NY State Senate Bill 2015-S2500A

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to health
May 20, 2015	print number 2500a
May 20, 2015	amend and recommit to finance
Apr 22, 2015	reported and committed to finance
Mar 12, 2015	notice of committee consideration - requested
Jan 26, 2015	referred to health

Votes

- Apr 22, 2015 - Health Committee Vote
  S2500A
  
  12
  
  Aye
  
  0
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Apr 22, 2015
      
      aye (12)
      
      Felder
      
      Golden
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Larkin
      
      Little
      
      Martins
      
      Montgomery
      
      Panepinto
      
      Rivera
      
      Stavisky
      
      Young
      
      aye wr (5)
      
      Farley
      
      Hannon
      
      Murphy
      
      Seward
      
      Valesky

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S2500 - Details

See Assembly Version of this Bill:: A6417
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §2801-i, amd §2801-g, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S266, S7082, A1015
2019-2020: A2986
2021-2022: A2251
2023-2024: A1633

2015-S2500 - Summary

Relates to the closure of hospitals.

2015-S2500 - Sponsor Memo

                                BILL NUMBER:S2500

TITLE OF BILL:

An act to amend the public health law, in relation to the closure of
hospitals

PURPOSE OR GENERAL IDEA OF THE BILL:

To allow for greater community impact when hospital closures are
threatened.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 establishes the title as the "Local Input in Community
Healthcare (LICH) Act"

Section 2 adds a new Section 2801-i of the public health law to give
explicit authority for closure of hospitals to the Commissioner of the
New York State Department of Health. It also requires the Commissioner
to:

Issue a report within 30 days of an application for closure,
including:

* The anticipated impact of closure on the surrounding communities'

access to care, including the uninsured and underserved;

* What measures DOH and others have taken or plan to take to lessen
any negative impact;

* Any other recommendations regarding access to health care services
in the impacted communities;

* Why the State cannot assume financial responsibility for the
hospital or identify an alternate operator.

* Complete copies of the application for closure.

Upon any decision to approve or reject an application for closure of a
general hospital in a city of one million or more, respond to
community input by:

* Answering, in summary, comments received from community members and
local elected officials

* Explaining why significant alternatives were or were not
incorporated into a final closure plan.

* Identifying any changes to the plan resulting from community
concerns or suggestions.

* Releasing a complete copy of the proposed closure decision,
including plans for providing health services to the impacted
communities Only approve the application if needs of the community and
impacted stakeholders, including access to emergency medical care, can
be adequately met.


Section 2 also allows local elected officials and relevant agencies in
cities of one million or more to respond to an application for
closure.

Section 3 amends subdivisions 1 and 2 of section 2801-g of the public
health law, as added by chapter 541 of the laws of 2010, which
requires the commissioner of the New York State Department of Health
to:

Hold a community forum, giving community members and local elected
officials the chance to raise questions, voice concerns, and offer
alternatives, both in person and via written comment.

Post a copy of the report related to the proposed closure at least ten
days prior to such community forum.

Produce a written report regarding:

* The anticipated impact of closure on the surrounding communities'
access to care, including the uninsured and underserved;

* What measures DOH and others have taken or plan to take to lessen
any negative impact;

* Any other recommendations regarding access to health care services
in the impacted communities;

* Explain options for transitional medical services to impacted
communities, including arrangements for continuity of care.

Section 4 establishes the effective date.

JUSTIFICATION:

The proposed closure of Long Island College Hospital, formerly
operated by the State University of New York-Downstate, ended up in
court for nearly two years, during which a court said that the current
regulation governing hospital closures is "unconstitutionally vague."
The court proceeding made clear that there was no process for
determining the healthcare impact of the hospital's closure on Cobble
Hill and surrounding communities or Brooklyn. In addition, there was
no role for real community input or transparency. Throughout the
multi-year fight to save a full-service hospital in Cobble Hill, the
community's needs were repeatedly ignored.

