S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1633
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of  A.  SIMON,  CRUZ, REYES, GLICK, WEPRIN, BURDICK,
   JACOBSON, OTIS, CUNNINGHAM, SEAWRIGHT, SANTABARBARA, MITAYNES,  GONZA-
   LEZ-ROJAS  --  Multi-Sponsored  by  -- M. of A. CARROLL, COOK, DAVILA,
   EPSTEIN, HEVESI, PAULIN, STECK, WALKER -- read once  and  referred  to
   the Committee on Health

 AN  ACT  to  amend  the public health law, in relation to the closure of
   hospitals or emergency or maternity departments
 
   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 AND CERTAIN HOSPITAL DEPARTMENTS.  1.
 NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE CLOSURE  OF  A
 GENERAL  HOSPITAL  OR AN EMERGENCY OR MATERNITY DEPARTMENT, OR SURRENDER
 OF AN OPERATING CERTIFICATE PURSUANT TO THIS ARTICLE SHALL BE SUBJECT TO
 REVIEW AND APPROVAL BY THE COMMISSIONER.
   2. (A) WHEN A FACILITY APPLIES TO THE COMMISSIONER FOR THE CLOSURE  OF
 A GENERAL HOSPITAL OR AN EMERGENCY OR MATERNITY DEPARTMENT, THE FACILITY
 MUST INCLUDE A CLOSURE PLAN, INCLUDING:
   (1)  THE  ANTICIPATED IMPACT OF THE GENERAL HOSPITAL'S OR DEPARTMENT'S
 CLOSURE ON ACCESS TO HEALTH CARE SERVICES BY MEMBERS OF THE  SURROUNDING
 COMMUNITIES,  INCLUDING BUT NOT LIMITED TO RECIPIENTS OF MEDICAL ASSIST-
 ANCE FOR NEEDY  PERSONS,  THE  UNINSURED,  AND  UNDERSERVED  POPULATIONS
 INCLUDING PEOPLE WITH DISABILITIES;
   (2)  SPECIFIC  MEASURES  THE  FACILITY 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; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02692-01-3
 A. 1633                             2
              

 
   (4)  EFFORTS  TO  IDENTIFY AN ALTERNATE OPERATOR OR EFFORTS TO REQUEST
 THAT THE STATE ASSESS ITS ABILITY TO ASSUME FINANCIAL RESPONSIBILITY.
   (B)  NO  LATER  THAN  THIRTY  DAYS AFTER RECEIPT OF AN APPLICATION FOR
 CLOSURE OF A GENERAL HOSPITAL THE COMMISSIONER SHALL  SUBMIT  A  WRITTEN
 NOTIFICATION  TO THE COUNTY EXECUTIVE OR PRESIDENT OF THE BOROUGH WITHIN
 WHICH THE FACILITY IS LOCATED, THE CONGRESSIONAL REPRESENTATIVE 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, THE CITY OR COUNTY DEPARTMENT OF HEALTH, AND WHERE  APPLICABLE,
 THE  COMMUNITY  BOARD  OR  THE CITY COUNCIL MEMBER REPRESENTING THE AREA
 WITHIN WHICH THE FACILITY IS LOCATED. SUCH  WRITTEN  NOTIFICATION  SHALL
 INCLUDE:
   (1) A COMPLETE COPY OF THE HOSPITAL OR DEPARTMENT CLOSURE PLAN; AND
   (2) COMPLETE COPIES OF THE APPLICATION OR REQUEST FOR CLOSURE.
   (C)  THE COMMISSIONER SHALL ALSO MAKE A FULL COPY OF SUCH NOTIFICATION
 AVAILABLE TO THE PUBLIC ON THE DEPARTMENT'S WEBSITE.
   (D) THE COMMISSIONER SHALL ALSO NOTIFY THE PUBLIC OF SUCH  APPLICATION
 FOR  CLOSURE  THROUGH A PRESS RELEASE AND THE POSTING OF A NOTICE AT THE
 AFFECTED HOSPITAL.
