NY State Senate Bill 2019-S9035A

Senate Bill S9035A

2019-2020 Legislative Session

Relates to requiring a health equity assessment to be filed with an application for construction or change to a hospital or health related service

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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
Nov 20, 2020	print number 9035a
Nov 20, 2020	amend and recommit to rules
Oct 07, 2020	referred to rules

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S9035 - Details

See Assembly Version of this Bill:: A11072
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Add §2802-b, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S1451, A191

2019-S9035 - Summary

Requires a health equity assessment to be filed with an application for construction, or substantial reduction of, a hospital or health related service; includes a demonstration of whether and how a project will improve or affect access to hospital services and health care with particular reference to members of medically underserved groups in the applicant's service area.

2019-S9035 - Sponsor Memo

                                
 
BILL NUMBER: S9035

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to health equity
assessments in the establishment or construction of a hospital

 
PURPOSE OR GENERAL IDEA OF BILL:

The Certificate of Need (CoN) process requires providers apply to the
department of health, the commissioner, or the public health and health
planning council for project approval. There is very little statutory
criteria for these entities to consider when reviewing applications.
This bill adds consideration of a project's impact on medically under-
served groups to the documentation required for the applicant to submit
and the reviewer to consider when reviewing the application.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 - Adds a new Public Health Law section 2802-b including:

(Subdivision 1) - Definitions, including "medically underserved group,"
"health equity impact assessment" (HEIA), and "project" (construction,
establishment, change in the establishment, merger, acquisition,
closure, or substantial reduction of a hospital service or health-relat-
ed service of a hospital).

(Subdivision 2) - Requirement that any project application include an
HEIA; requirement that the reviewer consider the HEIA when considering
whether and on what terms to approve the application.  This applies to
full CoN review as well as other project approval processes short of
full CoN review.

(Subdivision 3) - Scope and contents to be included in an HEIA.

(Subdivision 4) - Requirement that the HEIA be prepared by an independ-
ent entity, including meaningful engagement of stakeholders.

(Subdivision 5) - Requirement that the department publicly post the
application and the HEIA on the department's website within one week of
filing.

Section 2 - Effective date.

 
JUSTIFICATION:

The certificate of need (CoN) process requires hospitals get State
approval for the construction, establishment, change in the establish-
ment, merger, acquisition, closure, or substantial reduction, expansion,
or addition of a hospital service or health-related service of a hospi-
tal. (In this case "hospital" also includes nursing homes and other
providers spelled out in PHL 2801.)  However, there is very little stat-
utory criteria for reviewers to consider. Statutory criteria in PHL 2802
includes availability of alternatives; economic considerations such as
the applicant's financial resources; and compliance with applicable
rules and regulations.


Advocates have long raised concerns that nothing in the law specifically
addresses the impact of projects on medically underserved communities.
Disparities in access to care result in unequal health outcomes. The
distribution of health care providers and to whom they provide what
services contributes to these inequalities. While closure or reductions
of facilities or services obviously impact access to care, new
construction or modification and changes in ownership or control may
also do so by drawing revenue to or away from certain providers, or
further concentrating services in already well-served communities.

The CoN process reviews material changes to our health care system
involving general hospitals, community health centers, nursing homes,
and other entities. In order to address health inequalities in a mean-
ingful way, the CoN process must account for the needs of underserved
communities such as people with disabilities, communities of color, LGBT
and other noncisgender people, and low-income people.

This bill does so by requiring that CoN applicants document how their
projects will affect these communities and that reviewers consider these
impacts in approval, rejection, or modification of CoN applications.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately.

