S T A T E   O F   N E W   Y O R K
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    S. 5916--A                                            A. 8119--A

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              July 12, 2013
                               ___________

IN  SENATE  -- Introduced by Sens. PARKER, DILAN, MONTGOMERY, SAMPSON --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on  Rules -- recommitted to the Committee on Health in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

IN ASSEMBLY -- Introduced by M. of A. CAMARA -- Multi-Sponsored by -- M.
  of A. BRENNAN,  BROOK-KRASNY,  CYMBROWITZ,  JACOBS,  LENTOL,  MILLMAN,
  MOSLEY,  PERRY -- read once and referred to the Committee on Health --
  recommitted to the Committee on Health  in  accordance  with  Assembly
  Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the executive law, in relation to creating the  Brooklyn
  health care commission

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

  Section 1. The executive law is amended by adding a new  article  49-C
to read as follows:
                              ARTICLE 49-C
                     BROOKLYN HEALTH CARE COMMISSION
SECTION 996. BROOKLYN HEALTH CARE COMMISSION.
        996-A. KINGS COUNTY HEALTH CARE STAKEHOLDERS COUNCIL.
  S  996. BROOKLYN HEALTH CARE COMMISSION. 1. THERE IS HEREBY CREATED IN
THE EXECUTIVE DEPARTMENT, A COMMISSION TO  BE  KNOWN  AS  THE  "BROOKLYN
HEALTH  CARE  COMMISSION,"  HEREAFTER  REFERRED  TO AS THE "COMMISSION",
WHICH SHALL BE CHARGED WITH EXAMINING THE SYSTEM OF  GENERAL  HOSPITALS,
NURSING  HOMES,  AMBULATORY  AND  PRIMARY  CARE  FACILITIES, AND MEDICAL
SCHOOL FACILITIES IN KINGS  COUNTY  AND  RECOMMENDING  CHANGES  TO  THAT
SYSTEM.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11603-02-4

              