   3.  UPON ANY DECISION BY THE COMMISSIONER  TO  APPROVE  OR  REJECT  AN
 APPLICATION  FOR CLOSURE OF A GENERAL HOSPITAL OR AN EMERGENCY OR MATER-
 NITY DEPARTMENT, THE COMMISSIONER SHALL MAKE AVAILABLE TO THE PUBLIC  ON
 THE DEPARTMENT'S WEBSITE A WRITTEN REPORT INCLUDING:
   (A)  A SUMMARY OF THE ISSUES AND PROPOSALS RAISED PURSUANT TO SUBDIVI-
 SION ONE OF SECTION TWENTY-EIGHT HUNDRED ONE-G OF THIS ARTICLE;
   (B) A  STATEMENT  OF  THE  REASONS  WHY  ANY  SIGNIFICANT  ALTERNATIVE
 PROPOSALS  MADE  PURSUANT  TO  SUBDIVISION  ONE  OF SECTION TWENTY-EIGHT
 HUNDRED ONE-G OF THIS ARTICLE WERE OR WERE  NOT  INCORPORATED  INTO  THE
 FINAL CLOSURE PLAN;
   (C)  A DESCRIPTION OF ANY CHANGES MADE TO THE PROPOSED CLOSURE PLAN AS
 A RESULT OF THE ISSUES OR PROPOSALS RAISED PURSUANT TO  SUBDIVISION  ONE
 OF SECTION TWENTY-EIGHT HUNDRED ONE-G OF THIS ARTICLE;
   (D)  THE  ANTICIPATED IMPACT OF THE GENERAL HOSPITAL'S OR DEPARTMENT'S
 CLOSURE ON ACCESS TO HEALTH CARE SERVICES BY MEMBERS OF THE  SURROUNDING
 COMMUNITY,  INCLUDING  BUT NOT LIMITED TO, RECIPIENTS OF MEDICAL ASSIST-
 ANCE FOR NEEDY  PERSONS,  THE  UNINSURED,  AND  UNDERSERVED  POPULATIONS
 INCLUDING PEOPLE WITH DISABILITIES;
   (E)  THE  SPECIFIC  MEASURES  THE  FACILITY,  THE DEPARTMENT AND OTHER
 PARTIES HAVE TAKEN OR WILL TAKE TO AMELIORATE THE ANTICIPATED IMPACT;
   (F) AN ASSESSMENT OF THE ABILITY OF  THE  STATE  TO  ASSUME  FINANCIAL
 RESPONSIBILITY OR IDENTIFY AN ALTERNATE OPERATOR;
   (G)  ANY  FURTHER  RECOMMENDATIONS  REGARDING  ACCESS  TO  HEALTH CARE
 SERVICES IN COMMUNITIES IMPACTED BY THE GENERAL HOSPITAL'S OR  EMERGENCY
 OR MATERNITY DEPARTMENT'S CLOSURE;
   (H)  INFORMATION  ABOUT  TRANSITIONAL MEDICAL SERVICES TO THE IMPACTED
 COMMUNITIES, INCLUDING BUT NOT LIMITED TO ARRANGEMENTS FOR CONTINUITY OF
 CARE; AND
   (I) A COMPLETE COPY OF  THE  PROPOSED  DECISION  OF  THE  COMMISSIONER
 REGARDING  THE CLOSURE OF THE HOSPITAL OR EMERGENCY OR MATERNITY DEPART-
 MENT, INCLUDING ALL PROPOSED TERMS, CONDITIONS AND PLANS  FOR  PROVIDING
 HEALTH SERVICES TO THE AFFECTED COMMUNITIES AND POPULATIONS.
   4.  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.
 A. 1633                             3
 
   5. 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.
   6. THE COMMISSIONER SHALL PROMULGATE ANY RULES NECESSARY TO EFFECTUATE
 THE PROVISIONS OF THIS SECTION.
   §  3. Section 2801-g of the public health law, as added by chapter 541
 of the laws of 2010, is amended to read as follows:
   § 2801-g. Community forum on hospital  closure.    1.  No  later  than
 [thirty]  FORTY-FIVE  days  after  [the] AN APPLICATION FOR closure of a
 general hospital, OR AN EMERGENCY OR MATERNITY DEPARTMENT, AND AT  LEAST
 SIXTY  DAYS  PRIOR  TO THE PROPOSED CLOSURE DATE, the commissioner shall
 hold a public community forum for the purpose of obtaining public  input
 concerning the anticipated impact of the general hospital's OR EMERGENCY
 OR  MATERNITY  DEPARTMENT'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 uninsured, and
 underserved populations INCLUDING PEOPLE WITH DISABILITIES, and  options
 and  proposals  to  ameliorate such anticipated impact. The commissioner
 shall afford community members, health  care  providers,  labor  unions,
 payers,  businesses  [and],  consumers, THE CONGRESSIONAL REPRESENTATIVE
 FOR THE DISTRICT IN WHICH THE FACILITY IS LOCATED, THE COUNTY  EXECUTIVE
 OR  PRESIDENT  OF  THE BOROUGH WITHIN WHICH THE FACILITY IS LOCATED, THE
 STATE SENATOR AND ASSEMBLY MEMBER REPRESENTING THE AREA WITHIN WHICH THE
 FACILITY IS LOCATED, AND THE COMMUNITY BOARD AND THE CITY COUNCIL MEMBER
 REPRESENTING THE AREA WITHIN WHICH THE FACILITY IS LOCATED WHERE  APPLI-
 CABLE,  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 AT LEAST TWO WEEKS
 FOLLOWING THE COMMUNITY FORUM.  AT LEAST TEN DAYS PRIOR TO SUCH COMMUNI-
 TY FORUM, THE COMMISSIONER  SHALL  RELEASE  PUBLICLY  AND  POST  ON  ITS
 WEBSITE  A  COMPLETE  COPY OF THE COMMISSIONER'S NOTIFICATION RELATED TO
 THE CLOSURE  REQUIRED  BY  SUBDIVISION  THREE  OF  SECTION  TWENTY-EIGHT
 HUNDRED ONE-I OF THIS ARTICLE.