2019-S9035 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9035
 
                             I N  S E N A T E
 
                              October 7, 2020
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public health law,  in  relation  to  health  equity
   assessments in the establishment or construction of a hospital
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The public health law is amended by adding  a  new  section
 2802-b to read as follows:
   § 2802-B. HEALTH EQUITY IMPACT ASSESSMENTS. 1. DEFINITIONS. AS USED IN
 THIS SECTION:
   (A)  "APPLICATION"  MEANS  AN  APPLICATION  UNDER THIS ARTICLE FOR THE
 CONSTRUCTION, ESTABLISHMENT, CHANGE IN THE ESTABLISHMENT, MERGER, ACQUI-
 SITION, CLOSURE, OR SUBSTANTIAL REDUCTION, EXPANSION, OR ADDITION  OF  A
 HOSPITAL  SERVICE  OR HEALTH-RELATED SERVICE OF A HOSPITAL THAT REQUIRES
 REVIEW OR APPROVAL BY THE COUNCIL OR THE COMMISSIONER, WHERE THE  APPLI-
 CATION  IS  FILED  OR  SUBMITTED TO THE COUNCIL, THE COMMISSIONER OR THE
 DEPARTMENT AFTER THIS SECTION TAKES EFFECT.
   (B) "PROJECT" MEANS THE CONSTRUCTION,  ESTABLISHMENT,  CHANGE  IN  THE
 ESTABLISHMENT, MERGER, ACQUISITION, CLOSURE, OR SUBSTANTIAL REDUCTION OF
 A  HOSPITAL  SERVICE OR HEALTH-RELATED SERVICE OF A HOSPITAL THAT IS THE
 SUBJECT OF AN APPLICATION.
   (C) "HEALTH EQUITY IMPACT ASSESSMENT" OR "IMPACT ASSESSMENT" MEANS  AN
 ASSESSMENT  OF  WHETHER, AND IF SO HOW, A PROJECT WILL IMPROVE ACCESS TO
 HOSPITAL SERVICES AND HEALTH CARE, HEALTH EQUITY AND REDUCTION OF HEALTH
 DISPARITIES, WITH PARTICULAR REFERENCE TO MEMBERS  OF  MEDICALLY  UNDER-
 SERVED GROUPS, IN THE APPLICANT'S SERVICE AREA.
   (D) "MEDICALLY UNDERSERVED GROUP" MEANS: LOW-INCOME PEOPLE; RACIAL AND
 ETHNIC  MINORITIES; IMMIGRANTS; WOMEN; LESBIAN, GAY, BISEXUAL, TRANSGEN-
 DER, OR OTHER-THAN-CISGENDER PEOPLE;  PEOPLE  WITH  DISABILITIES;  OLDER
 ADULTS; PERSONS LIVING WITH A PREVALENT INFECTIOUS DISEASE OR CONDITION;
 PEOPLE  WHO  ARE  ELIGIBLE FOR OR RECEIVE PUBLIC HEALTH BENEFITS; PEOPLE
 WHO DO NOT HAVE THIRD-PARTY HEALTH COVERAGE OR  HAVE  INADEQUATE  THIRD-
 PARTY  HEALTH COVERAGE; AND OTHER PEOPLE WHO ARE UNABLE TO OBTAIN HEALTH
 CARE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD17431-01-0

