S05144 Summary:

BILL NOS05144A
 
SAME ASSAME AS A02986-A
 
SPONSORKAVANAGH
 
COSPNSR
 
MLTSPNSR
 
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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S05144 Actions:

BILL NOS05144A
 
04/11/2019REFERRED TO HEALTH
05/30/2019REPORTED AND COMMITTED TO FINANCE
06/05/2019AMEND (T) AND RECOMMIT TO FINANCE
06/05/2019PRINT NUMBER 5144A
01/08/2020REFERRED TO HEALTH
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S05144 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5144--A
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                     April 11, 2019
                                       ___________
 
        Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health -- reported favora-
          bly from said committee and committed to the Committee on  Finance  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee

        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.
                                                                   LBD01681-03-9

        S. 5144--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.

        S. 5144--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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