S T A T E O F N E W Y O R K
________________________________________________________________________
7885
I N S E N A T E
January 18, 2022
___________
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 applications for
certain hospital projects; and to amend a chapter of the laws of 2021
amending the public health law relating to health equity assessments
in the establishment or construction of a hospital, as proposed in
legislative bills numbers S. 1451-A and A. 191-A, in relation to the
effectiveness thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2802-b of the public health law, as added by a
chapter of the laws of 2021 amending the public health law relating to
health equity assessments in the establishment or construction of a
hospital, as proposed in legislative bills numbers S. 1451-A and A.
191-A, is amended 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,] ELIMINATION 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 application is filed or submitted to the council, the commis-
sioner or the department after this section takes effect. PROVIDED,
HOWEVER, THAT AN APPLICATION FOR THE CHANGE IN THE ESTABLISHMENT, MERGER
OR ACQUISITION OF A HOSPITAL SHALL NOT BE INCLUDED IN THIS DEFINITION IF
THE APPLICATION WOULD NOT RESULT IN THE ELIMINATION, OR SUBSTANTIAL
REDUCTION, EXPANSION, ADDITION OR CHANGE IN LOCATION OF A HOSPITAL
SERVICE OR HEALTH RELATED SERVICE OF THE HOSPITAL.
(b) "Project" means the construction, establishment, change in the
establishment, merger, acquisition, [closure] ELIMINATION, or substan-
tial reduction, EXPANSION, OR ADDITION of a hospital service or health-
related service of a hospital that is the subject of an application.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00607-06-2
S. 7885 2
(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-
age or have inadequate third-party health coverage; and other people who
are unable to obtain health care.
2. (a) (i) Every application shall include a health equity impact
assessment of the project. The HEALTH EQUITY 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.
(ii) However, in the case of a diagnostic and treatment center whose
patient population is over fifty percent combined patients enrolled in
Medicaid or uninsured, a health equity impact assessment is not required
unless the application includes a change in controlling person, princi-
pal stockholder, or principal member (as defined in section twenty-eight
hundred one-a of this article) of the applicant.
(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.
S. 7885 3
(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
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] ITS website within one
week of the filing with the department, including any filing with the
council. THE APPLICANT SHALL PUBLICLY POST THE APPLICATION AND THE
HEALTH EQUITY IMPACT ASSESSMENT ON ITS WEBSITE WITHIN ONE WEEK OF
ACKNOWLEDGEMENT BY THE DEPARTMENT.
§ 2. Section 2 of a chapter of the laws of 2021 amending the public
health law relating to health equity assessments in the establishment or
construction of a hospital, as proposed in legislative bills numbers S.
1451-A and A. 191-A, is amended to read as follows:
§ 2. This act shall take effect [on the one hundred eightieth day]
EIGHTEEN MONTHS after it [becomes] SHALL HAVE BECOME a law. Effective
immediately, the commissioner of health and the public health and health
planning council shall make regulations and take other actions reason-
ably necessary to implement this act on that date.
§ 3. This act shall take effect immediately; provided, however, that
section one of this act shall take effect on the same date and in the
same manner as a chapter of the laws of 2021 amending the public health
law relating to health equity assessments in the establishment or
construction of a hospital, as proposed in legislative bills numbers S.
1451-A and A. 191-A, takes effect.
