMENT, MERGER, ACQUI-
 SITION, CLOSURE, OR SUBSTANTIAL REDUCTION, EXPANSION, OR ADDITION  OF  A
 HOSPITAL  SERVICE  OR HEALTH-RELATED SERVICE OF A HOSPITAL THAT REQUIRES
 REVIEW OR APPROVAL BY THE COUNCIL OR THE COMMISSIONER, WHERE THE  APPLI-
 CATION  IS  FILED  OR  SUBMITTED TO THE COUNCIL, THE COMMISSIONER OR THE
 DEPARTMENT AFTER THIS SECTION TAKES EFFECT.
   (B) "PROJECT" MEANS THE CONSTRUCTION,  ESTABLISHMENT,  CHANGE  IN  THE
 ESTABLISHMENT, MERGER, ACQUISITION, CLOSURE, OR SUBSTANTIAL REDUCTION OF
 A  HOSPITAL  SERVICE OR HEALTH-RELATED SERVICE OF A HOSPITAL THAT IS THE
 SUBJECT OF AN APPLICATION.
   (C) "HEALTH EQUITY IMPACT ASSESSMENT" OR "IMPACT ASSESSMENT" MEANS  AN
 ASSESSMENT  OF  WHETHER, AND IF SO HOW, A PROJECT WILL IMPROVE ACCESS TO
 HOSPITAL SERVICES AND HEALTH CARE, HEALTH EQUITY AND REDUCTION OF HEALTH
 DISPARITIES, WITH PARTICULAR REFERENCE TO MEMBERS  OF  MEDICALLY  UNDER-
 SERVED GROUPS, IN THE APPLICANT'S SERVICE AREA.
   (D) "MEDICALLY UNDERSERVED GROUP" MEANS: LOW-INCOME PEOPLE; RACIAL AND
 ETHNIC  MINORITIES; IMMIGRANTS; WOMEN; LESBIAN, GAY, BISEXUAL, TRANSGEN-
 DER, OR OTHER-THAN-CISGENDER PEOPLE;  PEOPLE  WITH  DISABILITIES;  OLDER
 ADULTS; PERSONS LIVING WITH A PREVALENT INFECTIOUS DISEASE OR CONDITION;
 PERSONS  LIVING  IN  RURAL AREAS; PEOPLE WHO ARE ELIGIBLE FOR OR RECEIVE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00607-01-1