   2.  [No later than sixty days after holding a community forum pursuant
 to subdivision one of this section, the commissioner shall  make  avail-
 able to the public on the department's website information 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.
   3.] A community forum conducted pursuant to this section shall be held
 at a location within a reasonable  proximity  to  the  general  hospital
 subject  to  closure, and shall be announced no less than ten days prior
 to the date of such community forum.
   § 4. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1633--B
                                                          Cal. No. 47
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of  A.  SIMON,  CRUZ, REYES, GLICK, WEPRIN, BURDICK,
   JACOBSON, OTIS, CUNNINGHAM, SEAWRIGHT, SANTABARBARA, MITAYNES,  GONZA-
   LEZ-ROJAS,  COLTON,  FORREST, PHEFFER AMATO, BARRETT, SHRESTHA, LEVEN-
   BERG, ARDILA, MAMDANI, DINOWITZ, TAPIA, LEE, McDONALD, KELLES, TAYLOR,
   BORES -- Multi-Sponsored  by  --  M.  of  A.  CARROLL,  COOK,  DAVILA,
   EPSTEIN,  HEVESI,  PAULIN,  STECK, WALKER -- read once and referred to
   the Committee on Health -- ordered to a  third  reading,  amended  and
   ordered  reprinted,  retaining its place on the order of third reading
   -- passed by Assembly and delivered to the Senate, recalled  from  the
   Senate,  vote reconsidered, bill amended, ordered reprinted, retaining
   its place on the special order of third reading
 
 AN ACT to amend the public health law, in relation to  providing  public
   notice  and  public  engagement when a general hospital seeks to close
   entirely or a unit that provides maternity, mental health or substance
   use care
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.   Short title. This act shall be known and may be cited as
 the "local input in community healthcare act".
   § 2.  Section 2801-g of the public health law, as added by chapter 541
 of the laws of 2010, subdivision 4 as added by section 3 of  part  E  of
 chapter 57 of the laws of 2023, is amended to read as follows:
   § 2801-g. Community [forum] NOTICE AND ENGAGEMENT on hospital closure.
 1.  PROCESS FOR THE CLOSURE OF A GENERAL HOSPITAL OR A UNIT OF A GENERAL
 HOSPITAL. (A) THIS SECTION SETS FORTH A PROCESS FOR  THE  CLOSURE  OF  A
 GENERAL  HOSPITAL  OR  A  UNIT  OF  A  GENERAL HOSPITAL. AS USED IN THIS
 SECTION, "UNIT" MEANS A  PORTION  OF  A  GENERAL  HOSPITAL  THAT  OFFERS
 LICENSED  EMERGENCY, MATERNITY, MENTAL HEALTH OR SUBSTANCE USE SERVICES,
 INCLUDING ANY SPECIALTY CARE OR ANY OTHER HOSPITAL SERVICE IN AN OPERAT-
 ING CERTIFICATE AS APPROVED UNDER SECTION TWENTY-EIGHT HUNDRED  FIVE  OF
 THIS ARTICLE. FOR THE PURPOSES OF THIS SECTION, THE CLOSURE OF A UNIT OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02692-08-4
 A. 1633--B                          2
 
 A GENERAL HOSPITAL SHALL INCLUDE A REDUCTION  OF SUCH SERVICES.  AS USED
 IN  THIS SECTION, "REDUCTION" MEANS A REDUCTION IN SERVICES THAT RESULTS
 IN:
   (I)  MORE THAN FIFTEEN PERCENT OF A REDUCTION IN PATIENT CAPACITY OF A
 UNIT WITHIN TWELVE MONTHS; OR
   (II) A TWENTY-FIVE PERCENT OR MORE REDUCTION IN  PATIENT  CAPACITY  IN
 AGGREGATE WITHIN A TWENTY-FOUR MONTH PERIOD; OR
   (III)  A  THIRTY-FIVE PERCENT OR MORE REDUCTION IN PATIENT CAPACITY IN
 AGGREGATE WITHIN A THIRTY-SIX MONTH PERIOD.
   2. CLOSURE OF A  GENERAL  HOSPITAL.  (A)  WRITTEN  NOTIFICATION  OF  A
 PROPOSED  CLOSURE  OF A GENERAL HOSPITAL MUST BE PROVIDED TO THE DEPART-
 MENT AND ALL PARTIES LISTED IN SUBPARAGRAPH (II)  OF  PARAGRAPH  (C)  OF
 THIS  SUBDIVISION  NO  LATER  THAN TWO HUNDRED SEVENTY DAYS PRIOR TO THE
 PROPOSED CLOSURE DATE.  NOTHING IN THIS SECTION SHALL PROHIBIT A GENERAL
 HOSPITAL FROM CONFERRING WITH THE DEPARTMENT PRIOR  TO  SUBMITTING  SUCH
 WRITTEN NOTIFICATION TO GIVE INFORMAL NOTICE AND SEEK GUIDANCE.