 S. 9035                             2
 
   2. (A) EVERY APPLICATION SHALL INCLUDE A HEALTH EQUITY IMPACT  ASSESS-
 MENT  OF THE PROJECT. THE IMPACT ASSESSMENT SHALL BE FILED TOGETHER WITH
 THE APPLICATION, AND THE APPLICATION SHALL NOT BE COMPLETE  WITHOUT  THE
 IMPACT  STATEMENT.  THE  APPLICANT  SHALL  PROMPTLY  AMEND OR MODIFY THE
 IMPACT STATEMENT AS NECESSARY.
   (B)  IN  CONSIDERING  WHETHER AND ON WHAT TERMS TO APPROVE AN APPLICA-
 TION, THE COMMISSIONER AND THE  COUNCIL,  AS  THE  CASE  MAY  BE,  SHALL
 CONSIDER THE HEALTH EQUITY IMPACT STATEMENT.
   3.  SCOPE  AND CONTENTS OF A HEALTH EQUITY IMPACT ASSESSMENT. A HEALTH
 EQUITY IMPACT ASSESSMENT SHALL INCLUDE:
   (A) A DEMONSTRATION OF WHETHER, AND IF SO HOW,  THE  PROPOSED  PROJECT
 WILL  IMPROVE ACCESS TO HOSPITAL SERVICES AND HEALTH CARE, HEALTH EQUITY
 AND REDUCTION  OF  HEALTH  DISPARITIES,  WITH  PARTICULAR  REFERENCE  TO
 MEMBERS  OF  MEDICALLY  UNDERSERVED  GROUPS,  IN THE APPLICANT'S SERVICE
 AREA.
   (B) THE EXTENT TO WHICH MEDICALLY UNDERSERVED  GROUPS  IN  THE  APPLI-
 CANT'S  SERVICE  AREA  USE  THE  APPLICANT'S  HOSPITAL OR HEALTH-RELATED
 SERVICES OR SIMILAR SERVICES AT THE TIME  OF  THE  APPLICATION  AND  THE
 EXTENT TO WHICH THEY ARE EXPECTED TO IF THE PROJECT IS IMPLEMENTED.
   (C)  THE  PERFORMANCE  OF THE APPLICANT IN MEETING ITS OBLIGATIONS, IF
 ANY, UNDER SECTION TWENTY-EIGHT HUNDRED  SEVEN-K  OF  THIS  ARTICLE  AND
 FEDERAL  REGULATIONS  REQUIRING  PROVIDING UNCOMPENSATED CARE, COMMUNITY
 SERVICES, AND ACCESS BY  MINORITIES  AND  PEOPLE  WITH  DISABILITIES  TO
 PROGRAMS RECEIVING FEDERAL FINANCIAL ASSISTANCE, INCLUDING THE EXISTENCE
 OF ANY CIVIL RIGHTS ACCESS COMPLAINTS AGAINST THE APPLICANT, AND HOW THE
 APPLICANT'S MEETING OF THESE OBLIGATIONS WILL BE AFFECTED BY IMPLEMENTA-
 TION OF THE PROJECT.
   (D)  HOW  AND  TO  WHAT EXTENT THE APPLICANT WILL PROVIDE HOSPITAL AND
 HEALTH-RELATED SERVICES TO THE MEDICALLY INDIGENT, MEDICARE  RECIPIENTS,
 MEDICAID  RECIPIENTS  AND MEMBERS OF MEDICALLY UNDERSERVED GROUPS IF THE
 PROJECT IS IMPLEMENTED.
   (E) THE AMOUNT OF INDIGENT CARE, BOTH FREE AND BELOW COST,  THAT  WILL
 BE PROVIDED BY THE APPLICANT IF THE PROJECT IS APPROVED.
   (F)  ACCESS  BY PUBLIC OR PRIVATE TRANSPORTATION, INCLUDING APPLICANT-
 SPONSORED  TRANSPORTATION  SERVICES,  TO  THE  APPLICANT'S  HOSPITAL  OR
 HEALTH-RELATED SERVICES IF THE PROJECT IS IMPLEMENTED.
   (G)  THE  MEANS OF ASSURING EFFECTIVE COMMUNICATION BETWEEN THE APPLI-
 CANT'S HOSPITAL AND HEALTH-RELATED SERVICE STAFF AND PEOPLE  OF  LIMITED
 ENGLISH-SPEAKING  ABILITY  AND  THOSE  WITH  SPEECH,  HEARING  OR VISUAL
 IMPAIRMENTS HANDICAPS IF THE PROJECT IS IMPLEMENTED.
   (H) THE EXTENT TO WHICH IMPLEMENTATION  OF  THE  PROJECT  WILL  REDUCE
 ARCHITECTURAL BARRIERS FOR PEOPLE WITH MOBILITY IMPAIRMENTS.
   (I) A REVIEW OF HOW THE APPLICANT WILL MAINTAIN OR IMPROVE THE QUALITY
 OF HOSPITAL AND HEALTH-RELATED SERVICES INCLUDING A REVIEW OF:
   (I) DEMOGRAPHICS OF THE APPLICANT'S SERVICE AREA;
   (II)  ECONOMIC  STATUS  OF  THE  POPULATION OF THE APPLICANT'S SERVICE
 AREA;
   (III) PHYSICIAN  AND  PROFESSIONAL  STAFFING  ISSUES  RELATED  TO  THE
 PROJECT;
   (IV) AVAILABILITY OF SIMILAR SERVICES AT OTHER INSTITUTIONS IN OR NEAR
 THE APPLICANT'S SERVICE AREA; AND
   (V) HISTORICAL AND PROJECTED MARKET SHARES OF HOSPITAL AND HEALTH CARE
 SERVICE PROVIDERS IN THE APPLICANT'S SERVICE AREA.
   4.  THE  HEALTH  EQUITY  IMPACT  ASSESSMENT  SHALL BE PREPARED FOR THE
 APPLICANT BY AN INDEPENDENT ENTITY AND INCLUDE THE MEANINGFUL ENGAGEMENT
 OF PUBLIC HEALTH EXPERTS, ORGANIZATIONS REPRESENTING  EMPLOYEES  OF  THE