 S. 1451                             2
 
 PUBLIC HEALTH BENEFITS; PEOPLE WHO DO NOT HAVE THIRD-PARTY HEALTH COVER-
 AGE OR HAVE INADEQUATE THIRD-PARTY HEALTH COVERAGE; AND OTHER PEOPLE WHO
 ARE UNABLE TO OBTAIN HEALTH CARE.
   2.  (A) EVERY APPLICATION SHALL INCLUDE A HEALTH EQUITY IMPACT ASSESS-
 MENT OF THE PROJECT. THE IMPACT ASSESSMENT SHALL BE FILED TOGETHER  WITH
 THE  APPLICATION,  AND THE APPLICATION SHALL NOT BE COMPLETE WITHOUT THE
 IMPACT STATEMENT. THE APPLICANT  SHALL  PROMPTLY  AMEND  OR  MODIFY  THE
 IMPACT STATEMENT AS NECESSARY.
   (B)  IN  CONSIDERING  WHETHER AND ON WHAT TERMS TO APPROVE AN APPLICA-
 TION, THE COMMISSIONER AND THE  COUNCIL,  AS  THE  CASE  MAY  BE,  SHALL
 CONSIDER THE HEALTH EQUITY IMPACT STATEMENT.
   3.  SCOPE  AND CONTENTS OF A HEALTH EQUITY IMPACT ASSESSMENT. A HEALTH
 EQUITY IMPACT ASSESSMENT SHALL INCLUDE:
   (A) A DEMONSTRATION OF WHETHER, AND IF SO HOW,  THE  PROPOSED  PROJECT
 WILL  IMPROVE ACCESS TO HOSPITAL SERVICES AND HEALTH CARE, HEALTH EQUITY
 AND REDUCTION  OF  HEALTH  DISPARITIES,  WITH  PARTICULAR  REFERENCE  TO
 MEMBERS  OF  MEDICALLY  UNDERSERVED  GROUPS,  IN THE APPLICANT'S SERVICE
 AREA.
   (B) THE EXTENT TO WHICH MEDICALLY UNDERSERVED  GROUPS  IN  THE  APPLI-
 CANT'S  SERVICE  AREA  USE  THE  APPLICANT'S  HOSPITAL OR HEALTH-RELATED
 SERVICES OR SIMILAR SERVICES AT THE TIME  OF  THE  APPLICATION  AND  THE
 EXTENT TO WHICH THEY ARE EXPECTED TO IF THE PROJECT IS IMPLEMENTED.
   (C)  THE  PERFORMANCE  OF THE APPLICANT IN MEETING ITS OBLIGATIONS, IF
 ANY, UNDER SECTION TWENTY-EIGHT HUNDRED  SEVEN-K  OF  THIS  ARTICLE  AND
 FEDERAL  REGULATIONS  REQUIRING  PROVIDING UNCOMPENSATED CARE, COMMUNITY
 SERVICES, AND ACCESS BY  MINORITIES  AND  PEOPLE  WITH  DISABILITIES  TO
 PROGRAMS RECEIVING FEDERAL FINANCIAL ASSISTANCE, INCLUDING THE EXISTENCE
 OF ANY CIVIL RIGHTS ACCESS COMPLAINTS AGAINST THE APPLICANT, AND HOW THE
 APPLICANT'S MEETING OF THESE OBLIGATIONS WILL BE AFFECTED BY IMPLEMENTA-
 TION OF THE PROJECT.
   (D)  HOW  AND  TO  WHAT EXTENT THE APPLICANT WILL PROVIDE HOSPITAL AND
 HEALTH-RELATED SERVICES TO THE MEDICALLY INDIGENT, MEDICARE  RECIPIENTS,
 MEDICAID  RECIPIENTS  AND MEMBERS OF MEDICALLY UNDERSERVED GROUPS IF THE
 PROJECT IS IMPLEMENTED.
   (E) THE AMOUNT OF INDIGENT CARE, BOTH FREE AND BELOW COST,  THAT  WILL
 BE PROVIDED BY THE APPLICANT IF THE PROJECT IS APPROVED.
   (F)  ACCESS  BY PUBLIC OR PRIVATE TRANSPORTATION, INCLUDING APPLICANT-
 SPONSORED  TRANSPORTATION  SERVICES,  TO  THE  APPLICANT'S  HOSPITAL  OR
 HEALTH-RELATED SERVICES IF THE PROJECT IS IMPLEMENTED.
   (G)  THE  MEANS OF ASSURING EFFECTIVE COMMUNICATION BETWEEN THE APPLI-
 CANT'S HOSPITAL AND HEALTH-RELATED SERVICE STAFF AND PEOPLE  OF  LIMITED
 ENGLISH-SPEAKING  ABILITY  AND  THOSE  WITH  SPEECH,  HEARING  OR VISUAL
 IMPAIRMENTS HANDICAPS IF THE PROJECT IS IMPLEMENTED.
   (H) THE EXTENT TO WHICH IMPLEMENTATION  OF  THE  PROJECT  WILL  REDUCE
 ARCHITECTURAL BARRIERS FOR PEOPLE WITH MOBILITY IMPAIRMENTS.
   (I) A REVIEW OF HOW THE APPLICANT WILL MAINTAIN OR IMPROVE THE QUALITY
 OF HOSPITAL AND HEALTH-RELATED SERVICES INCLUDING A REVIEW OF:
   (I) DEMOGRAPHICS OF THE APPLICANT'S SERVICE AREA;
   (II)  ECONOMIC  STATUS  OF  THE  POPULATION OF THE APPLICANT'S SERVICE
 AREA;
   (III) PHYSICIAN  AND  PROFESSIONAL  STAFFING  ISSUES  RELATED  TO  THE
 PROJECT;
   (IV) AVAILABILITY OF SIMILAR SERVICES AT OTHER INSTITUTIONS IN OR NEAR
 THE APPLICANT'S SERVICE AREA; AND
   (V) HISTORICAL AND PROJECTED MARKET SHARES OF HOSPITAL AND HEALTH CARE
 SERVICE PROVIDERS IN THE APPLICANT'S SERVICE AREA.

