Assembly Bill A8461

Vetoed By Governor
2009-2010 Legislative Session

Enacts the "hospital closure planning act"

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Archive: Last Bill Status - Vetoed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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Bill Amendments

2009-A8461 - Details

Laws Affected:
Add §2801-g, Pub Health L

2009-A8461 - Summary

Enacts the "hospital closure planning act"; provides that whenever a general hospital closes, the commissioner of health shall within thirty days of being notified of such closure, hold a public hearing at a location within the geographic area served by such general hospital to solicit testimony concerning the extent to which such closure will result in the reduction or elimination of health care services in the affected community, and options and proposals for replacing or enhancing such health care services through other means in order to meet the needs of residents in the affected community; makes related provisions.

2009-A8461 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8461

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 21, 2009
                               ___________

Introduced  by  M. of A. LANCMAN, MAYERSOHN -- read once and referred to
  the Committee on Health

AN ACT to amend the public health  law,  in  relation  to  enacting  the
  "hospital closure planning act"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "hospital closure planning act".
  S  2.  The public health law is amended by adding a new section 2801-g
to read as follows:
  S 2801-G. COMMUNITY PLANNING FOR HOSPITAL CLOSURE. 1.  NO  LATER  THAN
THIRTY  DAYS  AFTER  RECEIVING  WRITTEN NOTICE OF A HOSPITAL'S INTENT TO
VOLUNTARILY DISCONTINUE OPERATIONS OR SURRENDER  ITS  OPERATING  CERTIF-
ICATE,  OR  WITHIN  THIRTY  DAYS OF AN INVOLUNTARY HOSPITAL CLOSURE OR A
HOSPITAL CLOSURE FOR WHICH NO WRITTEN NOTICE WAS PROVIDED,  THE  COMMIS-
SIONER  SHALL HOLD A PUBLIC HEARING CONCERNING THE ANTICIPATED IMPACT OF
THE HOSPITAL 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 PUBLIC HEARING SHALL BE HELD AT A LOCATION WITHIN A REASON-
ABLE PROXIMITY  TO  THE  HOSPITAL  SUBJECT  TO  CLOSURE,  AND  SHALL  BE
ANNOUNCED  NO  LESS THAN TEN DAYS PRIOR TO THE HEARING DATE. THE COMMIS-
SIONER SHALL ARRANGE FOR PERSONS WITH RELEVANT EXPERTISE TO  TESTIFY  AT
THE  PUBLIC  HEARING,  AND  SHALL  AFFORD COMMUNITY MEMBERS, HEALTH CARE
PROVIDERS, LABOR UNIONS, PAYERS, BUSINESSES AND CONSUMERS  A  REASONABLE
OPPORTUNITY TO PROVIDE RELEVANT TESTIMONY.
  2.  NO  LATER  THAN  THIRTY  DAYS  AFTER HOLDING A HEARING PURSUANT TO
SUBDIVISION ONE OF THIS SECTION, THE COMMISSIONER SHALL PROVIDE A  WRIT-
TEN REPORT TO THE GOVERNOR AND THE LEGISLATURE STATING:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11426-02-9

              

2009-A8461A - Details

Laws Affected:
Add §2801-g, Pub Health L

2009-A8461A - Summary

Enacts the "hospital closure planning act"; provides that whenever a general hospital closes, the commissioner of health shall within thirty days of being notified of such closure, hold a public hearing at a location within the geographic area served by such general hospital to solicit testimony concerning the extent to which such closure will result in the reduction or elimination of health care services in the affected community, and options and proposals for replacing or enhancing such health care services through other means in order to meet the needs of residents in the affected community; makes related provisions.

2009-A8461A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8461--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 21, 2009
                               ___________

Introduced  by  M.  of  A.  LANCMAN,  MAYERSOHN, MENG, DenDEKKER, CLARK,
  PERALTA, AUBRY, TITUS -- Multi-Sponsored by  --  M.  of  A.  GIANARIS,
  HEVESI,  MARKEY,  NOLAN,  PHEFFER, WEPRIN -- read once and referred to
  the Committee on Health -- reported and referred to the  Committee  on
  Ways   and  Means  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the public health  law,  in  relation  to  enacting  the
  "hospital closure planning act"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "hospital closure planning act".
  S  2.  The public health law is amended by adding a new section 2801-g
to read as follows:
  S 2801-G. COMMUNITY PLANNING FOR HOSPITAL CLOSURE. 1.  NO  LATER  THAN
THIRTY  DAYS  AFTER  RECEIVING  WRITTEN  NOTICE  OF A GENERAL HOSPITAL'S
INTENT TO VOLUNTARILY DISCONTINUE OPERATIONS OR SURRENDER ITS  OPERATING
CERTIFICATE,  OR WITHIN THIRTY DAYS OF AN INVOLUNTARY GENERAL HOSPITAL'S
CLOSURE OR A GENERAL HOSPITAL'S CLOSURE FOR WHICH NO WRITTEN NOTICE  WAS
PROVIDED,  THE  COMMISSIONER  SHALL HOLD A PUBLIC HEARING 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 UNIN-
SURED, AND UNDERSERVED POPULATIONS, AND OPTIONS AND PROPOSALS TO AMELIO-
RATE SUCH ANTICIPATED IMPACT. THE PUBLIC HEARING  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
HEARING  DATE.  THE COMMISSIONER SHALL ARRANGE FOR PERSONS WITH RELEVANT
EXPERTISE TO TESTIFY AT THE PUBLIC HEARING, AND SHALL  AFFORD  COMMUNITY
MEMBERS,  HEALTH  CARE  PROVIDERS,  LABOR UNIONS, PAYERS, BUSINESSES AND
CONSUMERS A REASONABLE OPPORTUNITY TO PROVIDE RELEVANT TESTIMONY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11426-03-9
              

2009-A8461B - Details

Laws Affected:
Add §2801-g, Pub Health L

2009-A8461B - Summary

Enacts the "hospital closure planning act"; provides that whenever a general hospital closes, the commissioner of health shall within thirty days of being notified of such closure, hold a public hearing at a location within the geographic area served by such general hospital to solicit testimony concerning the extent to which such closure will result in the reduction or elimination of health care services in the affected community, and options and proposals for replacing or enhancing such health care services through other means in order to meet the needs of residents in the affected community; makes related provisions.