   (B)  APPLICATION.    A  GENERAL  HOSPITAL THAT SEEKS TO CLOSE ENTIRELY
 SHALL SUBMIT AN APPLICATION THAT REQUIRES REVIEW BY  THE  PUBLIC  HEALTH
 AND  HEALTH  PLANNING  COUNCIL, OR ANY SUCCESSOR ENTITY. THE APPLICATION
 FOR THE CLOSURE SHALL INCLUDE A  HEALTH  EQUITY  IMPACT  ASSESSMENT,  AS
 DEFINED  BY  SECTION  TWENTY-EIGHT  HUNDRED TWO-B OF THIS ARTICLE, AND A
 PROPOSED CLOSURE PLAN. THE APPLICATION SHALL BE SUBMITTED AT  LEAST  TWO
 HUNDRED  TEN  DAYS  BEFORE  THE  PROPOSED  CLOSURE. NO CESSATION, PAUSE,
 TRANSFER, OR LIMITATION OF SERVICE MAY BE CARRIED OUT WHILE THE  CLOSURE
 APPLICATION IS PENDING WITHOUT PRIOR WRITTEN APPROVAL BY THE COMMISSION-
 ER  OR  THE COMMISSIONER'S DESIGNEE, WHO MAY TAKE INTO CONSIDERATION THE
 IMPACTS ON QUALITY OF CARE AND PATIENT SAFETY STEMMING FROM  CHANGES  IN
 PATIENT  VOLUME  OR  SERVICES.  AS  USED  IN  THIS SECTION, "TRANSFER OF
 SERVICES" SHALL INCLUDE CONVERSION OF SERVICES FROM INPATIENT TO  OUTPA-
 TIENT  SERVICES,  THE  MOVING  OF  SERVICES  TO OTHER FACILITIES, OR THE
 TRANSFER OF PERSONNEL THAT WOULD CONSTITUTE A REDUCTION OR UNAVAILABILI-
 TY OF SERVICES.
   (C) PUBLIC COMMUNITY FORUM. (I) No later  than  [thirty]  ONE  HUNDRED
 FIFTY  days [after] PRIOR TO the PROPOSED 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  uninsured,  and  MEDICALLY
 underserved  populations  AS DEFINED IN PARAGRAPH (D) OF SUBDIVISION ONE
 OF SECTION TWENTY-EIGHT HUNDRED TWO-B OF THIS ARTICLE, and  options  and
 proposals  to ameliorate such anticipated impact. The commissioner shall
 afford community members, health care providers, labor  unions,  payers,
 businesses  and  consumers a reasonable opportunity to speak about rele-
 vant matters at such community forum.
   [2.] (II) No later than [sixty] THIRTY days [after] BEFORE  holding  a
 community forum pursuant to [subdivision one of this section] THIS PARA-
 GRAPH,  the  commissioner  shall  make  available  to  the public on the
 department's website information regarding:
   [(a)] (A) THE PROPOSED CLOSURE PLAN SUBMITTED BY THE GENERAL HOSPITAL;
   (B) 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)]  (C)  specific  measures  the  department and other parties have
 taken or will take to ameliorate such anticipated impact  INCLUDING  BUT
 A. 1633--B                          3

 NOT  LIMITED  TO  ENSURING  THAT  THE SERVICES TO BE ELIMINATED WOULD BE
 AVAILABLE TO MEDICAID, OR INDIVIDUALS THAT ARE INSURED  BY  A  PUBLICLY-
 SUBSIDIZED  PLAN  AND UNINSURED PATIENTS AT THE SURROUNDING AREA FACILI-
 TIES THAT ARE TAKING NEW PATIENTS; and
   [(c)]  (D) any further recommendations regarding access to health care
 services in communities impacted by the general hospital's closure.
   [3.] (III) A community forum conducted pursuant to this section  shall
 be  held  at  a  location  within  a reasonable proximity to the general
 hospital OR UNIT subject to THE PROPOSED closure, and shall be announced
 no less than [ten] FOURTEEN days prior to the  date  of  such  community
 forum.  SUCH  FORUM  SHALL BE HELD AT A PROPER TIME AND BE ACCESSIBLE TO
 THE IMPACTED COMMUNITY VIRTUALLY AND PHYSICALLY.
   [4.  At least thirty days prior to a general hospital applying to  the
 federal  centers  for  medicare  and medicaid services to convert from a
 general hospital with inpatients to a rural emergency hospital under  42
 USC  1395x(kkk),  or  successor  provisions,  such hospital shall hold a
 public community  forum  for  the  purpose  of  obtaining  public  input
 concerning the anticipated impact of the hospital's closure of inpatient
 units, including but not limited to, the impact on recipients of medical
 assistance  for  needy persons, the uninsured, people with disabilities,
 and medically underserved populations,  and  options  and  proposals  to
 ameliorate such anticipated impact.