 S. 1451                             3
 
   4.  THE  HEALTH  EQUITY  IMPACT  ASSESSMENT  SHALL BE PREPARED FOR THE
 APPLICANT BY AN INDEPENDENT ENTITY AND INCLUDE THE MEANINGFUL ENGAGEMENT
 OF PUBLIC HEALTH EXPERTS, ORGANIZATIONS REPRESENTING  EMPLOYEES  OF  THE
 APPLICANT,  STAKEHOLDERS,  AND  COMMUNITY  LEADERS  AND RESIDENTS OF THE
 APPLICANT'S SERVICE AREA.
   5.  THE  DEPARTMENT SHALL PUBLICLY POST THE APPLICATION AND THE HEALTH
 EQUITY IMPACT ASSESSMENT ON THE DEPARTMENT'S WEBSITE WITHIN ONE WEEK  OF
 THE FILING WITH THE DEPARTMENT, INCLUDING ANY FILING WITH THE COUNCIL.
   § 2. This act shall take effect on the one hundred eightieth day after
 it becomes a law.  Effective immediately, the commissioner of health and
 the public health and health planning council shall make regulations and
 take  other  actions  reasonably necessary to implement this act on that
 date.

Co-Sponsors

S1451A (ACTIVE) - Details

See Assembly Version of this Bill:: A191
Law Section:: Public Health Law
Laws Affected:: Add §2802-b, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:: S9035, A11072

S1451A (ACTIVE) - Summary

S1451A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1451A

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to health equity
assessments in the establishment or construction of a hospital

 
PURPOSE OR GENERAL IDEA OF BILL:

The Certificate of Need (CoN) process requires providers apply to the
department of health, the commissioner, or the public health and health
planning council for project approval. There is very little statutory
criteria for these entities to consider when reviewing applications.
This bill adds consideration of a project's impact on medically under-
served groups to the documentation required for the applicant to submit
and the reviewer to consider when reviewing the application.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 - Adds a new Public Health Law section 2802-b including:

(Subdivision 1) - Definitions, including "medically underserved group,"
"health equity impact assessment" (HEIA), and "project" (construction,
establishment, change in the establishment, merger, acquisition,
closure, or substantial reduction of a hospital service or health-relat-
ed service of a hospital).

(Subdivision 2) - Requirement that any project application include an
HEIR; requirement that the reviewer consider the HEIA when considering
whether and on what terms to approve the application.  This applies to
full CoN review as well as other project approval processes short of
full CoN review.

(Subdivision 3) - Scope and contents to be included in an HEIA.

(Subdivision 4) - Requirement that the HEIA be prepared by an independ-
ent entity, including meaningful engagement of stakeholders.

(Subdivision 5) - Requirement that the department publicly post the
application and the HEIA on the department's website within one week of
filing.

Section 2 - Provides the effective date.

 
JUSTIFICATION:

The certificate of need (CoN) process requires hospitals get State
approval for the construction, establishment, change in the establish-
ment, merger, acquisition, closure, or substantial reduction, expansion,
or addition of a hospital service or health-related service of a hospi-
tal. (In this case "hospital" also includes nursing homes and other
providers spelled out in PHL 2801.)  However, there is very little stat-
utory criteria for reviewers to consider. Statutory criteria in PHL 2802
includes availability of alternatives; economic considerations such as
the applicant's financial resources; and compliance with applicable
rules and regulations.


Advocates have long raised concerns that nothing in the law specifically
addresses the impact of projects on medically underserved communities.
Disparities in access to care result in unequal health outcomes. The
distribution of health care providers and to whom they provide what
services inevitably contributes to these inequalities. While closure or
reductions of facilities or services obviously impact access to care,
new construction or modification and changes in ownership or control may
also do so by drawing revenue to or away from certain providers, or
further concentrating services in already well-served communities.

The CoN process reviews material changes to our health care system
involving general hospitals, community health centers, nursing homes,
and other entities. In order to address health inequalities in a mean-
ingful way, the CoN process must account for the needs of underserved
communities such as people with disabilities, communities of color, LGBT
and other noncisgender people, and low-income people.