S. 5916--A                          2                         A. 8119--A

  2.  THE  COMMISSION SHALL CONSIST OF THE FOLLOWING ELEVEN MEMBERS: (A)
ONE MEMBER APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE;  (B)  ONE
MEMBER  APPOINTED  BY  THE  SPEAKER  OF  THE  ASSEMBLY;  (C)  ONE MEMBER
APPOINTED BY THE MINORITY LEADER OF THE SENATE; (D) ONE MEMBER APPOINTED
BY  THE  MINORITY LEADER OF THE ASSEMBLY; (E) THREE MEMBERS APPOINTED BY
THE KINGS COUNTY BOROUGH PRESIDENT, ONE MEMBER FROM EACH OF THE  FOLLOW-
ING  THREE REGIONS: (I) NORTH OF ATLANTIC AVENUE; (II) SOUTH AND WEST OF
FLATBUSH AVENUE; AND (III) SOUTH OF ATLANTIC AVENUE AND EAST OF FLATBUSH
AVENUE; (F) TWO MEMBERS APPOINTED  BY THE MAYOR OF NEW  YORK  CITY;  AND
(G) TWO MEMBERS APPOINTED BY THE GOVERNOR.
  3.  THE  MEMBERS  OF  THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICE AS MEMBERS, BUT SHALL BE ALLOWED THEIR ACTUAL  AND  NECES-
SARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
  4.  THE COMMISSION SHALL BEGIN TO ACT FORTY-FIVE DAYS AFTER THIS ARTI-
CLE SHALL HAVE BECOME A LAW.
  5. THE COMMISSIONER OF HEALTH SHALL DESIGNATE SUCH  EMPLOYEES  OF  THE
DEPARTMENT  OF  HEALTH  AS  ARE  REASONABLY NECESSARY TO PROVIDE SUPPORT
SERVICES TO THE COMMISSION.
  6. THE COMMISSIONER OF HEALTH SHALL APPOINT: (A) ONE OR MORE REPRESEN-
TATIVES OF THE DEPARTMENT TO SERVE AS A LIAISON BETWEEN  THE  DEPARTMENT
AND THE COMMISSION; (B) ONE OR MORE REPRESENTATIVES OF THE DEPARTMENT TO
SERVE  AS  A  LIAISON  BETWEEN THE KINGS COUNTY HEALTH CARE STAKEHOLDERS
COUNCIL AND THE COMMISSION.
  7. THE DIRECTOR OF THE DORMITORY AUTHORITY OF THE STATE  OF  NEW  YORK
SHALL  APPOINT  ONE  OR MORE REPRESENTATIVES TO BE A LIAISON BETWEEN THE
COMMISSION AND THE AUTHORITY.
  8. ALL DEPARTMENTS, COMMISSIONS AND PUBLIC AUTHORITIES  OF  THE  STATE
SHALL  BE  REQUIRED  TO  PROVIDE  SUCH  ASSISTANCE  AS MAY BE REASONABLY
REQUESTED BY THE CHAIR OF THE COMMISSION.
  9. IN CARRYING OUT ITS TASK, THE COMMISSION SHALL:
  (A) CONDUCT A COMPLETE  AND  COMPREHENSIVE  EPIDEMIOLOGICAL  STUDY  OF
KINGS COUNTY'S HEALTH CARE CHALLENGES AND NEEDS;
  (B)  CONDUCT A COMPLETE AND COMPREHENSIVE USABILITY STUDY OF WHAT TYPE
AND HOW MUCH HEALTH CARE SERVICES ARE USED BY KINGS COUNTY'S  RESIDENTS,
AND IN WHICH HOSPITALS, PRIMARY CARE OR URGENT CARE FACILITIES;
  (C) STUDY THE NEED FOR CAPACITY IN THE GENERAL HOSPITAL, NURSING HOME,
MEDICAL  SCHOOL,  AMBULATORY  CARE FACILITIES AND SERVICES, PRIMARY CARE
FACILITIES AND SERVICES, URGENT CARE  FACILITIES  AND  SERVICES,  PUBLIC
HEALTH  CLINICS,  AND  HOME/COMMUNITY-BASED HEALTH CARE SERVICES IN EACH
REGION OF KINGS COUNTY;
  (D) STUDY THE CAPACITY CURRENTLY EXISTING  IN  SUCH  SYSTEMS  IN  EACH
REGION OF KINGS COUNTY;
  (E)  STUDY  THE ECONOMIC IMPACT OF THE ECONOMIC FAILURE OF KINGS COUN-
TY'S HOSPITALS, MEDICAL SCHOOL AND OTHER HEALTH CARE FACILITIES  ON  THE
STATE,  CITY  AND  KINGS COUNTY ECONOMIES, INCLUDING THE CAPACITY OF THE
HEALTH CARE SYSTEM TO PROVIDE EMPLOYMENT  OR  TRAINING  TO  HEALTH  CARE
WORKERS AFFECTED BY SUCH EVENTUALITIES;
  (F)  STUDY  THE AMOUNT OF CAPITAL DEBT BEING CARRIED BY GENERAL HOSPI-
TALS AND NURSING HOMES, AND SUCH OTHER ENTITIES  PROVIDING  HEALTH  CARE
SERVICES  IN  KINGS  COUNTY,  AND  THE  NATURE OF THE BONDING AND CREDIT
ENHANCEMENT, IF ANY, SUPPORTING SUCH DEBT, AND THE FINANCIAL  STATUS  OF
GENERAL  HOSPITALS  AND NURSING HOMES, INCLUDING REVENUES FROM MEDICARE,
MEDICAID, OTHER GOVERNMENT FUNDS, AND PRIVATE THIRD-PARTY PAYORS;
  (G) STUDY THE AVAILABILITY OF  ALTERNATIVE  SOURCES  OF  FUNDING  WITH
REGARD  TO THE CAPITAL DEBT OF ALL HEALTH CARE FACILITIES IN KINGS COUN-
TY;