   The]  (IV)  NO LATER THAN THIRTY DAYS PRIOR TO A COMMUNITY FORUM UNDER
 THIS SECTION, THE GENERAL hospital shall notify health  care  providers,
 labor  unions, the [congressional] LOCAL, STATE, AND FEDERAL LEGISLATIVE
 representative, THE OFFICE OF THE ATTORNEY GENERAL,  THE  COUNTY  EXECU-
 TIVE,  MAYOR,  TOWN SUPERVISOR, AND IN THE CASE OF THE CITY OF NEW YORK,
 THE BOROUGH PRESIDENT, AND COMMUNITY BOARD for [the] EVERY  district  in
 which  the [facility] GENERAL HOSPITAL is located, [the county executive
 of the county in which the facility is located, and  the  state  senator
 and  assembly  member representing the area within which the facility is
 located] of the date, time, and location of  the  community  forum.  The
 GENERAL  hospital  shall  afford  all  public  participants a reasonable
 opportunity to speak about relevant matters  at  such  community  forum.
 Prior to [any] A community forum and as soon as practicable, the GENERAL
 hospital shall be required to:
   [(a)] (A) notify the office of mental health and the local director of
 community  services  in  the event such general hospital has psychiatric
 inpatient beds licensed under article thirty-one of the  mental  hygiene
 law  or  designated  pursuant to section 9.39 of the mental hygiene law,
 and
   [(b)] (B) notify the office of addiction services and supports in  the
 event  such general hospital has inpatient substance use disorder treat-
 ment  programs  or  inpatient  chemical  dependence  treatment  programs
 licensed under article thirty-two of the mental hygiene law. The commis-
 sioner  shall  also  accept comments submitted in writing at such public
 forum and by mail OR ELECTRONIC MAIL within at least two weeks following
 the community forum.
   (V) THE COMMISSIONER SHALL ALSO ACCEPT COMMENTS SUBMITTED  IN  WRITING
 AT  SUCH PUBLIC FORUM AND BY MAIL OR ELECTRONIC MAIL WITHIN AT LEAST TWO
 WEEKS FOLLOWING THE COMMUNITY FORUM.
   (D) REVISED CLOSURE PLAN. NO LATER THAN THIRTY DAYS AFTER THE COMMUNI-
 TY FORUM, THE GENERAL HOSPITAL SHALL SUBMIT A REVISED  CLOSURE  PLAN  TO
 THE  DEPARTMENT  ADDRESSING  CONCERNS  RAISED  BY COMMUNITY STAKEHOLDERS
 DURING THE COMMUNITY FORUM. THE  GENERAL  HOSPITAL  AND  THE  DEPARTMENT
 A. 1633--B                          4
 
 SHALL MAKE THE REVISED CLOSURE PLAN PUBLICLY AVAILABLE ON THEIR WEBSITES
 NO LATER THAN FORTY-FIVE DAYS AFTER THE COMMUNITY FORUM.
   (E)  PUBLIC  HEALTH  AND HEALTH PLANNING COUNCIL REVIEW. NO LATER THAN
 NINETY DAYS PRIOR TO THE PROPOSED CLOSURE, THE PUBLIC HEALTH AND  HEALTH
 PLANNING  COUNCIL,  OR ANY SUCCESSOR ENTITY, SHALL HOLD A PUBLIC MEETING
 BEFORE THE COUNCIL TO REVIEW THE APPLICATION, INCLUDING THE HEALTH EQUI-
 TY IMPACT ASSESSMENT AND REVISED CLOSURE PLAN. WITHIN  TWO  WEEKS  AFTER
 SUCH MEETING, THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL SHALL MAKE A
 RECOMMENDATION TO THE COMMISSIONER FOR THE COMMISSIONER'S CONSIDERATION.
   3.  CLOSURE  OF A UNIT OF A GENERAL HOSPITAL. (A)(I) WRITTEN NOTIFICA-
 TION OF A PROPOSED CLOSURE OF A UNIT OF A GENERAL HOSPITAL,  AS  DEFINED
 IN  SUBDIVISION  ONE OF THIS SECTION, MUST BE PROVIDED TO THE DEPARTMENT
 AND ALL PARTIES LISTED IN SUBPARAGRAPH (IV) OF PARAGRAPH (C) OF SUBDIVI-
 SION TWO OF THIS SECTION NO LATER THAN TWO HUNDRED TEN DAYS PRIOR TO THE
 PROPOSED CLOSURE DATE. NOTHING IN THIS SECTION SHALL PROHIBIT A  GENERAL
 HOSPITAL  FROM  CONFERRING  WITH THE DEPARTMENT PRIOR TO SUBMITTING SUCH
 WRITTEN NOTIFICATION TO GIVE INFORMAL NOTICE AND SEEK GUIDANCE.