This bill does so by requiring that CoN applicants document how their
projects will affect these communities and that reviewers consider these
impacts in approval, rejection, or modification of CoN applications.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: S9035A/A11072A Gottfried

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

S1451A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1451--A
     Cal. No. 110
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2021
                                ___________
 
 Introduced  by  Sens. RIVERA, BIAGGI, COMRIE, HINCHEY, HOYLMAN, JACKSON,
   KRUEGER, MAY -- read twice and ordered printed, and when printed to be
   committed to the Committee on Health -- reported favorably  from  said
   committee,  ordered  to  first  and  second report, ordered to a third
   reading, passed by Senate and delivered  to  the  Assembly,  recalled,
   vote  reconsidered,  restored  to  third  reading, amended and ordered
   reprinted, retaining its place in the order of third reading
 
 AN ACT to amend the public health law,  in  relation  to  health  equity
   assessments in the establishment or construction of a hospital
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 2802-b to read as follows:
   § 2802-B. HEALTH EQUITY IMPACT ASSESSMENTS. 1. DEFINITIONS. AS USED IN
 THIS SECTION:
   (A)  "APPLICATION"  MEANS  AN  APPLICATION  UNDER THIS ARTICLE FOR THE
 CONSTRUCTION, ESTABLISHMENT, CHANGE IN THE ESTABLISHMENT, MERGER, ACQUI-
 SITION, CLOSURE, OR SUBSTANTIAL REDUCTION, EXPANSION, OR ADDITION  OF  A
 HOSPITAL  SERVICE  OR HEALTH-RELATED SERVICE OF A HOSPITAL THAT REQUIRES
 REVIEW OR APPROVAL BY THE COUNCIL OR THE COMMISSIONER, WHERE THE  APPLI-
 CATION  IS  FILED  OR  SUBMITTED TO THE COUNCIL, THE COMMISSIONER OR THE
 DEPARTMENT AFTER THIS SECTION TAKES EFFECT.
   (B) "PROJECT" MEANS THE CONSTRUCTION,  ESTABLISHMENT,  CHANGE  IN  THE
 ESTABLISHMENT, MERGER, ACQUISITION, CLOSURE, OR SUBSTANTIAL REDUCTION OF
 A  HOSPITAL  SERVICE OR HEALTH-RELATED SERVICE OF A HOSPITAL THAT IS THE
 SUBJECT OF AN APPLICATION.
   (C) "HEALTH EQUITY IMPACT ASSESSMENT" OR "IMPACT ASSESSMENT" MEANS  AN
 ASSESSMENT  OF  WHETHER, AND IF SO HOW, A PROJECT WILL IMPROVE ACCESS TO
 HOSPITAL SERVICES AND HEALTH CARE, HEALTH EQUITY AND REDUCTION OF HEALTH
 DISPARITIES, WITH PARTICULAR REFERENCE TO MEMBERS  OF  MEDICALLY  UNDER-
 SERVED GROUPS, IN THE APPLICANT'S SERVICE AREA.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00607-05-1

