NY State Senate Bill 2017-S7082

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to health

2017-S7082 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §2801-i, amd §2801-g, Pub Health L
Versions Introduced in 2015-2016 Legislative Session:: S2500

2017-S7082 (ACTIVE) - Summary

Relates to the closure of hospitals.

2017-S7082 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7082

SPONSOR: KAVANAGH
 
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 input when hospital closures are threat-
ened.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 establishes the title as the "Local Input in Community Health-
care (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 stake-
holders, 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 offi-
cials the chance to raise questions, voice concerns, and offer alterna-
tives, 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 communi-
ties, 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 surround-
ing 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 stake-
holders, 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:

2016: S2500A/A6417A - REPORTED FROM HEALTH AND COMMITTED TO FINANCE/
passed assembly
2015: S2500A/A6417A - REFERRED TO FINANCE/ passed assembly
 
FISCAL IMPLICATIONS:

Minimal Fiscal Impact

 
EFFECTIVE DATE:
Immediately.

2017-S7082 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7082
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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 may  be  cited  as  the  "local
 input in community healthcare act".
   §  2.  The public health law is amended by adding a new section 2801-i
 to read as follows:
   § 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,
 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00446-03-7

 S. 7082                             2
 
   (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
 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-

 S. 7082                             3
 
 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.
   § 4. This act shall take effect immediately.

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Senate Bill S7082

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

2017-S7082 (ACTIVE) - Details

2017-S7082 (ACTIVE) - Summary

2017-S7082 (ACTIVE) - Sponsor Memo

2017-S7082 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7082

Share this bill

Sponsored By

Brian Kavanagh

Archive: Last Bill Status - In Senate Committee Health Committee

2017-S7082 (ACTIVE) - Details

2017-S7082 (ACTIVE) - Summary

2017-S7082 (ACTIVE) - Sponsor Memo

2017-S7082 (ACTIVE) - Bill Text download pdf

Comments