   (II) A REDUCTION IN SERVICES OR CLOSURE OF A UNIT IN A GENERAL  HOSPI-
 TAL  SHALL  NOT  BE  REQUIRED  TO  UNDERGO THE PROCESS SET FORTH IN THIS
 SECTION IF THE GENERAL HOSPITAL DEMONSTRATES TO THE  DEPARTMENT  A  GOOD
 CAUSE  FOR  SUCH REDUCTION OR CLOSURE OF A UNIT, WHICH SHALL INCLUDE ONE
 OR MORE OF THE FOLLOWING:
   (A) WHETHER SUCH CLOSURE OR REDUCTION IS TEMPORARY IN ORDER TO MODERN-
 IZE A FACILITY;
   (B) WHETHER SUCH CLOSURE ADDRESSES THE  CURRENT  HEALTH  CARE  DEMAND,
 SUCH  AS  PATIENT VOLUME AND THE OVERALL AVAILABILITY OF SERVICES IN THE
 FACILITY'S HEALTH SERVICE AREA OR COUNTY SERVED;
   (C) THERE ARE ACUTE LABOR SHORTAGES OUTSIDE  OF  THE  CONTROL  OF  THE
 GENERAL HOSPITAL THAT IMPACTS PATIENT SAFETY; OR
   (D) AN ACUTE FINANCIAL EMERGENCY OUTSIDE OF THE CONTROL OF THE GENERAL
 HOSPITAL.
   (B)  APPLICATION.  A GENERAL HOSPITAL THAT SEEKS THE CLOSURE OF A UNIT
 SHALL SUBMIT AN APPLICATION TO THE DEPARTMENT OF  HEALTH  THAT  REQUIRES
 REVIEW  BY THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, OR ANY SUCCES-
 SOR ENTITY IN ADDITION TO APPROVAL BY THE COMMISSIONER. THE  APPLICATION
 FOR  THE  CLOSURE  SHALL  INCLUDE  A HEALTH EQUITY IMPACT ASSESSMENT, AS
 DEFINED BY SECTION TWENTY-EIGHT HUNDRED TWO-B OF  THIS  ARTICLE,  AND  A
 PROPOSED  CLOSURE  PLAN. THE APPLICATION SHALL BE SUBMITTED AT LEAST ONE
 HUNDRED FIFTY DAYS BEFORE THE PROPOSED  CLOSURE.  NO  CESSATION,  PAUSE,
 TRANSFER,  OR LIMITATION OF SERVICE MAY BE CARRIED OUT WHILE THE CLOSURE
 APPLICATION IS PENDING WITHOUT PRIOR WRITTEN APPROVAL BY THE COMMISSION-
 ER OR THE COMMISSIONER'S DESIGNEE, WHO SHALL TAKE INTO CONSIDERATION THE
 IMPACTS ON QUALITY OF CARE AND PATIENT SAFETY STEMMING FROM  CHANGES  IN
 PATIENT  VOLUME  OR  SERVICES.  AS  USED  IN  THIS SECTION, "TRANSFER OF
 SERVICES" SHALL INCLUDE CONVERSION OF SERVICES FROM INPATIENT TO  OUTPA-
 TIENT  SERVICES,  THE  MOVING  OF  SERVICES  TO OTHER FACILITIES, OR THE
 TRANSFER OF PERSONNEL THAT WOULD CONSTITUTE A REDUCTION OR UNAVAILABILI-
 TY OF SERVICES.
   (C) COMMUNITY PUBLIC FORUM. (I) NO LATER THAN NINETY DAYS PRIOR TO THE
 PROPOSED CLOSURE OF A UNIT 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 UNIT'S CLOSURE ON QUALITY AND
 ACCESS TO HEALTH CARE SERVICES BY MEMBERS OF THE SURROUNDING  COMMUNITY,
 INCLUDING  BUT NOT LIMITED TO RECIPIENTS OF MEDICAL ASSISTANCE FOR NEEDY
 PERSONS, THE UNINSURED, AND MEDICALLY UNDERSERVED POPULATIONS AS DEFINED
 IN PARAGRAPH (D) OF SUBDIVISION  ONE  OF  SECTION  TWENTY-EIGHT  HUNDRED
 A. 1633--B                          5
 
 TWO-B  OF  THIS  ARTICLE,  AND  OPTIONS AND PROPOSALS TO AMELIORATE SUCH
 ANTICIPATED IMPACT. THE COMMISSIONER  SHALL  AFFORD  COMMUNITY  MEMBERS,
 HEALTH  CARE  PROVIDERS,  LABOR  UNIONS,  PAYERS,  BUSINESSES, AND OTHER
 PARTICIPANTS A REASONABLE OPPORTUNITY TO SPEAK ABOUT RELEVANT MATTERS AT
 SUCH COMMUNITY FORUM.