 S. 9035                             3
 
 APPLICANT,  STAKEHOLDERS,  AND  COMMUNITY  LEADERS  AND RESIDENTS OF THE
 APPLICANT'S SERVICE AREA.
   5.  THE  DEPARTMENT SHALL PUBLICLY POST THE APPLICATION AND THE HEALTH
 EQUITY IMPACT ASSESSMENT ON THE DEPARTMENT'S WEBSITE WITHIN ONE WEEK  OF
 THE FILING WITH THE DEPARTMENT, INCLUDING ANY FILING WITH THE COUNCIL.
   § 2. This act shall take effect on the one hundred eightieth day after
 it becomes a law.  Effective immediately, the commissioner of health and
 the public health and health planning council shall make regulations and
 take  other  actions  reasonably necessary to implement this act on that
 date.

co-Sponsors

2019-S9035A (ACTIVE) - Details

See Assembly Version of this Bill:: A11072
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Add §2802-b, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S1451, A191

2019-S9035A (ACTIVE) - Summary

2019-S9035A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9035A

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to health equity
assessments in the establishment or construction of a hospital

 
PURPOSE OR GENERAL IDEA OF BILL:

The Certificate of Need (CoN) process requires providers apply to the
department of health, the commissioner, or the public health and health
planning council for project approval. There is very little statutory
criteria for these entities to consider when reviewing applications.
This bill adds consideration of a project's impact on medically under-
served groups to the documentation required for the applicant to submit
and the reviewer to consider when reviewing the application.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 - Adds a new Public Health Law section 2802-b including:

(Subdivision 1) - Definitions, including "medically underserved group,"
"health equity impact assessment" (HEIA), and "project" (construction,
establishment, change in the establishment, merger, acquisition,
closure, or substantial reduction of a hospital service or health-relat-
ed service of a hospital).

(Subdivision 2) - Requirement that any project application include an
HEIA; requirement that the reviewer consider the HEIA when considering
whether and on what terms to approve the application.  This applies to
full CoN review as well as other project approval processes short of
full CoN review.

(Subdivision 3) - Scope and contents to be included in an HEIA.

(Subdivision 4) - Requirement that the HEIA be prepared by an independ-
ent entity, including meaningful engagement of stakeholders.

(Subdivision 5) - Requirement that the department publicly post the
application and the HEIA on the department's website within one week of
filing.

Section 2 - Effective date.

 
JUSTIFICATION:

The certificate of need (CoN) process requires hospitals get State
approval for the construction, establishment, change in the establish-
ment, merger, acquisition, closure, or substantial reduction, expansion,
or addition of a hospital service or health-related service of a hospi-
tal. (In this case "hospital" also includes nursing homes and other
providers spelled out in PHL 2801.)  However, there is very little stat-
utory criteria for reviewers to consider. Statutory criteria in PHL 2802
includes availability of alternatives; economic considerations such as
the applicant's financial resources; and compliance with applicable
rules and regulations.