Current law only requires a community forum to be held after a
hospital has already been closed and does not require the commissioner
of the State Department of Health to consider the health care needs of
the community, including emergency medical care or transitional care,
as part of the commissioner's decision to approve a hospital closure.

The LICH Act would allow the commissioner to only approve a hospital
closure application if the needs of the community and impacted
stakeholders, including access to emergency medical care, can be
adequately met. And, under the proposal, the commissioner would not be
allowed to close a hospital without a significant and thorough
community input process dictated by a statutorily imposed timeline.


PRIOR LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

Minimal Fiscal Impact

EFFECTIVE DATE:

Immediately.

2015-S2500 - Bill Text download pdf

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

                                  2500

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 26, 2015
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation  to  the  closure  of
  hospitals

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

  Section 1. This act shall be known and maybe cited as the "local input
in community healthcare act".
  S 2. The public health law is amended by adding a new  section  2801-i
to read as follows:
  S  2801-I.  CLOSURE  OF HOSPITALS. 1. NOTWITHSTANDING ANY PROVISION OF
LAW TO THE CONTRARY, THE CLOSURE OF A GENERAL HOSPITAL, SURRENDER OF  AN
OPERATING  CERTIFICATE,  OR  ELIMINATION  OF A SERVICE ALLOWED FOR IN AN
OPERATING CERTIFICATE PURSUANT TO  THIS  ARTICLE  SHALL  BE  SUBJECT  TO
REVIEW AND APPROVAL BY THE COMMISSIONER.
  2.  (A)  NO LATER THAN THIRTY DAYS AFTER RECEIPT OF AN APPLICATION FOR
CLOSURE OF A GENERAL HOSPITAL IN A CITY WITH A POPULATION OF ONE MILLION
OR MORE, THE COMMISSIONER SHALL SUBMIT A WRITTEN REPORT TO THE COMMUNITY
BOARD, THE CITY PLANNING COMMISSION, THE CITY COUNCIL MEMBER  REPRESENT-
ING  THE AREA WITHIN WHICH THE FACILITY IS LOCATED, THE PRESIDENT OF THE
BOROUGH WITHIN WHICH THE FACILITY IS LOCATED, THE  CONGRESSIONAL  REPRE-
SENTATIVE  FOR  THE  DISTRICT  IN WHICH THE FACILITY IS LOCATED, AND THE
STATE SENATOR AND THE ASSEMBLY MEMBER REPRESENTING THE AREA WITHIN WHICH
THE FACILITY IS LOCATED, OR THE CITY DEPARTMENT OF HEALTH. SUCH  WRITTEN
REPORT SHALL INCLUDE:
  (1) THE ANTICIPATED IMPACT OF THE GENERAL HOSPITAL'S CLOSURE ON ACCESS
TO  HEALTH  CARE  SERVICES  BY  MEMBERS  OF THE SURROUNDING COMMUNITIES,
INCLUDING BUT NOT LIMITED TO RECIPIENTS OF MEDICAL ASSISTANCE FOR  NEEDY
PERSONS, THE UNINSURED, AND UNDERSERVED POPULATIONS;
  (2)  SPECIFIC  MEASURES THE DEPARTMENT AND OTHER PARTIES HAVE TAKEN OR
WOULD TAKE TO AMELIORATE SUCH ANTICIPATED IMPACT ON THE COMMUNITIES;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08301-03-5

