A02986 Summary:

BILL NOA02986A
 
SAME ASSAME AS S05144-A
 
SPONSORSimon (MS)
 
COSPNSRArroyo, Barron, Cook, Colton, Steck, Walker, Davila, Seawright, Abinanti, Ortiz, Carroll, D'Urso, Paulin, Epstein, Gottfried, Hevesi
 
MLTSPNSRBarnwell, Blake
 
Add 2801-h, amd 2801-g, Pub Health L
 
Relates to the closure of hospitals; includes general hospitals, emergency or maternity departments or the surrender of an operating certificate.
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A02986 Actions:

BILL NOA02986A
 
01/28/2019referred to health
05/31/2019amend (t) and recommit to health
05/31/2019print number 2986a
01/08/2020referred to health
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A02986 Memo:

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.
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A02986 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2986--A
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 28, 2019
                                       ___________
 
        Introduced by M. of A. SIMON, ARROYO, BARRON, COOK, COLTON, STECK, WALK-
          ER,  DAVILA,  SEAWRIGHT,  ABINANTI,  ORTIZ, CARROLL, D'URSO, PAULIN --
          Multi-Sponsored by -- M. of  A.  BARNWELL,  BLAKE  --  read  once  and
          referred  to  the  Committee  on  Health -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
 
        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:
 
     1    Section  1.  This  act  shall  be known and may be cited as the "local
     2  input in community healthcare act".
     3    § 2. The public health law is amended by adding a new  section  2801-h
     4  to read as follows:
     5    §  2801-h.  Closure of hospitals and certain hospital departments.  1.
     6  Notwithstanding any provision of law to the contrary, the closure  of  a
     7  general  hospital  or an emergency or maternity department, or surrender
     8  of an operating certificate pursuant to this article shall be subject to
     9  review and approval by the commissioner.
    10    2. (a) When a facility applies to the commissioner for the closure  of
    11  a general hospital or an emergency or maternity department, the facility
    12  must include a closure plan, including:
    13    (1)  the  anticipated impact of the general hospital's or department's
    14  closure on access to health care services by members of the  surrounding
    15  communities,  including but not limited to recipients of medical assist-
    16  ance for needy  persons,  the  uninsured,  and  underserved  populations
    17  including people with disabilities;
    18    (2)  specific  measures  the  facility and other parties have taken or
    19  would take to ameliorate such anticipated impact on the communities;
    20    (3) any  further  recommendations  regarding  access  to  health  care
    21  services in communities impacted by the closure; and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01681-02-9

        A. 2986--A                          2
 
     1    (4)  efforts  to  identify an alternate operator or efforts to request
     2  that the state assess its ability to assume financial responsibility.
     3    (b)  No  later  than  thirty  days after receipt of an application for
     4  closure of a general hospital the commissioner shall  submit  a  written
     5  notification  to the county executive or president of the borough within
     6  which the facility is located, the congressional representative for  the
     7  district in which the facility is located, and the state senator and the
     8  assembly  member  representing  the  area  within  which the facility is
     9  located, the city or county department of health, and where  applicable,
    10  the  community  board  or  the city council member representing the area
    11  within which the facility is located. Such  written  notification  shall
    12  include:
    13    (1) a complete copy of the hospital or department closure plan; and
    14    (2) complete copies of the application or request for closure.
    15    (c)  The commissioner shall also make a full copy of such notification
    16  available to the public on the department's website.
    17    (d) The commissioner shall also notify the public of such  application
    18  for  closure  through a press release and the posting of a notice at the
    19  affected hospital.
    20    3.  Upon any decision by the commissioner  to  approve  or  reject  an
    21  application  for closure of a general hospital or an emergency or mater-
    22  nity department, the commissioner shall make available to the public  on
    23  the department's website a written report including:
    24    (a)  a summary of the issues and proposals raised pursuant to subdivi-
    25  sion one of section twenty-eight hundred one-g of this article;
    26    (b) a  statement  of  the  reasons  why  any  significant  alternative
    27  proposals  made  pursuant  to  subdivision  one  of section twenty-eight
    28  hundred one-g of this article were or were  not  incorporated  into  the
    29  final closure plan;
    30    (c)  a description of any changes made to the proposed closure plan as
    31  a result of the issues or proposals raised pursuant to  subdivision  one
    32  of section twenty-eight hundred one-g of this article;
    33    (d)  the  anticipated impact of the general hospital's or department's
    34  closure on access to health care services by members of the  surrounding
    35  community,  including  but not limited to, recipients of medical assist-
    36  ance for needy  persons,  the  uninsured,  and  underserved  populations
    37  including people with disabilities;
    38    (e)  the  specific  measures  the  facility,  the department and other
    39  parties have taken or will take to ameliorate the anticipated impact;
    40    (f) an assessment of the ability of  the  state  to  assume  financial
    41  responsibility or identify an alternate operator;
    42    (g)  any  further  recommendations  regarding  access  to  health care
    43  services in communities impacted by the general hospital's or  emergency
    44  or maternity department's closure;
    45    (h)  information  about  transitional medical services to the impacted
    46  communities, including but not limited to arrangements for continuity of
    47  care; and
    48    (i) a complete copy of  the  proposed  decision  of  the  commissioner
    49  regarding  the closure of the hospital or emergency or maternity depart-
    50  ment, including all proposed terms, conditions and plans  for  providing
    51  health services to the affected communities and populations.
    52    4.  The  commissioner  may  only  approve the application if he or she
    53  reasonably determines that the  needs  of  the  community  and  impacted
    54  stakeholders,  including  but not limited to access to emergency medical
    55  care, can be adequately met.

