S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1015
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2017
                                ___________
 
 Introduced  by  M.  of  A.  SIMON, ARROYO, BARRON, COOK, COLTON, MOSLEY,
   SKOUFIS, STECK, WALKER, DAVILA, SEAWRIGHT, ABINANTI, HOOPER, ORTIZ  --
   Multi-Sponsored  by -- M. of A. BLAKE -- read once and referred 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 may  be  cited  as  the  "local
 input in community healthcare act".
   §  2.  The public health law is amended by adding a new section 2801-h
 to read as follows:
   § 2801-H. 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,
 INCLUDING BUT NOT LIMITED TO RECIPIENTS OF MEDICAL ASSISTANCE FOR  NEEDY
 PERSONS, THE UNINSURED, AND UNDERSERVED POPULATIONS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00446-02-7
              

 A. 1015                             2
 
   (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.
   § 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

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 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-H 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.
   § 4. This act shall take effect immediately.