S. 2500                             2

  (3) ANY  FURTHER  RECOMMENDATIONS  REGARDING  ACCESS  TO  HEALTH  CARE
SERVICES IN COMMUNITIES IMPACTED BY THE CLOSURE;
  (4)  AN  ASSESSMENT  OF  THE  ABILITY OF THE STATE TO ASSUME FINANCIAL
RESPONSIBILITY OR IDENTIFY AN ALTERNATE OPERATOR; AND
  (5) COMPLETE COPIES OF THE APPLICATION OR REQUEST FOR CLOSURE.
  (B) THE COMMISSIONER SHALL ALSO MAKE A FULL COPY OF SUCH REPORT AVAIL-
ABLE TO THE PUBLIC ON THE DEPARTMENT'S WEBSITE.
  3. SUCH COMMUNITY BOARD, CITY COUNCIL MEMBER, STATE SENATOR,  ASSEMBLY
MEMBER,  CONGRESSIONAL REPRESENTATIVE, AND BOROUGH PRESIDENT, CITY PLAN-
NING COMMISSION, OR CITY HEALTH DEPARTMENT MAY REVIEW AND MAKE RECOMMEN-
DATIONS BASED UPON SUCH WRITTEN REPORT BY THE COMMISSIONER WITHIN THIRTY
DAYS OF RECEIPT THEREOF. ANY RECOMMENDATION  BY  SUCH  COMMUNITY  BOARD,
CITY  COUNCIL  MEMBER,  STATE  SENATOR,  ASSEMBLY  MEMBER, CONGRESSIONAL
REPRESENTATIVE, BOROUGH PRESIDENT, OR CITY PLANNING COMMISSION, OR  CITY
HEALTH DEPARTMENT OF SUCH CITY SHALL BE SUBMITTED TO THE COMMISSIONER.
  4.  UPON  ANY  DECISION  BY  THE  COMMISSIONER TO APPROVE OR REJECT AN
APPLICATION FOR CLOSURE OF A GENERAL HOSPITAL IN A  CITY  WITH  A  POPU-
LATION  OF ONE MILLION OR MORE, THE COMMISSIONER SHALL MAKE AVAILABLE TO
THE PUBLIC ON THE DEPARTMENT'S WEBSITE A WRITTEN REPORT INCLUDING:
  (A) A SUMMARY OF THE ISSUES RAISED  PURSUANT  TO  SUBDIVISION  ONE  OF
SECTION  TWENTY-EIGHT HUNDRED ONE-G OF THIS ARTICLE AND A SUMMARY OF ANY
RECOMMENDATIONS SUBMITTED BY THE COMMUNITY BOARD, CITY  COUNCIL  MEMBER,
STATE  SENATOR,  ASSEMBLY  MEMBER, CONGRESSIONAL REPRESENTATIVE, BOROUGH
PRESIDENT, CITY PLANNING COMMISSION, OR CITY HEALTH DEPARTMENT  PURSUANT
TO SUBDIVISION THREE OF THIS SECTION;
  (B)  A STATEMENT OF THE REASONS WHY ANY SIGNIFICANT ALTERNATIVE RECOM-
MENDATIONS MADE PURSUANT TO  SUBDIVISION  ONE  OF  SECTION  TWENTY-EIGHT
HUNDRED ONE-G OF THIS ARTICLE AND SUBDIVISION THREE OF THIS SECTION WERE
OR WERE NOT INCORPORATED INTO THE FINAL PLAN;
  (C) A DESCRIPTION OF ANY CHANGES MADE TO THE PROPOSED PLAN AS A RESULT
OF THE ISSUES RAISED PURSUANT TO SUBDIVISION ONE OF SECTION TWENTY-EIGHT
HUNDRED  ONE-G  OF THIS ARTICLE AND THE RECOMMENDATIONS SUBMITTED BY THE
COMMUNITY BOARD, CITY COUNCIL MEMBER, STATE  SENATOR,  ASSEMBLY  MEMBER,
CONGRESSIONAL  REPRESENTATIVE,  BOROUGH PRESIDENT, CITY PLANNING COMMIS-
SION, CITY HEALTH DEPARTMENT OR MEMBER OF THE PUBLIC PURSUANT TO  SUBDI-
VISION THREE OF THIS SECTION; AND
  (D)  A  COMPLETE  COPY  OF  THE  PROPOSED DECISION OF THE COMMISSIONER
REGARDING THE CLOSURE OF THE HOSPITAL,  INCLUDING  ALL  PROPOSED  TERMS,
CONDITIONS  AND  PLANS  FOR  PROVIDING  HEALTH  SERVICES TO THE AFFECTED
COMMUNITIES AND POPULATIONS.
  5. THE COMMISSIONER MAY ONLY APPROVE THE  APPLICATION  IF  HE  OR  SHE
REASONABLY  DETERMINES  THAT  THE  NEEDS  OF  THE COMMUNITY AND IMPACTED
STAKEHOLDERS, INCLUDING BUT NOT LIMITED TO ACCESS TO  EMERGENCY  MEDICAL
CARE, CAN BE ADEQUATELY MET.
  6.  NO CLOSURE SHALL BE APPROVED UNDER THIS SECTION UNLESS THE COMMIS-
SIONER COMPLIES WITH THE PROVISIONS OF THIS SECTION AND  THE  PROVISIONS
OF SECTION TWENTY-EIGHT HUNDRED ONE-G OF THIS ARTICLE.
  7. THE COMMISSIONER SHALL PROMULGATE ANY RULES NECESSARY TO EFFECTUATE
THE PROVISIONS OF THIS SECTION.
  S  3. Subdivisions 1 and 2 of section 2801-g of the public health law,
as added by chapter 541 of the laws of 2010,  are  amended  to  read  as
follows:
  1.  No  later than [thirty] FORTY-FIVE days after [the] AN APPLICATION
FOR closure of a general hospital, the commissioner shall hold a  public
community forum for the purpose of obtaining public input concerning the
anticipated impact of the general hospital's closure on access to health