        A. 2986--A                          3
 
     1    5. No closure shall be approved under this section unless the  commis-
     2  sioner  complies  with the provisions of this section and the provisions
     3  of section twenty-eight hundred one-g of this article.
     4    6. The commissioner shall promulgate any rules necessary to effectuate
     5  the provisions of this section.
     6    §  3. Section 2801-g of the public health law, as added by chapter 541
     7  of the laws of 2010, is amended to read as follows:
     8    § 2801-g. Community forum on hospital  closure.    1.  No  later  than
     9  [thirty]  forty-five  days  after  [the] an application for closure of a
    10  general hospital, or an emergency or maternity department, and at  least
    11  sixty  days  prior  to the proposed closure date, the commissioner shall
    12  hold a public community forum for the purpose of obtaining public  input
    13  concerning the anticipated impact of the general hospital's or emergency
    14  or  maternity  department's closure on access to health care services by
    15  members of the surrounding  community,  including  but  not  limited  to
    16  recipients  of  medical assistance for needy persons, the uninsured, and
    17  underserved populations including people with disabilities, and  options
    18  and  proposals  to  ameliorate such anticipated impact. The commissioner
    19  shall afford community members, health  care  providers,  labor  unions,
    20  payers,  businesses  [and],  consumers, the congressional representative
    21  for the district in which the facility is located, the county  executive
    22  or  president  of  the borough within which the facility is located, the
    23  state senator and assembly member representing the area within which the
    24  facility is located, and the community board and the city council member
    25  representing the area within which the facility is located where  appli-
    26  cable,  a reasonable opportunity to speak about relevant matters at such
    27  community forum. The commissioner shall also accept  comments  submitted
    28  in  writing  at  such public forum and by mail within at least two weeks
    29  following the community forum.  At least ten days prior to such communi-
    30  ty forum, the commissioner  shall  release  publicly  and  post  on  its
    31  website  a  complete  copy of the commissioner's notification related to
    32  the closure  required  by  subdivision  three  of  section  twenty-eight
    33  hundred one-h of this article.
    34    2.  [No later than sixty days after holding a community forum pursuant
    35  to subdivision one of this section, the commissioner shall  make  avail-
    36  able to the public on the department's website information regarding:
    37    (a) the anticipated impact of the general hospital's closure on access
    38  to health care services by members of the surrounding community, includ-
    39  ing  but  not  limited  to  recipients  of  medical assistance for needy
    40  persons, the uninsured, and underserved populations;
    41    (b) specific measures the department and other parties have  taken  or
    42  will take to ameliorate such anticipated impact; and
    43    (c)  any  further  recommendations  regarding  access  to  health care
    44  services in communities impacted by the general hospital's closure.
    45    3.] A community forum conducted pursuant to this section shall be held
    46  at a location within a reasonable  proximity  to  the  general  hospital
    47  subject  to  closure, and shall be announced no less than ten days prior
    48  to the date of such community forum.
    49    § 4. This act shall take effect immediately.
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