2009-A8461B - Sponsor Memo

2009-A8461B - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8461--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 21, 2009
                               ___________

Introduced  by  M.  of  A.  LANCMAN,  MAYERSOHN, MENG, DenDEKKER, CLARK,
  PERALTA, AUBRY, TITUS, SCARBOROUGH, CARROZZA -- Multi-Sponsored by  --
  M.  of  A.  COOK,  GIANARIS, HEVESI, MARKEY, NOLAN, PHEFFER, WEPRIN --
  read once and referred to the Committee  on  Health  --  reported  and
  referred  to  the Committee on Ways and Means -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  --  again  reported  from  said  committee with amendments,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the public health  law,  in  relation  to  enacting  the
  "hospital closure planning act"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "hospital closure planning act".
  S  2.  The public health law is amended by adding a new section 2801-g
to read as follows:
  S 2801-G. COMMUNITY PLANNING FOR HOSPITAL CLOSURE. 1.  NO  LATER  THAN
THIRTY  DAYS  AFTER  RECEIVING  WRITTEN  NOTICE  OF A GENERAL HOSPITAL'S
INTENT TO VOLUNTARILY DISCONTINUE OPERATIONS OR SURRENDER ITS  OPERATING
CERTIFICATE,  OR  WITHIN THIRTY DAYS OF A GENERAL HOSPITAL'S INVOLUNTARY
CLOSURE OR A GENERAL HOSPITAL'S CLOSURE FOR WHICH NO WRITTEN NOTICE  WAS
PROVIDED,  THE  COMMISSIONER  SHALL HOLD A PUBLIC HEARING 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 UNIN-
SURED, AND UNDERSERVED POPULATIONS, AND OPTIONS AND PROPOSALS TO AMELIO-
RATE SUCH ANTICIPATED IMPACT. THE PUBLIC HEARING  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
HEARING  DATE.  THE COMMISSIONER SHALL ARRANGE FOR PERSONS WITH RELEVANT
EXPERTISE TO TESTIFY AT THE PUBLIC HEARING, AND SHALL  AFFORD  COMMUNITY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11426-05-9
              

2009-A8461C (ACTIVE) - Details

Laws Affected:
Add §2801-g, Pub Health L

2009-A8461C (ACTIVE) - Summary

Enacts the "hospital closure planning act"; provides that whenever a general hospital closes, the commissioner of health shall within thirty days of being notified of such closure, hold a public hearing at a location within the geographic area served by such general hospital to solicit testimony concerning the extent to which such closure will result in the reduction or elimination of health care services in the affected community, and options and proposals for replacing or enhancing such health care services through other means in order to meet the needs of residents in the affected community; makes related provisions.

2009-A8461C (ACTIVE) - Sponsor Memo

2009-A8461C (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8461--C

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 21, 2009
                               ___________

Introduced  by  M.  of  A.  LANCMAN,  MAYERSOHN, MENG, DenDEKKER, CLARK,
  PERALTA, AUBRY, TITUS, SCARBOROUGH, CARROZZA -- Multi-Sponsored by  --
  M.  of  A.  COOK,  GIANARIS, HEVESI, MARKEY, NOLAN, PHEFFER, WEPRIN --
  read once and referred to the Committee  on  Health  --  reported  and
  referred  to  the Committee on Ways and Means -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  --  again  reported  from  said  committee with amendments,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  reported  and  referred  to  the Committee on Rules -- Rules Committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to the Committee on Rules

AN ACT to amend the public health  law,  in  relation  to  enacting  the
  "hospital closure planning act"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "hospital closure planning act".
  S  2.  The public health law is amended by adding a new section 2801-g
to read as follows:
  S 2801-G. COMMUNITY PLANNING FOR HOSPITAL CLOSURE. 1.  NO  LATER  THAN
THIRTY  DAYS  AFTER  RECEIVING  WRITTEN  NOTICE  OF A GENERAL HOSPITAL'S
INTENT TO VOLUNTARILY DISCONTINUE OPERATIONS OR SURRENDER ITS  OPERATING
CERTIFICATE,  OR  WITHIN THIRTY DAYS OF A GENERAL HOSPITAL'S INVOLUNTARY
CLOSURE OR A GENERAL HOSPITAL'S CLOSURE FOR WHICH NO WRITTEN NOTICE  WAS
PROVIDED,  THE  COMMISSIONER  SHALL HOLD A PUBLIC HEARING 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 UNIN-
SURED, AND UNDERSERVED POPULATIONS, AND OPTIONS AND PROPOSALS TO AMELIO-
RATE SUCH ANTICIPATED  IMPACT.    THE  COMMISSIONER  SHALL  ARRANGE  FOR
PERSONS  WITH  RELEVANT  EXPERTISE TO TESTIFY AT THE PUBLIC HEARING, AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11426-09-9
              

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