Senate Bill S5802

Vetoed By Governor
2009-2010 Legislative Session

Enacts the "hospital closure planning act"

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Sponsored By

Archive: Last Bill Status Via A8461 - 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-S5802 - Details

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

2009-S5802 - 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-S5802 - Sponsor Memo

2009-S5802 - Bill Text download pdf 

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

                                  5802

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 5, 2009
                               ___________

Introduced  by  Sen. HUNTLEY -- read twice and ordered printed, and when
  printed to be committed 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 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.
  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.
                                                           LBD11426-06-9

2009-S5802A (ACTIVE) - Details

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

2009-S5802A (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-S5802A (ACTIVE) - Sponsor Memo

2009-S5802A (ACTIVE) - Bill Text download pdf 

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

                                 5802--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 5, 2009
                               ___________

Introduced  by  Sen. HUNTLEY -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Rules  --  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 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
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.
                                                           LBD11426-10-9

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