S. 5916--A                          3                         A. 8119--A

  (H) STUDY THE EXISTENCE OF OTHER HEALTH CARE SERVICES IN THE  AFFECTED
REGION,  INCLUDING  THE  AVAILABILITY  OF SERVICES FOR THE UNINSURED AND
UNDERINSURED, AND INCLUDING SERVICES  PROVIDED  OTHER  THAN  BY  GENERAL
HOSPITALS AND NURSING HOMES;
  (I)  STUDY  THE POTENTIAL CONVERSION OF FACILITIES OR CURRENT FACILITY
CAPACITY FOR USES OTHER THAN AS INPATIENT  OR  RESIDENTIAL  HEALTH  CARE
FACILITIES;
  (J)  STUDY THE EXTENT TO WHICH A FACILITY SERVES THE HEALTH CARE NEEDS
OF THE REGION, INCLUDING SERVING MEDICAID RECIPIENTS, THE UNINSURED, AND
UNDERSERVED COMMUNITIES; AND
  (K) STUDY THE POTENTIAL FOR IMPROVED QUALITY OF  CARE  AND  THE  REDI-
RECTION OF RESOURCES FROM SUPPORTING EXCESS CAPACITY WITHIN KINGS COUNTY
TOWARD  REINVESTMENT INTO PRODUCTIVE HEALTH CARE PURPOSES IN KINGS COUN-
TY, AND THE EXTENT TO WHICH THE ACTIONS RECOMMENDED  BY  THE  COMMISSION
WOULD  RESULT  IN  GREATER  STABILITY  AND EFFICIENCY IN THE DELIVERY OF
NEEDED HEALTH CARE SERVICES FOR A COMMUNITY.
  10. THE COMMISSIONER OF HEALTH  AND  THE  DIRECTOR  OF  THE  DORMITORY
AUTHORITY  OF  THE  STATE  OF  NEW  YORK  MAY SUBMIT ADDITIONAL RELEVANT
FACTORS TO BE CONSIDERED IN THE DELIBERATIONS  OF  THE  COMMISSION.  THE
COMMISSION  SHALL  ALSO ADOPT ADDITIONAL FACTORS TO BE CONSIDERED IN ITS
DELIBERATIONS, FROM AMONG A LIST OF SUCH FACTORS SUBMITTED BY THE  KINGS
COUNTY HEALTH CARE STAKEHOLDER'S COUNCIL.
  11. THE COMMISSIONER SHALL ALSO SUBMIT TO THE COMMISSION SUCH INFORMA-
TION AS MAY BE AVAILABLE FROM THE DEPARTMENT OF HEALTH ON GENERAL HOSPI-
TAL AND NURSING HOME CAPACITY, SERVICES AND BEDS, AVAILABILITY OF PRIMA-
RY  AND  AMBULATORY  CARE  SERVICES,  AND CURRENT NUMBER OF BEDS IN SUCH
FACILITIES, INCLUDING, BUT NOT LIMITED TO, INFORMATION FROM:
  (A) OPERATING CERTIFICATE FILES;
  (B) INSTITUTIONAL COST REPORTS;
  (C) FACILITY OCCUPANCY REPORTS;
  (D) ANNUAL REPORTS OF THE CERTIFICATE OF NEED PROGRAM; AND
  (E) THE STATEWIDE PLANNING AND RESEARCH COOPERATIVE SYSTEM.
  12. RECORDS SUBMITTED TO THE COMMISSION OR ANY COMMITTEE THEREOF SHALL
NOT BE SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFI-
CERS LAW, UNLESS THE RECORD  WOULD  BE  A  PUBLIC  RECORD  BEFORE  BEING
SUBMITTED TO THE COMMISSION.
  13.  IN  CARRYING  OUT  ITS  TASK,  THE COMMISSION SHALL ALSO FORMALLY
SOLICIT RECOMMENDATIONS FROM HEALTH CARE EXPERTS, COUNTY HEALTH  DEPART-
MENTS,  COMMUNITY-BASED  ORGANIZATIONS,  STATE  AND REGIONAL HEALTH CARE
INDUSTRY ASSOCIATIONS, LABOR UNIONS  AND  OTHER  INTERESTED  PARTIES  AS
BROADLY  AS IT CONSIDERS IT NECESSARY AND PROPER, AND IT SHALL TAKE INTO
ACCOUNT SUCH RECOMMENDATIONS AND THE RECOMMENDATIONS OF THE KINGS COUNTY
HEALTH CARE STAKEHOLDERS COUNCIL DURING ITS DELIBERATIONS. IN DEVELOPING
ITS RECOMMENDATIONS, THE COMMISSION SHALL AS FAR AS PRACTICABLE ESTIMATE
THE IMPROVEMENT IN QUALITY OF CARE, FINANCIAL STATUS OF  THE  HOSPITALS,
AND  ALL  OTHER EFFICIENCIES THAT MAY BE DERIVED FROM RECONFIGURATION OF
THE KINGS COUNTY HEALTH CARE SYSTEM.
  14. THE COMMISSION SHALL BE FINISHED WITH ITS STUDY AND  ANALYSIS  AND
PROVIDE ITS RECOMMENDATIONS, ALONG WITH SUGGESTED LEGISLATIVE AND EXECU-
TIVE  ACTION,  INCLUDING  BUT NOT LIMITED TO INFRASTRUCTURE INVESTMENTS,
AND REFINANCING OF EXISTING DEBT OF GENERAL HOSPITALS IN  KINGS  COUNTY,
BY DECEMBER FIRST, TWO THOUSAND FOURTEEN.
  15.  THE  COMMISSION AND ITS DELIBERATIONS SHALL BE SUBJECT TO ARTICLE
SEVEN OF THE PUBLIC OFFICERS LAW. THE COMMISSIONERS SHALL BE  CONSIDERED
PUBLIC OFFICERS.
  16. THE COMMISSION SHALL ADOPT ITS BYLAWS ON OR BY ITS SECOND MEETING.

