S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3290
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 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.
   §  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
 AVENUE;  (F)  TWO MEMBERS APPOINTED   BY THE MAYOR OF NEW YORK CITY; AND
 (G) TWO MEMBERS APPOINTED BY THE GOVERNOR.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07477-01-1

              

 S. 3290                             2
 
   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;
   (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

 S. 3290                             3
 
   (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 TWENTY-ONE.
   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.
   §  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
 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;

 S. 3290                             4
 
 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.
   § 2. This act shall take effect immediately.