S. 2500                             3

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 afford community
members, health care providers, labor unions, payers, businesses  [and],
consumers,  THE  COMMUNITY BOARD, THE CITY PLANNING COMMISSION, THE CITY
COUNCIL MEMBER REPRESENTING  THE  AREA  WITHIN  WHICH  THE  FACILITY  IS
LOCATED,  THE CONGRESSIONAL REPRESENTATIVE FOR THE DISTRICT IN WHICH THE
FACILITY IS LOCATED, THE PRESIDENT  OF  THE  BOROUGH  WITHIN  WHICH  THE
FACILITY  IS  LOCATED, AND THE STATE SENATOR AND ASSEMBLY MEMBER REPRES-
ENTING THE AREA WITHIN WHICH  THE  FACILITY  IS  LOCATED,  a  reasonable
opportunity to speak about relevant matters at such community forum. THE
COMMISSIONER  SHALL  ALSO  ACCEPT  COMMENTS SUBMITTED IN WRITING AT SUCH
PUBLIC FORUM AND BY MAIL WITHIN A REASONABLE  TIMEFRAME.  AT  LEAST  TEN
DAYS  PRIOR  TO  SUCH  COMMUNITY  FORUM,  THE COMMISSIONER SHALL RELEASE
PUBLICLY AND POST ON ITS WEBSITE A COMPLETE COPY OF  THE  COMMISSIONER'S
REPORT  RELATED  TO  THE  CLOSURE REQUIRED BY SUBDIVISION TWO OF SECTION
TWENTY-EIGHT HUNDRED ONE-I OF THIS ARTICLE.
  2. No later than [sixty] THIRTY days after holding a  community  forum
pursuant to subdivision one of this section, the commissioner shall make
available  to  the  public  on  the department's website [information] A
WRITTEN REPORT regarding:
  (a) the anticipated impact of the general hospital's closure on access
to health care services by members of the surrounding community, includ-
ing but not limited  to  recipients  of  medical  assistance  for  needy
persons, the uninsured, and underserved populations;
  (b)  specific  measures the department and other parties have taken or
will take to ameliorate such anticipated impact; [and]
  (c) any  further  recommendations  regarding  access  to  health  care
services in communities impacted by the general hospital's closure; AND
  (D)  INFORMATION  ABOUT  TRANSITIONAL MEDICAL SERVICES TO THE IMPACTED
COMMUNITIES, INCLUDING BUT NOT LIMITED TO ARRANGEMENTS FOR CONTINUITY OF
CARE.
  S 4. This act shall take effect immediately.

co-Sponsors

2015-S2500A (ACTIVE) - Details

See Assembly Version of this Bill:: A6417
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §2801-i, amd §2801-g, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S266, S7082, A1015
2019-2020: A2986
2021-2022: A2251
2023-2024: A1633

2015-S2500A (ACTIVE) - Summary

Relates to the closure of hospitals.

