Assembly Bill A9819

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9819
 
                           I N  A S S E M B L Y
 
                               April 9, 2024
                                ___________
 
 Introduced  by M. of A. WALLACE -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the public health law,  in  relation  to  instituting  a
   moratorium  on the closure of hospitals until the department of health
   completes a comprehensive analysis of the impact of such  closures  on
   healthcare access in New York state

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "2024 hospital closure moratorium act".
   §  2.  Legislative findings and declaration of emergency. The legisla-
 ture hereby finds and declares all of the following:
   1. The serious public emergency regarding hospital closures across New
 York state continues to exist, and this emergency puts individuals at  a
 heightened risk of death, illness, and economic hardship. These closures
 impact  both  public  and  private  healthcare  facilities, full-service
 hospitals, and critical care units.
   2. The legislature therefore finds  and  declares  that  in  order  to
 prevent  death, hardship, and other negative health outcomes to New York
 state residents, the provisions of this act  are  necessary  to  protect
 public  health, safety, and general welfare. The necessity in the public
 interest for the provisions hereinafter enacted is hereby declared as  a
 matter of legislative determination.
   §  3. The public health law is amended by adding a new section 2831 to
 read as follows:
   § 2831. HOSPITAL CLOSURE MORATORIUM. 1. FOR PURPOSES OF THIS  SECTION,
 "HEALTHCARE  FACILITY" SHALL MEAN HOSPITALS AND OTHER HEALTHCARE CENTERS
 PROVIDING EMERGENCY  SERVICES,  INTENSIVE  CARE  SERVICES,  CARDIAC  AND
 STROKE  SERVICES, MATERNITY SERVICES, CANCER TREATMENT SERVICES, PSYCHI-
 ATRIC EMERGENCY SERVICES, GENDER IDENTITY SERVICES, URGENT CARE SERVICES
 AND PEDIATRIC SERVICES.
   2. NOTWITHSTANDING ANY PROVISION OF LAW, RULE  OR  REGULATION  TO  THE
 CONTRARY,  THE  STATE  SHALL  INSTITUTE  A  MORATORIUM ON THE CLOSURE OF
 HOSPITALS UNTIL THE DEPARTMENT COMPLETES A  STATEWIDE  REPORT  EXAMINING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15041-01-4
 A. 9819                             2
 
 THE  AGGREGATE  IMPACT OF SUCH CLOSURES ON HEALTHCARE ACCESS IN NEW YORK
 STATE.  DURING SUCH MORATORIUM, NO HOSPITAL SHALL CLOSE OR REDUCE CAPAC-
 ITY BELOW THE HOSPITAL'S CAPACITY AS OF  THE  DATE  THE  MORATORIUM  WAS
 IMPOSED  UNLESS  THE DEPARTMENT REQUESTS AN EXEMPTION FOR THE HEALTHCARE
 FACILITY AND SAID EXEMPTION IS APPROVED BY THE LEGISLATURE.
   3. THE REPORT SHALL COLLECT DATA INCLUDING BUT NOT LIMITED TO:
   (A) STATEWIDE DATA ON:
   (I) THE NUMBER OF HEALTHCARE FACILITIES IN EACH COUNTY;
   (II) THE AVERAGE NUMBER OF TOTAL AND AVAILABLE HOSPITAL BEDS  IN  EACH
 COUNTY;
   (III)  THE AVERAGE NUMBER OF MEDICARE AND MEDICAID RECIPIENTS, AND THE
 PERCENTAGE OF INSURED AND UNINSURED PATIENTS SERVED, BY COUNTY;
   (IV) THE NUMBER OF MEDICARE AND MEDICAID RECIPIENTS, AND THE  PERCENT-
 AGE OF INSURED AND UNINSURED PATIENTS SERVED, BY COUNTY;
   (V)  HISTORICAL  AND  PROJECTED MARKET SHARES OF ALL HOSPITAL NETWORKS
 AND HEALTHCARE SERVICE PROVIDERS IN NEW YORK STATE; AND
   (VI) THE MEDIAN DISTANCE BETWEEN HEALTHCARE  FACILITIES  THAT  PROVIDE
 SIMILAR SERVICES; AND
   (B) DATA BY HEALTHCARE FACILITIES ON:
   (I) THE RACE, SEX, GENDER, AGE, ECONOMIC STATUS, AND DISABILITY STATUS
 OF PATIENTS SERVED BY EACH HEALTHCARE FACILITY;
   (II)  THE NUMBER OF MEDICARE AND MEDICAID RECIPIENTS, AND THE PERCENT-
 AGE OF INSURED AND UNINSURED PATIENTS SERVED;
   (III) THE NUMBER OF PHYSICIANS AND PROFESSIONAL STAFF EMPLOYED AT  THE
 HEALTHCARE FACILITY; AND
   (IV)  ACCESS TO THE HEALTHCARE FACILITY BY PUBLIC OR PRIVATE TRANSPOR-
 TATION, INCLUDING TRANSPORTATION SPONSORED BY  THE  HEALTHCARE  FACILITY
 ITSELF.
   4. IN COMPLETING THIS REPORT, THE DEPARTMENT SHALL MEANINGFULLY ENGAGE
 PUBLIC  HEALTH EXPERTS, LABOR REPRESENTATIVES OF THE HOSPITAL WORKFORCE,
 COMMUNITY LEADERS AND RESIDENTS OF NEW YORK STATE. THE FINDINGS OF  SUCH
 REPORT  SHALL  BE PROVIDED IN ELECTRONIC FORMAT AND SHALL BE DISTRIBUTED
 TO THE TEMPORARY PRESIDENT AND MINORITY LEADER OF THE SENATE, THE SPEAK-
 ER AND MINORITY LEADER OF THE ASSEMBLY, THE CHAIR OF THE SENATE STANDING
 COMMITTEE ON HEALTH, AND THE CHAIR OF THE ASSEMBLY HEALTH COMMITTEE. THE
 DEPARTMENT SHALL PUBLICLY POST THE REPORT ON  THE  DEPARTMENT'S  WEBSITE
 WITHIN ONE WEEK OF THE FILING.
   5.  THE  REPORT  SHALL  USE  THE DATA COLLECTED TO DEFINE AND IDENTIFY
 AREAS AT RISK OF FUTURE HOSPITAL CLOSURES. THESE AREAS SHALL  BE  DESIG-
 NATED  "DISTRESSED HEALTHCARE ZONES". THE DEPARTMENT SHALL REJECT APPLI-
 CATIONS FOR CLOSURES ISSUED BY HEALTHCARE FACILITIES IN  ANY  DISTRESSED
 HEALTHCARE  ZONE.  DISTRESSED HEALTHCARE ZONES SHALL BE PRIORITIZED WHEN
 ALLOCATING HEALTHCARE SPENDING.
   § 4. This act shall  take  effect  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.