S T A T E O F N E W Y O R K
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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.