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This entry was published on 2023-07-07
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SECTION 2801-G
Community forum on hospital closure
Public Health (PBH) CHAPTER 45, ARTICLE 28
§ 2801-g. Community forum on hospital closure. 1. No later than thirty
days after the closure of a general hospital, the commissioner shall
hold a public 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 uninsured, and underserved populations, and options and
proposals to ameliorate such anticipated impact. The commissioner shall
afford community members, health care providers, labor unions, payers,
businesses and consumers a reasonable opportunity to speak about
relevant matters at such community forum.

2. No later than sixty 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
regarding:

(a) 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 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. At least thirty days prior to a general hospital applying to the
federal centers for medicare and medicaid services to convert from a
general hospital with inpatients to a rural emergency hospital under 42
USC 1395x(kkk), or successor provisions, such hospital shall hold a
public community forum for the purpose of obtaining public input
concerning the anticipated impact of the hospital's closure of inpatient
units, including but not limited to, the impact on recipients of medical
assistance for needy persons, the uninsured, people with disabilities,
and medically underserved populations, and options and proposals to
ameliorate such anticipated impact. The hospital shall notify health
care providers, labor unions, the congressional representative for the
district in which the facility is located, the county executive of the
county in which the facility is located, and the state senator and
assembly member representing the area within which the facility is
located of the date, time, and location of the community forum. The
hospital shall afford all public participants a reasonable opportunity
to speak about relevant matters at such community forum. Prior to any
community forum and as soon as practicable, the hospital shall be
required to:

(a) notify the office of mental health and the local director of
community services in the event such general hospital has psychiatric
inpatient beds licensed under article thirty-one of the mental hygiene
law or designated pursuant to section 9.39 of the mental hygiene law,
and

(b) notify the office of addiction services and supports in the event
such general hospital has inpatient substance use disorder treatment
programs or inpatient chemical dependence treatment programs licensed
under article thirty-two of the mental hygiene law. 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.