 S. 1451--A                          2
 
   (D) "MEDICALLY UNDERSERVED GROUP" MEANS: LOW-INCOME PEOPLE; RACIAL AND
 ETHNIC  MINORITIES; IMMIGRANTS; WOMEN; LESBIAN, GAY, BISEXUAL, TRANSGEN-
 DER, OR OTHER-THAN-CISGENDER PEOPLE;  PEOPLE  WITH  DISABILITIES;  OLDER
 ADULTS; PERSONS LIVING WITH A PREVALENT INFECTIOUS DISEASE OR CONDITION;
 PERSONS  LIVING  IN  RURAL AREAS; PEOPLE WHO ARE ELIGIBLE FOR OR RECEIVE
 PUBLIC HEALTH BENEFITS; PEOPLE WHO DO NOT HAVE THIRD-PARTY HEALTH COVER-
 AGE OR HAVE INADEQUATE THIRD-PARTY HEALTH COVERAGE; AND OTHER PEOPLE WHO
 ARE UNABLE TO OBTAIN HEALTH CARE.
   2. (A) (I) EVERY APPLICATION SHALL  INCLUDE  A  HEALTH  EQUITY  IMPACT
 ASSESSMENT OF THE PROJECT. THE IMPACT ASSESSMENT SHALL BE FILED TOGETHER
 WITH  THE APPLICATION, AND THE APPLICATION SHALL NOT BE COMPLETE WITHOUT
 THE IMPACT STATEMENT. THE APPLICANT SHALL PROMPTLY AMEND OR  MODIFY  THE
 IMPACT STATEMENT AS NECESSARY.
   (II)  HOWEVER,  IN THE CASE OF A DIAGNOSTIC AND TREATMENT CENTER WHOSE
 PATIENT POPULATION IS OVER FIFTY PERCENT COMBINED PATIENTS  ENROLLED  IN
 MEDICAID OR UNINSURED, A HEALTH EQUITY IMPACT ASSESSMENT IS NOT REQUIRED
 UNLESS  THE APPLICATION INCLUDES A CHANGE IN CONTROLLING PERSON, PRINCI-
 PAL STOCKHOLDER, OR PRINCIPAL MEMBER (AS DEFINED IN SECTION TWENTY-EIGHT
 HUNDRED ONE-A OF THIS ARTICLE) OF THE APPLICANT.
   (B) IN CONSIDERING WHETHER AND ON WHAT TERMS TO  APPROVE  AN  APPLICA-
 TION,  THE  COMMISSIONER  AND  THE  COUNCIL,  AS  THE CASE MAY BE, SHALL
 CONSIDER THE HEALTH EQUITY IMPACT STATEMENT.
   3. SCOPE AND CONTENTS OF A HEALTH EQUITY IMPACT ASSESSMENT.  A  HEALTH
 EQUITY IMPACT ASSESSMENT SHALL INCLUDE:
   (A)  A  DEMONSTRATION  OF WHETHER, AND IF SO HOW, THE PROPOSED PROJECT
 WILL IMPROVE ACCESS TO HOSPITAL SERVICES AND HEALTH CARE, HEALTH  EQUITY
 AND  REDUCTION  OF  HEALTH  DISPARITIES,  WITH  PARTICULAR  REFERENCE TO
 MEMBERS OF MEDICALLY UNDERSERVED  GROUPS,  IN  THE  APPLICANT'S  SERVICE
 AREA.
   (B)  THE  EXTENT  TO  WHICH MEDICALLY UNDERSERVED GROUPS IN THE APPLI-
 CANT'S SERVICE AREA  USE  THE  APPLICANT'S  HOSPITAL  OR  HEALTH-RELATED
 SERVICES  OR  SIMILAR  SERVICES  AT  THE TIME OF THE APPLICATION AND THE
 EXTENT TO WHICH THEY ARE EXPECTED TO IF THE PROJECT IS IMPLEMENTED.
   (C) THE PERFORMANCE OF THE APPLICANT IN MEETING  ITS  OBLIGATIONS,  IF
 ANY,  UNDER  SECTION  TWENTY-EIGHT  HUNDRED  SEVEN-K OF THIS ARTICLE AND
 FEDERAL REGULATIONS REQUIRING PROVIDING  UNCOMPENSATED  CARE,  COMMUNITY
 SERVICES,  AND  ACCESS  BY  MINORITIES  AND  PEOPLE WITH DISABILITIES TO
 PROGRAMS RECEIVING FEDERAL FINANCIAL ASSISTANCE, INCLUDING THE EXISTENCE
 OF ANY CIVIL RIGHTS ACCESS COMPLAINTS AGAINST THE APPLICANT, AND HOW THE
 APPLICANT'S MEETING OF THESE OBLIGATIONS WILL BE AFFECTED BY IMPLEMENTA-
 TION OF THE PROJECT.
   (D) HOW AND TO WHAT EXTENT THE APPLICANT  WILL  PROVIDE  HOSPITAL  AND
 HEALTH-RELATED  SERVICES TO THE MEDICALLY INDIGENT, MEDICARE RECIPIENTS,
 MEDICAID RECIPIENTS AND MEMBERS OF MEDICALLY UNDERSERVED GROUPS  IF  THE
 PROJECT IS IMPLEMENTED.
   (E)  THE  AMOUNT OF INDIGENT CARE, BOTH FREE AND BELOW COST, THAT WILL
 BE PROVIDED BY THE APPLICANT IF THE PROJECT IS APPROVED.
   (F) ACCESS BY PUBLIC OR PRIVATE TRANSPORTATION,  INCLUDING  APPLICANT-
 SPONSORED  TRANSPORTATION  SERVICES,  TO  THE  APPLICANT'S  HOSPITAL  OR
 HEALTH-RELATED SERVICES IF THE PROJECT IS IMPLEMENTED.
   (G) THE MEANS OF ASSURING EFFECTIVE COMMUNICATION BETWEEN  THE  APPLI-
 CANT'S  HOSPITAL  AND HEALTH-RELATED SERVICE STAFF AND PEOPLE OF LIMITED
 ENGLISH-SPEAKING ABILITY  AND  THOSE  WITH  SPEECH,  HEARING  OR  VISUAL
 IMPAIRMENTS HANDICAPS IF THE PROJECT IS IMPLEMENTED.
   (H)  THE  EXTENT  TO  WHICH  IMPLEMENTATION OF THE PROJECT WILL REDUCE
 ARCHITECTURAL BARRIERS FOR PEOPLE WITH MOBILITY IMPAIRMENTS.