2015-S2500A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2500A

TITLE OF BILL:  An act to amend the public health law, in relation to
the closure of hospitals

PURPOSE OR GENERAL IDEA OF THE BILL:  To allow for greater community
impact when hospital closures are threatened.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 establishes the title as the "Local Input in Community
Healthcare (LICH) Act"

Section 2 adds a new Section 2801-i of the public health law to give
explicit authority for closure of hospitals to the Commissioner of the
New York State Department of Health. It also requires the Commissioner
to:

Issue a report within 30 days of an application for closure,
including:

* The anticipated impact of closure on the surrounding communities'
access to care, including the uninsured and underserved;

* What measures DOH and others have taken or plan to take to lessen
any negative impact;

* Any other recommendations regarding access to health care services
in the impacted communities;

* Why the State cannot assume financial responsibility for the
hospital or identify an alternate operator.

* Complete copies of the application for closure.  Upon any decision
to approve or reject an application for closure of a general hospital
in a city of one million or more, respond to community input by:

* Answering, in summary, comments received from community members and
local elected officials

* Explaining why significant alternatives were or were not
incorporated into a final closure plan.

* Identifying any changes to the plan resulting from community
concerns or suggestions.

* Releasing a complete copy of the proposed closure decision,
including plans for providing health services to the impacted
communities Only approve the application if needs of the community and
impacted stakeholders, including access to emergency medical care, can
be adequately met.

Section 2 also allows local elected officials and relevant agencies in
cities of one million or more to respond to an application for
closure.


Section 3 amends subdivisions 1 and 2 of section 2801-g of the public
health law, as added by chapter 541 of the laws of 2010, which
requires the commissioner of the New York State Department of Health
to:

Hold a community forum, giving community members and local elected
officials the chance to raise questions, voice concerns, and offer
alternatives, both in person and via written comment.

Post a copy of the report related to the proposed closure at least ten
days prior to such community forum.

Produce a written report regarding:

* The anticipated impact of closure on the surrounding communities'
access to care, including the uninsured and underserved;

* What measures DOH and others have taken or plan to take to lessen
any negative impact;

* Any other recommendations regarding access to health care services
in the impacted communities;

* Explain options for transitional medical services to impacted
communities, including arrangements for continuity of care.

Section 4 establishes the effective date.

JUSTIFICATION:  The proposed closure of Long Island College Hospital,
formerly operated by the State University of New York-Downstate, ended
up in court for nearly two years, during which a court said that the
current regulation governing hospital closures is "unconstitutionally
vague." The court proceeding made clear that there was no process for
determining the healthcare impact of the hospital's closure on Cobble
Hill and surrounding communities or Brooklyn. In addition, there was
no role for real community input or transparency. Throughout the
multi-year fight to save a full-service hospital in Cobble Hill, the
community's needs were repeatedly ignored.

Current law only requires a community forum to be held after a
hospital has already been closed and does not require the commissioner
of the State Department of Health to consider the health care needs of
the community, including emergency medical care or transitional care,
as part of the commissioner's decision to approve a hospital closure.

The LICH Act would allow the commissioner to only approve a hospital
closure application if the needs of the community and impacted
stakeholders, including access to emergency medical care, can be
adequately met. And, under the proposal, the commissioner would not be
allowed to close a hospital without a significant and thorough
community input process dictated by a statutorily imposed timeline.

PRIOR LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: Minimal Fiscal Impact

EFFECTIVE DATE:  Immediately.

