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.
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.
