NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2986A
SPONSOR: Simon (MS) TITLE OF BILL: An act to amend the public health law, in relation to
the closure of hospitals or emergency or maternity departments
PURPOSE OR GENERAL IDEA OF THE BILL:
To allow for greater community impact when hospital closures are threat-
ened.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 establishes the title as the "Local Input in Community Health-
care (LICH) Act"
Section 2 adds a new Section 2801-i of the public health law to give
explicit authority for closure of hospitals to the Commissioner of the
New York State Department of Health. It also requires the Commissioner
to:
Issue a report within 30 days of an application for closure, including:
*The anticipated impact of closure on the surrounding communities'
access to care, including the uninsured and underserved;
*What measures DOH and others have taken or plan to take to lessen any
negative impact;
*Any other recommendations regarding access to health care services in
the impacted communities;
*Why the State cannot assume financial. responsibility for the hospital
or identify an alternate operator.
*Complete copies of the application for closure.
Upon any decision to approve or reject an application for closure of a
general hospital in a city of one million or more, respond to community
input by:
*Answering, in summary, comments received from community members and
local elected officials
*Explaining why significant alternatives were or were not incorporated
into a final closure plan.
*identifying any changes to the plan resulting from community concerns
or suggestions.
*Releasing a complete copy of the proposed closure decision, including
plans for providing health services to the impacted communities Only
approve the application if needs of the community and impacted stake-
holders, including access to emergency medical care, can be adequately
met.
Section 2 also allows local elected officials and relevant agencies in
cities of one million or more to respond to an application for closure.
Section 3 amends subdivisions 1 and 2 of section 2801-g of the public
health law, as added by chapter 541 of the laws of 2010, which requires
the commissioner of the New York State Department of Health to: Hold a
community forum, giving community members and local elected officials
the chance to raise questions, voice concerns, and offer alternatives,
both in person and via written comment.
Post a copy of the report related to the proposed closure at least ten
days prior to such community forum.
Produce a written report regarding:
*The anticipated impact of closure on the surrounding communities'
access to care, including the uninsured and underserved;
*What measures DOH and others have taken or plan to take to lessen any
negative impact;
*Any other recommendations regarding access to health care services in
the impacted communities;
*Explain options for transitional medical services to impacted communi-
ties, including arrangements for continuity of care.
Section 4 establishes the effective date.
JUSTIFICATION:
The proposed closure of Long Island College Hospital, formerly operated
by the State University of New York-Downstate, ended up in court for
nearly two years, during which a court said that the current regulation
governing hospital closures is "unconstitutionally vague." The court
proceeding made clear that there was no process for determining the
healthcare impact of the hospital's closure on Cobble Hill and surround-
ing communities or Brooklyn. In addition, there was no role for real
community input or transparency. Throughout the multi-year fight to save
a full-service hospital in Cobble Hill, the community's needs were
repeatedly ignored.
Current law only requires a community forum to be held after a hospital
has already been closed and does not require the commissioner of the
State Department of Health to consider the health care needs of the
community, including emergency medical care or transitional care, as
part of the commissioner's decision to approve a hospital closure.
The LICH Act would allow the commissioner to only approve a hospital
closure application if the needs of the community and impacted stake-
holders, including access to emergency medical care, can be adequately
met. And, under the proposal, the commissioner would not be allowed to
close a hospital without a Significant and thorough community input
process dictated by a statutorily imposed timeline.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS:
Minimal Fiscal Impact
EFFECTIVE DATE:
immediately.