2015-S2500A (ACTIVE) - Bill Text download pdf

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

                                 2500--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 26, 2015
                               ___________

Introduced  by  Sens.  SQUADRON,  HASSELL-THOMPSON, HOYLMAN, MONTGOMERY,
  PANEPINTO -- read twice and ordered printed, and when  printed  to  be
  committed  to  the Committee on Health -- reported favorably 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

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

  Section 1. This act shall be known and maybe cited as the "local input
in community healthcare act".
  S  2.  The public health law is amended by adding a new section 2801-i
to read as follows:
  S 2801-I. CLOSURE OF HOSPITALS. 1. NOTWITHSTANDING  ANY  PROVISION  OF
LAW  TO  THE CONTRARY, THE CLOSURE OF A GENERAL HOSPITAL OR SURRENDER OF
AN OPERATING CERTIFICATE PURSUANT TO THIS ARTICLE SHALL  BE  SUBJECT  TO
REVIEW AND APPROVAL BY THE COMMISSIONER.
  2.  (A)  NO LATER THAN THIRTY DAYS AFTER RECEIPT OF AN APPLICATION FOR
CLOSURE OF A GENERAL HOSPITAL IN A CITY WITH A POPULATION OF ONE MILLION
OR MORE, THE COMMISSIONER SHALL SUBMIT A WRITTEN REPORT TO THE COMMUNITY
BOARD, THE CITY PLANNING COMMISSION, THE CITY COUNCIL MEMBER  REPRESENT-
ING  THE AREA WITHIN WHICH THE FACILITY IS LOCATED, THE PRESIDENT OF THE
BOROUGH WITHIN WHICH THE FACILITY IS LOCATED, THE  CONGRESSIONAL  REPRE-
SENTATIVE  FOR  THE  DISTRICT  IN WHICH THE FACILITY IS LOCATED, AND THE
STATE SENATOR AND THE ASSEMBLY MEMBER REPRESENTING THE AREA WITHIN WHICH
THE FACILITY IS LOCATED, OR THE CITY DEPARTMENT OF HEALTH. SUCH  WRITTEN
REPORT SHALL INCLUDE:
  (1) THE ANTICIPATED IMPACT OF THE GENERAL HOSPITAL'S CLOSURE ON ACCESS
TO  HEALTH  CARE  SERVICES  BY  MEMBERS  OF THE SURROUNDING COMMUNITIES,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08301-04-5