   (II) NO LATER THAN TWO WEEKS BEFORE HOLDING A COMMUNITY FORUM PURSUANT
 TO  THIS  PARAGRAPH, THE COMMISSIONER SHALL MAKE AVAILABLE TO THE PUBLIC
 ON THE DEPARTMENT'S WEBSITE  INFORMATION  REGARDING:  (A)  THE  PROPOSED
 CLOSURE  PLAN  SUBMITTED  BY  THE  GENERAL HOSPITAL; (B) THE ANTICIPATED
 IMPACT OF THE CLOSURE ON QUALITY AND ACCESS TO HEALTH CARE  SERVICES  BY
 MEMBERS  OF  THE  SURROUNDING  COMMUNITY,  INCLUDING  BUT NOT LIMITED TO
 RECIPIENTS OF MEDICAL ASSISTANCE FOR NEEDY PERSONS, THE  UNINSURED,  AND
 UNDERSERVED  POPULATIONS; (C) SPECIFIC MEASURES THE DEPARTMENT AND OTHER
 PARTIES HAVE TAKEN OR WILL TAKE TO AMELIORATE  SUCH  ANTICIPATED  IMPACT
 INCLUDING BUT NOT LIMITED TO ENSURING THAT THE SERVICES TO BE ELIMINATED
 WOULD  BE  AVAILABLE  TO  MEDICAID, OR INDIVIDUALS THAT ARE INSURED BY A
 PUBLICLY-SUBSIDIZED PLAN AND UNINSURED PATIENTS AT THE SURROUNDING  AREA
 FACILITIES THAT ARE TAKING NEW PATIENTS; AND (D) ANY FURTHER RECOMMENDA-
 TIONS  REGARDING  QUALITY AND ACCESS TO HEALTH CARE SERVICES IN COMMUNI-
 TIES IMPACTED BY THE CLOSURE.
   (III) A COMMUNITY FORUM CONDUCTED PURSUANT TO THIS PARAGRAPH SHALL  BE
 HELD  AT A LOCATION WITHIN A REASONABLE PROXIMITY TO THE UNIT SUBJECT TO
 THE PROPOSED CLOSURE AND SHALL BE ANNOUNCED NO LESS THAN  FOURTEEN  DAYS
 PRIOR TO THE DATE OF SUCH COMMUNITY FORUM. SUCH FORUM SHALL BE HELD AT A
 PROPER  TIME  AND  BE ACCESSIBLE TO THE IMPACTED COMMUNITY VIRTUALLY AND
 PHYSICALLY.
   (IV) NO LATER THAN TWO WEEKS PRIOR TO THE COMMUNITY FORUM  UNDER  THIS
 SECTION,  THE  GENERAL  HOSPITAL  SEEKING  TO  CLOSE A UNIT SHALL NOTIFY
 HEALTH CARE PROVIDERS, LABOR  UNIONS,  THE  LOCAL,  STATE,  AND  FEDERAL
 LEGISLATIVE  REPRESENTATIVE,  THE  OFFICE  OF  THE ATTORNEY GENERAL, THE
 COUNTY EXECUTIVE, MAYOR, TOWN SUPERVISOR, AND IN THE CASE OF THE CITY OF
 NEW YORK, THE BOROUGH PRESIDENT, AND COMMUNITY BOARD FOR EVERY  DISTRICT
 IN  WHICH  THE  GENERAL  HOSPITAL  IS  LOCATED,  OF  THE DATE, TIME, AND
 LOCATION OF THE COMMUNITY FORUM. PRIOR TO THE  COMMUNITY  FORUM  AND  AS
 SOON  AS  PRACTICABLE,  THE  GENERAL  HOSPITAL SHALL BE REQUIRED TO: (A)
 NOTIFY THE OFFICE OF MENTAL HEALTH AND THE LOCAL DIRECTOR  OF  COMMUNITY
 SERVICES IN THE EVENT SUCH GENERAL HOSPITAL IS SEEKING TO CLOSE AN INPA-
 TIENT  PSYCHIATRIC  UNIT LICENSED UNDER ARTICLE THIRTY-ONE OF THE MENTAL
 HYGIENE LAW OR DESIGNATED PURSUANT TO SECTION 9.39 OF THE MENTAL HYGIENE
 LAW, AND (B) NOTIFY THE OFFICE OF ADDICTION SERVICES AND SUPPORTS IN THE
 EVENT THE GENERAL HOSPITAL IS SEEKING TO CLOSE  AN  INPATIENT  SUBSTANCE
 USE  DISORDER TREATMENT PROGRAMS OR INPATIENT CHEMICAL DEPENDENCE TREAT-
 MENT PROGRAMS LICENSED UNDER ARTICLE THIRTY-TWO OF  THE  MENTAL  HYGIENE
 LAW.
   (V)  THE  COMMISSIONER SHALL ALSO ACCEPT COMMENTS SUBMITTED IN WRITING
 AT SUCH PUBLIC FORUM AND BY MAIL OR ELECTRONIC MAIL WITHIN AT LEAST  TWO
 WEEKS FOLLOWING THE COMMUNITY FORUM.