Advocates have long raised concerns that nothing in the law specifically
addresses the impact of projects on medically underserved communities.
Disparities in access to care result in unequal health outcomes. The
distribution of health care providers and to whom they provide what
services contributes to these inequalities. While closure or reductions
of facilities or services obviously impact access to care, new
construction or modification and changes in ownership or control may
also do so by drawing revenue to or away from certain providers, or
further concentrating services in already well-served communities.

The CoN process reviews material changes to our health care system
involving general hospitals, community health centers, nursing homes,
and other entities. In order to address health inequalities in a mean-
ingful way, the CoN process must account for the needs of underserved
communities such as people with disabilities, communities of color, LGBT
and other noncisgender people, and low-income people.

This bill does so by requiring that CoN applicants document how their
projects will affect these communities and that reviewers consider these
impacts in approval, rejection, or modification of CoN applications.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately.

2019-S9035A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9035--A
 
                             I N  S E N A T E
 
                              October 7, 2020
                                ___________
 
 Introduced  by  Sens. RIVERA, KRUEGER -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the public health law,  in  relation  to  health  equity
   assessments in the establishment or construction of a hospital

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 2802-b to read as follows:
   § 2802-B. HEALTH EQUITY IMPACT ASSESSMENTS. 1. DEFINITIONS. AS USED IN
 THIS SECTION:
   (A)  "APPLICATION"  MEANS  AN  APPLICATION  UNDER THIS ARTICLE FOR THE
 CONSTRUCTION, ESTABLISHMENT, CHANGE IN THE ESTABLISHMENT, MERGER, ACQUI-
 SITION, CLOSURE, OR SUBSTANTIAL REDUCTION, EXPANSION, OR ADDITION  OF  A
 HOSPITAL  SERVICE  OR HEALTH-RELATED SERVICE OF A HOSPITAL THAT REQUIRES
 REVIEW OR APPROVAL BY THE COUNCIL OR THE COMMISSIONER, WHERE THE  APPLI-
 CATION  IS  FILED  OR  SUBMITTED TO THE COUNCIL, THE COMMISSIONER OR THE
 DEPARTMENT AFTER THIS SECTION TAKES EFFECT.
   (B) "PROJECT" MEANS THE CONSTRUCTION,  ESTABLISHMENT,  CHANGE  IN  THE
 ESTABLISHMENT, MERGER, ACQUISITION, CLOSURE, OR SUBSTANTIAL REDUCTION OF
 A  HOSPITAL  SERVICE OR HEALTH-RELATED SERVICE OF A HOSPITAL THAT IS THE
 SUBJECT OF AN APPLICATION.
   (C) "HEALTH EQUITY IMPACT ASSESSMENT" OR "IMPACT ASSESSMENT" MEANS  AN
 ASSESSMENT  OF  WHETHER, AND IF SO HOW, A PROJECT WILL IMPROVE ACCESS TO
 HOSPITAL SERVICES AND HEALTH CARE, HEALTH EQUITY AND REDUCTION OF HEALTH
 DISPARITIES, WITH PARTICULAR REFERENCE TO MEMBERS  OF  MEDICALLY  UNDER-
 SERVED GROUPS, IN THE APPLICANT'S SERVICE AREA.
   (D) "MEDICALLY UNDERSERVED GROUP" MEANS: LOW-INCOME PEOPLE; RACIAL AND
 ETHNIC  MINORITIES; IMMIGRANTS; WOMEN; LESBIAN, GAY, BISEXUAL, TRANSGEN-
 DER, OR OTHER-THAN-CISGENDER PEOPLE;  PEOPLE  WITH  DISABILITIES;  OLDER
 ADULTS; PERSONS LIVING WITH A PREVALENT INFECTIOUS DISEASE OR CONDITION;
 PERSONS  LIVING  IN  RURAL AREAS; PEOPLE WHO ARE ELIGIBLE FOR OR RECEIVE
 PUBLIC HEALTH BENEFITS; PEOPLE WHO DO NOT HAVE THIRD-PARTY HEALTH COVER-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD17431-03-0

