NY State Senate Bill 2023-S8907A

Current Bill Status - In Assembly Committee

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2024	referred to health delivered to assembly passed senate ordered to third reading cal.1854 committee discharged and committed to rules
Jun 03, 2024	print number 8907a
Jun 03, 2024	amend (t) and recommit to health
Mar 26, 2024	referred to health

Votes

- Jun 6, 2024 - Floor Vote
  S8907A
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 6, 2024
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      excused (1)
      
      Walczyk
  Jun 6, 2024 - Rules Committee Vote
  S8907A
  
  19
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 6, 2024
      
      aye (19)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      aye wr (1)
      
      Helming

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2023-S8907 - Details

Current Committee:: Assembly Health
Law Section:: Public Health Law

2023-S8907 - Summary

Direct the department of health to complete a report of the impact of hospital closures on healthcare access in the state.

2023-S8907 - Sponsor Memo

                                 
BILL NUMBER: S8907

SPONSOR: GONZALEZ
 
TITLE OF BILL:

An act to amend the public health law, in relation to instituting a
moratorium on the closure of hospitals until the department of health
completes a comprehensive analysis of the impact of such closures on
healthcare access in New York state

 
PURPOSE:

This legislation is designed to halt the current wave of hospital
closures by implementing a statewide moratorium. The bill requires the
Department of Health to collect and evaluate detailed data on healthcare
facilities throughout New York State. This data will be used to identify
and address the specific needs of distressed healthcare facilities,
thereby safeguarding healthcare access statewide.

 
SUMMARY OF PROVISIONS:

Section 1: Provides the title which is the "2024 Hospital Closure Mora-

torium Act."

Section 2: Provides legislative findings and declares a public emergency
regarding hospital closures across New York State.

Section 3: Amends the public health law by adding a new section 2831,
which:

(1) Provides the definition of "healthcare facility" that will be used
in this section.

(2) Creates a moratorium on the closure of hospitals until the Depart-
ment of Health completes a statewide report on the aggregate impact of
the closure of hospitals.

(3) Sets out the requirements of the report concerning

a. statewide data, including the number of healthcare facilities, the
number of hospital beds, the average and number of Medicare and Medicaid
recipients, historical and projected market shares of all healthcare
providers, the median distance between providers, and

b. each healthcare facility, including patient demographics, the number
of Medicaid and Medicare recipients, the number of medical staff
employed, and transportation options for users of the facility.

(4) Requires the Department of Health to engage public health experts,
hospital labor representatives, community leaders, and New York State
residents when completing the report. The report must be distributed to
leaders in the legislature and posted publicly on the Department of
Health's website.

(5) Requires that the report be used to designate "distressed healthcare
zones," in which the Department of Health must reject any application
for closure by a healthcare facility and prioritize allocations of
healthcare spending.

Section 4: Provides that the bill shall take effect immediately and that
the commissioner of health and public health and the health planning
council shall make regulations and take other actions reasonably neces-
sary to implement the act.

 
JUSTIFICATION:

New York State is experiencing an undeclared healthcare emergency.
Currently, at least 12 hospitals in the state have filed applications
for closure, and 21 rural New York hospitals are at risk of immediate
closure. This trend threatens access to essential healthcare services
for millions of New Yorkers across the State and exacerbates existing
health disparities, disproportionately impacting the most vulnerable
populations in underserved areas.

In response to this urgent situation, this legislation imposes a morato-
rium on the closure of healthcare facilities, providing a crucial oppor-
tunity for the New York Department of Health to better understand this
crisis and intervene effectively. During this moratorium, the State
Department of Health will collect and analyze statewide data and data
from individual healthcare facilities to assess the current state of
healthcare in New York State and determine how further closures of
healthcare facilities might impact healthcare locally and statewide. By
examining factors such as geographic distribution, patient demographics,
financial viability, and quality of care, the Department of Health can
identify areas of need and develop targeted interventions to address
this ongoing healthcare emergency.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None to the State

 
EFFECTIVE DATE:
Immediately.

2023-S8907 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8907
 
                             I N  S E N A T E
 
                              March 26, 2024
                                ___________
 
 Introduced  by Sens. GONZALEZ, BAILEY, HINCHEY -- 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  instituting  a
   moratorium  on the closure of hospitals until the department of health
   completes a comprehensive analysis of the impact of such  closures  on
   healthcare access in New York state

   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 "2024 hospital closure moratorium act".
   §  2.  Legislative findings and declaration of emergency. The legisla-
 ture hereby finds and declares all of the following:
   1. The serious public emergency regarding hospital closures across New
 York state continues to exist, and this emergency puts individuals at  a
 heightened risk of death, illness, and economic hardship. These closures
 impact  both  public  and  private  healthcare  facilities, full-service
 hospitals, and critical care units.
   2. The legislature therefore finds  and  declares  that  in  order  to
 prevent  death, hardship, and other negative health outcomes to New York
 state residents, the provisions of this act  are  necessary  to  protect
 public  health, safety, and general welfare. The necessity in the public
 interest for the provisions hereinafter enacted is hereby declared as  a
 matter of legislative determination.
   §  3. The public health law is amended by adding a new section 2831 to
 read as follows:
   § 2831. HOSPITAL CLOSURE MORATORIUM. 1. FOR PURPOSES OF THIS  SECTION,
 "HEALTHCARE  FACILITY" SHALL MEAN HOSPITALS AND OTHER HEALTHCARE CENTERS
 PROVIDING EMERGENCY  SERVICES,  INTENSIVE  CARE  SERVICES,  CARDIAC  AND
 STROKE  SERVICES, MATERNITY SERVICES, CANCER TREATMENT SERVICES, PSYCHI-
 ATRIC EMERGENCY SERVICES, GENDER IDENTITY SERVICES, URGENT CARE SERVICES
 AND PEDIATRIC SERVICES.
   2. NOTWITHSTANDING ANY PROVISION OF LAW, RULE  OR  REGULATION  TO  THE
 CONTRARY,  THE  STATE  SHALL  INSTITUTE  A  MORATORIUM ON THE CLOSURE OF
 HOSPITALS UNTIL THE DEPARTMENT COMPLETES A  STATEWIDE  REPORT  EXAMINING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15041-01-4
 S. 8907                             2
 