   (D) REVISED CLOSURE PLAN. NO LATER THAN THIRTY DAYS AFTER THE COMMUNI-
 TY  FORUM,  THE  GENERAL HOSPITAL SHALL SUBMIT A REVISED CLOSURE PLAN TO
 THE DEPARTMENT ADDRESSING  CONCERNS  RAISED  BY  COMMUNITY  STAKEHOLDERS
 DURING  THE  COMMUNITY  FORUM.  THE  GENERAL HOSPITAL AND THE DEPARTMENT
 SHALL MAKE THE REVISED CLOSURE PLAN PUBLICLY AVAILABLE ON THEIR WEBSITES
 NO LATER THAN FORTY-FIVE DAYS AFTER THE COMMUNITY FORUM.
   (E) PUBLIC HEALTH AND HEALTH PLANNING COUNCIL REVIEW.  NO  LATER  THAN
 THIRTY  DAYS PRIOR TO THE PROPOSED CLOSURE, THE PUBLIC HEALTH AND HEALTH
 PLANNING COUNCIL, OR ANY SUCCESSOR ENTITY, SHALL HOLD A  PUBLIC  MEETING
 A. 1633--B                          6
 
 TO REVIEW THE APPLICATION, INCLUDING THE HEALTH EQUITY IMPACT ASSESSMENT
 AND  REVISED  CLOSURE  PLAN.  WITHIN  TWO  WEEKS AFTER SUCH MEETING, THE
 PUBLIC HEALTH AND HEALTH PLANNING COUNCIL SHALL MAKE A RECOMMENDATION TO
 THE COMMISSIONER FOR THE COMMISSIONER'S CONSIDERATION.
   4.  THE  COMMISSIONER  SHALL  MAKE THEIR DECISION TO EITHER APPROVE OR
 DENY THE CLOSURE PLAN WITHIN THIRTY DAYS FOLLOWING RECEIPT OF THE RECOM-
 MENDATION FROM THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL.
   5. AT LEAST THIRTY DAYS PRIOR TO A GENERAL HOSPITAL  APPLYING  TO  THE
 FEDERAL  CENTERS  FOR  MEDICARE  AND MEDICAID SERVICES TO CONVERT FROM A
 GENERAL  HOSPITAL WITH INPATIENTS TO A RURAL EMERGENCY HOSPITAL UNDER 42
 USC 1395X(KKK), OR SUCCESSOR PROVISIONS,   SUCH GENERAL  HOSPITAL  SHALL
 HOLD  A PUBLIC COMMUNITY FORUM FOR THE PURPOSE OF OBTAINING PUBLIC INPUT
 CONCERNING  THE ANTICIPATED IMPACT OF THE GENERAL HOSPITAL'S  CLOSURE OF
 INPATIENT  UNITS, INCLUDING BUT NOT LIMITED TO, THE IMPACT ON RECIPIENTS
 OF MEDICAL ASSISTANCE FOR NEEDY  PERSONS,  THE  UNINSURED,  PEOPLE  WITH
 DISABILITIES,  AND  MEDICALLY  UNDERSERVED  POPULATIONS, AND OPTIONS AND
 PROPOSALS TO AMELIORATE SUCH ANTICIPATED IMPACT.
   6. NO LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY-FIVE AND  ANNUALLY
 THEREAFTER,  THE COMMISSIONER SHALL PROVIDE A REPORT TO THE LEGISLATURE,
 INCLUDING BUT NOT LIMITED TO, IDENTIFYING THE GENERAL HOSPITAL  OR  UNIT
 OF A GENERAL HOSPITAL THAT HAS PROVIDED WRITTEN NOTICE OF A CLOSURE, THE
 PROPOSED CLOSURE DATE AND THE SERVICES IMPACTED BY THE PROPOSED CLOSURE.
 SUCH REPORT SHALL BE PROVIDED IN ELECTRONIC FORMAT AND SHALL BE DISTRIB-
 UTED  TO  THE TEMPORARY PRESIDENT AND MINORITY LEADER OF THE SENATE, THE
 SPEAKER AND MINORITY LEADER OF THE ASSEMBLY, THE  CHAIR  OF  THE  SENATE
 STANDING  COMMITTEE  ON  HEALTH,  AND  THE  CHAIR OF THE ASSEMBLY HEALTH
 COMMITTEE.
   7. NO PROVISION OF THIS SECTION SHALL MODIFY ANY OTHER REQUIREMENT  OR
 PROCESS  FOR  THE  CLOSURE  OF A GENERAL HOSPITAL OR A UNIT OF A GENERAL
 HOSPITAL THAT IS REQUIRED PURSUANT TO THIS CHAPTER  OR  THE  REGULATIONS
 PROMULGATED  PURSUANT TO IT, INCLUDING BUT NOT LIMITED TO ANY DEPARTMENT
 OR PUBLIC HEALTH AND HEALTH PLANNING COUNCIL REVIEW OR APPROVAL PROCESS.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a  law,  and  shall  not apply to any proposed closures on
 notice to the department as of the date it shall take effect.