Senate Bill S8843A

2023-2024 Legislative Session

Requires 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

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Current Bill Status - Passed Senate & Assembly


  • 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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co-Sponsors

2023-S8843 - Details

See Assembly Version of this Bill:
A1633
Law Section:
Public Health Law
Laws Affected:
Amd §2801-g, Pub Health L
Versions Introduced in Other Legislative Sessions:
2015-2016: A6417
2017-2018: A1015
2019-2020: A2986
2021-2022: A2251

2023-S8843 - Summary

Requires 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.

2023-S8843 - Sponsor Memo

2023-S8843 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8843
 
                             I N  S E N A T E
 
                              March 20, 2024
                                ___________
 
 Introduced  by  Sens.  RIVERA, KAVANAGH, GONZALEZ, MYRIE, HINCHEY, WEBB,
   KRUEGER -- read twice and ordered printed,  and  when  printed  to  be
   committed to the Committee on Health
 
 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. WRITTEN NOTIFICATION OF A PROPOSED CLOSURE OF A GENERAL  HOSPITAL  OR
 UNIT  OF  A  GENERAL HOSPITAL MUST BE PROVIDED TO THE DEPARTMENT AND ALL
 PARTIES LISTED IN SUBDIVISION SEVEN OF THIS SECTION NO  LATER  THAN  TWO
 HUNDRED  SEVENTY  DAYS  PRIOR  TO THE PROPOSED CLOSURE DATE.  AS USED IN
 THIS SECTION, "UNIT" MEANS A PORTION OF A GENERAL HOSPITAL  THAT  OFFERS
 EMERGENCY,  MATERNITY,  AND  MENTAL  HEALTH  OR  SUBSTANCE USE SERVICES.
 "UNIT" SHALL ALSO MEAN ANY  OTHER  HOSPITAL  SERVICE  OR  HEALTH-RELATED
 SERVICE  OF  A  HOSPITAL,  INCLUDING  SPECIALTY  CARE  SERVICES,  IF THE
 PROPOSED CLOSURE WILL RESULT IN THE REDUCTION OR UNAVAILABILITY OF  SUCH
 SERVICES IN THE HOSPITAL'S SERVICE AREA OR COUNTY WHERE IT IS LOCATED.
   2.  A  GENERAL  HOSPITAL  THAT SEEKS TO CLOSE ENTIRELY OR CLOSE ONE OR
 MORE UNITS SHALL SUBMIT AN APPLICATION THAT REQUIRES REVIEW AND APPROVAL
 BY THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, OR ANY SUCCESSOR ENTI-
 TY. 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 WITHOUT
 PRIOR WRITTEN APPROVAL BY THE COMMISSIONER. AS  USED  IN  THIS  SECTION,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2023-S8843A (ACTIVE) - Details

See Assembly Version of this Bill:
A1633
Law Section:
Public Health Law
Laws Affected:
Amd §2801-g, Pub Health L
Versions Introduced in Other Legislative Sessions:
2015-2016: A6417
2017-2018: A1015
2019-2020: A2986
2021-2022: A2251

2023-S8843A (ACTIVE) - Summary

Requires 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.

2023-S8843A (ACTIVE) - Sponsor Memo

2023-S8843A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8843--A
     Cal. No. 837
 
                             I N  S E N A T E
 
                              March 20, 2024
                                ___________
 
 Introduced  by  Sens.  RIVERA, KAVANAGH, GONZALEZ, MYRIE, HINCHEY, WEBB,
   KRUEGER, BAILEY, BRESLIN, BRISPORT,  HARCKHAM,  HOYLMAN-SIGAL,  RAMOS,
   SALAZAR, SCARCELLA-SPANTON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health -- reported favora-
   bly  from  said committee, ordered to first and second report, ordered
   to a third reading, amended and ordered reprinted, retaining its place
   in the 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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