 S. 9035--A                          2
 
 AGE OR HAVE INADEQUATE THIRD-PARTY HEALTH COVERAGE; AND OTHER PEOPLE WHO
 ARE UNABLE TO OBTAIN HEALTH CARE.
   2.  (A) EVERY APPLICATION SHALL INCLUDE A HEALTH EQUITY IMPACT ASSESS-
 MENT OF THE PROJECT. THE IMPACT ASSESSMENT SHALL BE FILED TOGETHER  WITH
 THE  APPLICATION,  AND THE APPLICATION SHALL NOT BE COMPLETE WITHOUT THE
 IMPACT STATEMENT. THE APPLICANT  SHALL  PROMPTLY  AMEND  OR  MODIFY  THE
 IMPACT STATEMENT AS NECESSARY.
   (B)  IN  CONSIDERING  WHETHER AND ON WHAT TERMS TO APPROVE AN APPLICA-
 TION, THE COMMISSIONER AND THE  COUNCIL,  AS  THE  CASE  MAY  BE,  SHALL
 CONSIDER THE HEALTH EQUITY IMPACT STATEMENT.
   3.  SCOPE  AND CONTENTS OF A HEALTH EQUITY IMPACT ASSESSMENT. A HEALTH
 EQUITY IMPACT ASSESSMENT SHALL INCLUDE:
   (A) A DEMONSTRATION OF WHETHER, AND IF SO HOW,  THE  PROPOSED  PROJECT
 WILL  IMPROVE ACCESS TO HOSPITAL SERVICES AND HEALTH CARE, HEALTH EQUITY
 AND REDUCTION  OF  HEALTH  DISPARITIES,  WITH  PARTICULAR  REFERENCE  TO
 MEMBERS  OF  MEDICALLY  UNDERSERVED  GROUPS,  IN THE APPLICANT'S SERVICE
 AREA.
   (B) THE EXTENT TO WHICH MEDICALLY UNDERSERVED  GROUPS  IN  THE  APPLI-
 CANT'S  SERVICE  AREA  USE  THE  APPLICANT'S  HOSPITAL OR HEALTH-RELATED
 SERVICES OR SIMILAR SERVICES AT THE TIME  OF  THE  APPLICATION  AND  THE
 EXTENT TO WHICH THEY ARE EXPECTED TO IF THE PROJECT IS IMPLEMENTED.
   (C)  THE  PERFORMANCE  OF THE APPLICANT IN MEETING ITS OBLIGATIONS, IF
 ANY, UNDER SECTION TWENTY-EIGHT HUNDRED  SEVEN-K  OF  THIS  ARTICLE  AND
 FEDERAL  REGULATIONS  REQUIRING  PROVIDING UNCOMPENSATED CARE, COMMUNITY
 SERVICES, AND ACCESS BY  MINORITIES  AND  PEOPLE  WITH  DISABILITIES  TO
 PROGRAMS RECEIVING FEDERAL FINANCIAL ASSISTANCE, INCLUDING THE EXISTENCE
 OF ANY CIVIL RIGHTS ACCESS COMPLAINTS AGAINST THE APPLICANT, AND HOW THE
 APPLICANT'S MEETING OF THESE OBLIGATIONS WILL BE AFFECTED BY IMPLEMENTA-
 TION OF THE PROJECT.
   (D)  HOW  AND  TO  WHAT EXTENT THE APPLICANT WILL PROVIDE HOSPITAL AND
 HEALTH-RELATED SERVICES TO THE MEDICALLY INDIGENT, MEDICARE  RECIPIENTS,
 MEDICAID  RECIPIENTS  AND MEMBERS OF MEDICALLY UNDERSERVED GROUPS IF THE
 PROJECT IS IMPLEMENTED.
   (E) THE AMOUNT OF INDIGENT CARE, BOTH FREE AND BELOW COST,  THAT  WILL
 BE PROVIDED BY THE APPLICANT IF THE PROJECT IS APPROVED.
   (F)  ACCESS  BY PUBLIC OR PRIVATE TRANSPORTATION, INCLUDING APPLICANT-
 SPONSORED  TRANSPORTATION  SERVICES,  TO  THE  APPLICANT'S  HOSPITAL  OR
 HEALTH-RELATED SERVICES IF THE PROJECT IS IMPLEMENTED.
   (G)  THE  MEANS OF ASSURING EFFECTIVE COMMUNICATION BETWEEN THE APPLI-
 CANT'S HOSPITAL AND HEALTH-RELATED SERVICE STAFF AND PEOPLE  OF  LIMITED
 ENGLISH-SPEAKING  ABILITY  AND  THOSE  WITH  SPEECH,  HEARING  OR VISUAL
 IMPAIRMENTS HANDICAPS IF THE PROJECT IS IMPLEMENTED.
   (H) THE EXTENT TO WHICH IMPLEMENTATION  OF  THE  PROJECT  WILL  REDUCE
 ARCHITECTURAL BARRIERS FOR PEOPLE WITH MOBILITY IMPAIRMENTS.
   (I) A REVIEW OF HOW THE APPLICANT WILL MAINTAIN OR IMPROVE THE QUALITY
 OF HOSPITAL AND HEALTH-RELATED SERVICES INCLUDING A REVIEW OF:
   (I) DEMOGRAPHICS OF THE APPLICANT'S SERVICE AREA;
   (II)  ECONOMIC  STATUS  OF  THE  POPULATION OF THE APPLICANT'S SERVICE
 AREA;
   (III) PHYSICIAN  AND  PROFESSIONAL  STAFFING  ISSUES  RELATED  TO  THE
 PROJECT;
   (IV) AVAILABILITY OF SIMILAR SERVICES AT OTHER INSTITUTIONS IN OR NEAR
 THE APPLICANT'S SERVICE AREA; AND
   (V) HISTORICAL AND PROJECTED MARKET SHARES OF HOSPITAL AND HEALTH CARE
 SERVICE PROVIDERS IN THE APPLICANT'S SERVICE AREA.