S. 2500--A                          2

INCLUDING BUT NOT LIMITED TO RECIPIENTS OF MEDICAL ASSISTANCE FOR  NEEDY
PERSONS, THE UNINSURED, AND UNDERSERVED POPULATIONS;
  (2)  SPECIFIC  MEASURES THE DEPARTMENT AND OTHER PARTIES HAVE TAKEN OR
WOULD TAKE TO AMELIORATE SUCH ANTICIPATED IMPACT ON THE COMMUNITIES;
  (3) ANY  FURTHER  RECOMMENDATIONS  REGARDING  ACCESS  TO  HEALTH  CARE
SERVICES IN COMMUNITIES IMPACTED BY THE CLOSURE;
  (4)  AN  ASSESSMENT  OF  THE  ABILITY OF THE STATE TO ASSUME FINANCIAL
RESPONSIBILITY OR IDENTIFY AN ALTERNATE OPERATOR; AND
  (5) COMPLETE COPIES OF THE APPLICATION OR REQUEST FOR CLOSURE.
  (B) THE COMMISSIONER SHALL ALSO MAKE A FULL COPY OF SUCH REPORT AVAIL-
ABLE TO THE PUBLIC ON THE DEPARTMENT'S WEBSITE.
  3. SUCH COMMUNITY BOARD, CITY COUNCIL MEMBER, STATE SENATOR,  ASSEMBLY
MEMBER,  CONGRESSIONAL REPRESENTATIVE, AND BOROUGH PRESIDENT, CITY PLAN-
NING COMMISSION, OR CITY HEALTH DEPARTMENT MAY REVIEW AND MAKE RECOMMEN-
DATIONS BASED UPON SUCH WRITTEN REPORT BY THE COMMISSIONER WITHIN THIRTY
DAYS OF RECEIPT THEREOF. ANY RECOMMENDATION  BY  SUCH  COMMUNITY  BOARD,
CITY  COUNCIL  MEMBER,  STATE  SENATOR,  ASSEMBLY  MEMBER, CONGRESSIONAL
REPRESENTATIVE, BOROUGH PRESIDENT, OR CITY PLANNING COMMISSION, OR  CITY
HEALTH DEPARTMENT OF SUCH CITY SHALL BE SUBMITTED TO THE COMMISSIONER.
  4.  UPON  ANY  DECISION  BY  THE  COMMISSIONER TO APPROVE OR REJECT AN
APPLICATION FOR CLOSURE OF A GENERAL HOSPITAL IN A  CITY  WITH  A  POPU-
LATION  OF ONE MILLION OR MORE, THE COMMISSIONER SHALL MAKE AVAILABLE TO
THE PUBLIC ON THE DEPARTMENT'S WEBSITE A WRITTEN REPORT INCLUDING:
  (A) A SUMMARY OF THE ISSUES RAISED  PURSUANT  TO  SUBDIVISION  ONE  OF
SECTION  TWENTY-EIGHT HUNDRED ONE-G OF THIS ARTICLE AND A SUMMARY OF ANY
RECOMMENDATIONS SUBMITTED BY THE COMMUNITY BOARD, CITY  COUNCIL  MEMBER,
STATE  SENATOR,  ASSEMBLY  MEMBER, CONGRESSIONAL REPRESENTATIVE, BOROUGH
PRESIDENT, CITY PLANNING COMMISSION, OR CITY HEALTH DEPARTMENT  PURSUANT
TO SUBDIVISION THREE OF THIS SECTION;
  (B)  A STATEMENT OF THE REASONS WHY ANY SIGNIFICANT ALTERNATIVE RECOM-
MENDATIONS MADE PURSUANT TO  SUBDIVISION  ONE  OF  SECTION  TWENTY-EIGHT
HUNDRED ONE-G OF THIS ARTICLE AND SUBDIVISION THREE OF THIS SECTION WERE
OR WERE NOT INCORPORATED INTO THE FINAL PLAN;
  (C) A DESCRIPTION OF ANY CHANGES MADE TO THE PROPOSED PLAN AS A RESULT
OF THE ISSUES RAISED PURSUANT TO SUBDIVISION ONE OF SECTION TWENTY-EIGHT
HUNDRED  ONE-G  OF THIS ARTICLE AND THE RECOMMENDATIONS SUBMITTED BY THE
COMMUNITY BOARD, CITY COUNCIL MEMBER, STATE  SENATOR,  ASSEMBLY  MEMBER,
CONGRESSIONAL  REPRESENTATIVE,  BOROUGH PRESIDENT, CITY PLANNING COMMIS-
SION, CITY HEALTH DEPARTMENT OR MEMBER OF THE PUBLIC PURSUANT TO  SUBDI-
VISION THREE OF THIS SECTION; AND
  (D)  A  COMPLETE  COPY  OF  THE  PROPOSED DECISION OF THE COMMISSIONER
REGARDING THE CLOSURE OF THE HOSPITAL,  INCLUDING  ALL  PROPOSED  TERMS,
CONDITIONS  AND  PLANS  FOR  PROVIDING  HEALTH  SERVICES TO THE AFFECTED
COMMUNITIES AND POPULATIONS.
  5. THE COMMISSIONER MAY ONLY APPROVE THE  APPLICATION  IF  HE  OR  SHE
REASONABLY  DETERMINES  THAT  THE  NEEDS  OF  THE COMMUNITY AND IMPACTED
STAKEHOLDERS, INCLUDING BUT NOT LIMITED TO ACCESS TO  EMERGENCY  MEDICAL
CARE, CAN BE ADEQUATELY MET.
  6.  NO CLOSURE SHALL BE APPROVED UNDER THIS SECTION UNLESS THE COMMIS-
SIONER COMPLIES WITH THE PROVISIONS OF THIS SECTION AND  THE  PROVISIONS
OF SECTION TWENTY-EIGHT HUNDRED ONE-G OF THIS ARTICLE.
  7. THE COMMISSIONER SHALL PROMULGATE ANY RULES NECESSARY TO EFFECTUATE
THE PROVISIONS OF THIS SECTION.
  S  3. Subdivisions 1 and 2 of section 2801-g of the public health law,
as added by chapter 541 of the laws of 2010,  are  amended  to  read  as
follows:

S. 2500--A                          3

  1.  No  later than [thirty] FORTY-FIVE days after [the] AN APPLICATION
FOR closure of a general hospital, the commissioner shall hold a  public
community forum for the purpose of obtaining public input 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 afford community
members, health care providers, labor unions, payers, businesses  [and],
consumers,  THE  COMMUNITY BOARD, THE CITY PLANNING COMMISSION, THE CITY
COUNCIL MEMBER REPRESENTING  THE  AREA  WITHIN  WHICH  THE  FACILITY  IS
LOCATED,  THE CONGRESSIONAL REPRESENTATIVE FOR THE DISTRICT IN WHICH THE
FACILITY IS LOCATED, THE PRESIDENT  OF  THE  BOROUGH  WITHIN  WHICH  THE
FACILITY  IS  LOCATED, AND THE STATE SENATOR AND ASSEMBLY MEMBER REPRES-
ENTING THE AREA WITHIN WHICH  THE  FACILITY  IS  LOCATED,  a  reasonable
opportunity to speak about relevant matters at such community forum. THE
COMMISSIONER  SHALL  ALSO  ACCEPT  COMMENTS SUBMITTED IN WRITING AT SUCH
PUBLIC FORUM AND BY MAIL WITHIN A REASONABLE  TIMEFRAME.  AT  LEAST  TEN
DAYS  PRIOR  TO  SUCH  COMMUNITY  FORUM,  THE COMMISSIONER SHALL RELEASE
PUBLICLY AND POST ON ITS WEBSITE A COMPLETE COPY OF  THE  COMMISSIONER'S
REPORT  RELATED  TO  THE  CLOSURE REQUIRED BY SUBDIVISION TWO OF SECTION
TWENTY-EIGHT HUNDRED ONE-I OF THIS ARTICLE.
  2. No later than [sixty] THIRTY days after holding a  community  forum
pursuant to subdivision one of this section, the commissioner shall make
available  to  the  public  on  the department's website [information] A
WRITTEN REPORT regarding:
  (a) the anticipated impact of the general hospital's closure on access
to health care services by members of the surrounding community, includ-
ing but not limited  to  recipients  of  medical  assistance  for  needy
persons, the uninsured, and underserved populations;
  (b)  specific  measures the department and other parties have taken or
will take to ameliorate such anticipated impact; [and]
  (c) any  further  recommendations  regarding  access  to  health  care
services in communities impacted by the general hospital's closure; AND
  (D)  INFORMATION  ABOUT  TRANSITIONAL MEDICAL SERVICES TO THE IMPACTED
COMMUNITIES, INCLUDING BUT NOT LIMITED TO ARRANGEMENTS FOR CONTINUITY OF
CARE.
  S 4. This act shall take effect immediately.

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Senate Bill S2500A

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Apr 22, 2015 - Health Committee Vote

Health Committee Vote: Apr 22, 2015

Bill Amendments

co-Sponsors

2015-S2500 - Details

2015-S2500 - Summary

2015-S2500 - Sponsor Memo

2015-S2500 - Bill Text download pdf

co-Sponsors

2015-S2500A (ACTIVE) - Details

2015-S2500A (ACTIVE) - Summary

2015-S2500A (ACTIVE) - Sponsor Memo

2015-S2500A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2500A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Bill Amendments

co-Sponsors

2015-S2500 - Details

2015-S2500 - Summary

2015-S2500 - Sponsor Memo

2015-S2500 - Bill Text download pdf

co-Sponsors

2015-S2500A (ACTIVE) - Details

2015-S2500A (ACTIVE) - Summary

2015-S2500A (ACTIVE) - Sponsor Memo

2015-S2500A (ACTIVE) - Bill Text download pdf

Comments