S T A T E   O F   N E W   Y O R K
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                                 1363--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 12, 2015
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance -- recommitted  to
  the  Committee  on Finance in accordance with Senate Rule 6, sec. 8 --
  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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03824-02-6

              

S. 1363--A                          2

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;
  (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;

S. 1363--A                          3

  (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 SEVENTEEN.
  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 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

S. 1363--A                          4

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.