 S. 1451--A                          3
 
   (I) A REVIEW OF HOW THE APPLICANT WILL MAINTAIN OR IMPROVE THE QUALITY
 OF HOSPITAL AND HEALTH-RELATED SERVICES INCLUDING A REVIEW OF:
   (I) DEMOGRAPHICS OF THE APPLICANT'S SERVICE AREA;
   (II)  ECONOMIC  STATUS  OF  THE  POPULATION OF THE APPLICANT'S SERVICE
 AREA;
   (III) PHYSICIAN  AND  PROFESSIONAL  STAFFING  ISSUES  RELATED  TO  THE
 PROJECT;
   (IV) AVAILABILITY OF SIMILAR SERVICES AT OTHER INSTITUTIONS IN OR NEAR
 THE APPLICANT'S SERVICE AREA; AND
   (V) HISTORICAL AND PROJECTED MARKET SHARES OF HOSPITAL AND HEALTH CARE
 SERVICE PROVIDERS IN THE APPLICANT'S SERVICE AREA.
   4.  THE  HEALTH  EQUITY  IMPACT  ASSESSMENT  SHALL BE PREPARED FOR THE
 APPLICANT BY AN INDEPENDENT ENTITY AND INCLUDE THE MEANINGFUL ENGAGEMENT
 OF PUBLIC HEALTH EXPERTS, ORGANIZATIONS REPRESENTING  EMPLOYEES  OF  THE
 APPLICANT,  STAKEHOLDERS,  AND  COMMUNITY  LEADERS  AND RESIDENTS OF THE
 APPLICANT'S SERVICE AREA.
   5. THE DEPARTMENT SHALL PUBLICLY POST THE APPLICATION AND  THE  HEALTH
 EQUITY  IMPACT ASSESSMENT ON THE DEPARTMENT'S WEBSITE WITHIN ONE WEEK OF
 THE FILING WITH THE DEPARTMENT, INCLUDING ANY FILING WITH THE COUNCIL.
   § 2. This act shall take effect on the one hundred eightieth day after
 it becomes a law.  Effective immediately, the commissioner of health and
 the public health and health planning council shall make regulations and
 take other actions reasonably necessary to implement this  act  on  that
 date.

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senate Bill S1451A

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Archive: Last Bill Status - Signed by Governor

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Votes

May 11, 2021 - floor Vote

Floor Vote: May 11, 2021

May 10, 2021 - floor Vote

Floor Vote: May 10, 2021

Feb 1, 2021 - floor Vote

Floor Vote: Feb 1, 2021

Jan 19, 2021 - Health committee Vote

Committee Vote: Jan 19, 2021

Bill Amendments

Co-Sponsors

S1451 - Details

S1451 - Summary

S1451 - Sponsor Memo

S1451 - Bill Text download pdf

Co-Sponsors

S1451A (ACTIVE) - Details

S1451A (ACTIVE) - Summary

S1451A (ACTIVE) - Sponsor Memo

S1451A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1451A

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Archive: Last Bill Status - Signed by Governor

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Votes

May 11, 2021 - floor Vote

Floor Vote: May 11, 2021

May 10, 2021 - floor Vote

Floor Vote: May 10, 2021

Feb 1, 2021 - floor Vote

Floor Vote: Feb 1, 2021

Jan 19, 2021 - Health committee Vote

Committee Vote: Jan 19, 2021

Bill Amendments

Co-Sponsors

S1451 - Details

S1451 - Summary

S1451 - Sponsor Memo

S1451 - Bill Text download pdf

Co-Sponsors

S1451A (ACTIVE) - Details

S1451A (ACTIVE) - Summary

S1451A (ACTIVE) - Sponsor Memo

S1451A (ACTIVE) - Bill Text download pdf

Comments