 S. 9035--A                          3
 
   4.  THE  HEALTH  EQUITY  IMPACT  ASSESSMENT  SHALL BE PREPARED FOR THE
 APPLICANT BY AN INDEPENDENT ENTITY AND INCLUDE THE MEANINGFUL ENGAGEMENT
 OF PUBLIC HEALTH EXPERTS, ORGANIZATIONS REPRESENTING  EMPLOYEES  OF  THE
 APPLICANT,  STAKEHOLDERS,  AND  COMMUNITY  LEADERS  AND RESIDENTS OF THE
 APPLICANT'S SERVICE AREA.
   5.  THE  DEPARTMENT SHALL PUBLICLY POST THE APPLICATION AND THE HEALTH
 EQUITY IMPACT ASSESSMENT ON THE DEPARTMENT'S WEBSITE WITHIN ONE WEEK  OF
 THE FILING WITH THE DEPARTMENT, INCLUDING ANY FILING WITH THE COUNCIL.
   § 2. This act shall take effect on the one hundred eightieth day after
 it becomes a law.  Effective immediately, the commissioner of health and
 the public health and health planning council shall make regulations and
 take  other  actions  reasonably necessary to implement this act on that
 date.

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Senate Bill S9035A

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Sponsored By

Gustavo Rivera

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

Liz Krueger

2019-S9035 - Details

2019-S9035 - Summary

2019-S9035 - Sponsor Memo

2019-S9035 - Bill Text download pdf

co-Sponsors

Liz Krueger

2019-S9035A (ACTIVE) - Details

2019-S9035A (ACTIVE) - Summary

2019-S9035A (ACTIVE) - Sponsor Memo

2019-S9035A (ACTIVE) - Bill Text download pdf

Comments