S. 5916--A                          4                         A. 8119--A

  S  996-A.  KINGS  COUNTY HEALTH CARE STAKEHOLDERS COUNCIL. 1. THERE IS
HEREBY CREATED AS PART OF THE COMMISSION A COUNCIL TO BE  KNOWN  AS  THE
"KINGS COUNTY HEALTH CARE STAKEHOLDERS COUNCIL" HEREAFTER REFERRED TO AS
THE  "COUNCIL",  WHICH  SHALL CONSIST OF THE FOLLOWING NINE MEMBERS: (A)
THREE  MEMBERS  APPOINTED  BY  THE  KINGS  COUNTY BOROUGH PRESIDENT, ONE
MEMBER FROM EACH OF THE FOLLOWING THREE REGIONS; (I) NORTH  OF  ATLANTIC
AVENUE;  (II)  SOUTH  AND  WEST  OF  FLATBUSH AVENUE; AND (III) SOUTH OF
ATLANTIC AVENUE AND EAST OF FLATBUSH AVENUE; (B) THREE MEMBERS APPOINTED
BY THE GOVERNOR, ONE MEMBER FROM EACH OF THE  FOLLOWING  THREE  REGIONS:
(I)  NORTH  OF  ATLANTIC AVENUE; (II) SOUTH AND WEST OF FLATBUSH AVENUE;
AND (III) SOUTH OF ATLANTIC AVENUE AND EAST OF FLATBUSH AVENUE; AND  (C)
THREE  MEMBERS  APPOINTED  BY  THE  MAYOR,  ONE  MEMBER FROM EACH OF THE
FOLLOWING THREE REGIONS: (I) NORTH OF ATLANTIC AVENUE;  (II)  SOUTH  AND
WEST  OF FLATBUSH AVENUE; AND (III) SOUTH OF ATLANTIC AVENUE AND EAST OF
FLATBUSH AVENUE.
  2. THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR  THEIR
SERVICE AS MEMBERS.
  3.  THE  COUNCIL SHALL BEGIN TO ACT FORTY-FIVE DAYS AFTER THIS ARTICLE
SHALL HAVE BECOME A LAW.
  4. THE COUNCIL SHALL HAVE AT LEAST THREE PUBLIC  MEETINGS  DURING  THE
EXISTENCE  OF  THE COMMISSION. EACH MEETING SHALL BE HELD IN A DIFFERENT
REGION OF KINGS COUNTY.
  5. THE COUNCIL SHALL DEVELOP RECOMMENDATIONS FOR THE  COMMISSION  WITH
REGARD  TO  RECONFIGURING  KINGS  COUNTY'S  SYSTEM OF GENERAL HOSPITALS,
NURSING HOMES, AMBULATORY  AND  PRIMARY  CARE  FACILITIES,  AND  MEDICAL
SCHOOL FACILITIES.
  6. IN DEVELOPING RECOMMENDATIONS FOR THE COMMISSION, THE COUNCIL SHALL
FOSTER DISCUSSIONS AMONG, AND CONDUCT FORMAL PUBLIC HEARINGS WITH REQUI-
SITE  PUBLIC  NOTICE TO SOLICIT INPUT FROM, LOCAL STAKEHOLDER INTERESTS,
INCLUDING BUT NOT LIMITED TO COMMUNITY-BASED ORGANIZATIONS, HEALTH  CARE
PROVIDERS, LABOR UNIONS, PAYERS, BUSINESSES AND CONSUMERS.
  S 2. This act shall take effect immediately.