 THE  AGGREGATE  IMPACT OF SUCH CLOSURES ON HEALTHCARE ACCESS IN NEW YORK
 STATE.  DURING SUCH MORATORIUM, NO HOSPITAL SHALL CLOSE OR REDUCE CAPAC-
 ITY BELOW THE HOSPITAL'S CAPACITY AS OF  THE  DATE  THE  MORATORIUM  WAS
 IMPOSED  UNLESS  THE DEPARTMENT REQUESTS AN EXEMPTION FOR THE HEALTHCARE
 FACILITY AND SAID EXEMPTION IS APPROVED BY THE LEGISLATURE.
   3. THE REPORT SHALL COLLECT DATA INCLUDING BUT NOT LIMITED TO:
   (A) STATEWIDE DATA ON:
   (I) THE NUMBER OF HEALTHCARE FACILITIES IN EACH COUNTY;
   (II) THE AVERAGE NUMBER OF TOTAL AND AVAILABLE HOSPITAL BEDS  IN  EACH
 COUNTY;
   (III)  THE AVERAGE NUMBER OF MEDICARE AND MEDICAID RECIPIENTS, AND THE
 PERCENTAGE OF INSURED AND UNINSURED PATIENTS SERVED, BY COUNTY;
   (IV) THE NUMBER OF MEDICARE AND MEDICAID RECIPIENTS, AND THE  PERCENT-
 AGE OF INSURED AND UNINSURED PATIENTS SERVED, BY COUNTY;
   (V)  HISTORICAL  AND  PROJECTED MARKET SHARES OF ALL HOSPITAL NETWORKS
 AND HEALTHCARE SERVICE PROVIDERS IN NEW YORK STATE; AND
   (VI) THE MEDIAN DISTANCE BETWEEN HEALTHCARE  FACILITIES  THAT  PROVIDE
 SIMILAR SERVICES; AND
   (B) DATA BY HEALTHCARE FACILITIES ON:
   (I) THE RACE, SEX, GENDER, AGE, ECONOMIC STATUS, AND DISABILITY STATUS
 OF PATIENTS SERVED BY EACH HEALTHCARE FACILITY;
   (II)  THE NUMBER OF MEDICARE AND MEDICAID RECIPIENTS, AND THE PERCENT-
 AGE OF INSURED AND UNINSURED PATIENTS SERVED;
   (III) THE NUMBER OF PHYSICIANS AND PROFESSIONAL STAFF EMPLOYED AT  THE
 HEALTHCARE FACILITY; AND
   (IV)  ACCESS TO THE HEALTHCARE FACILITY BY PUBLIC OR PRIVATE TRANSPOR-
 TATION, INCLUDING TRANSPORTATION SPONSORED BY  THE  HEALTHCARE  FACILITY
 ITSELF.
   4. IN COMPLETING THIS REPORT, THE DEPARTMENT SHALL MEANINGFULLY ENGAGE
 PUBLIC  HEALTH EXPERTS, LABOR REPRESENTATIVES OF THE HOSPITAL WORKFORCE,
 COMMUNITY LEADERS AND RESIDENTS OF NEW YORK STATE. THE FINDINGS OF  SUCH
 REPORT  SHALL  BE PROVIDED IN ELECTRONIC FORMAT AND SHALL BE DISTRIBUTED
 TO THE TEMPORARY PRESIDENT AND MINORITY LEADER OF THE SENATE, THE SPEAK-
 ER AND MINORITY LEADER OF THE ASSEMBLY, THE CHAIR OF THE SENATE STANDING
 COMMITTEE ON HEALTH, AND THE CHAIR OF THE ASSEMBLY HEALTH COMMITTEE. THE
 DEPARTMENT SHALL PUBLICLY POST THE REPORT ON  THE  DEPARTMENT'S  WEBSITE
 WITHIN ONE WEEK OF THE FILING.
   5.  THE  REPORT  SHALL  USE  THE DATA COLLECTED TO DEFINE AND IDENTIFY
 AREAS AT RISK OF FUTURE HOSPITAL CLOSURES. THESE AREAS SHALL  BE  DESIG-
 NATED  "DISTRESSED HEALTHCARE ZONES". THE DEPARTMENT SHALL REJECT APPLI-
 CATIONS FOR CLOSURES ISSUED BY HEALTHCARE FACILITIES IN  ANY  DISTRESSED
 HEALTHCARE  ZONE.  DISTRESSED HEALTHCARE ZONES SHALL BE PRIORITIZED WHEN
 ALLOCATING HEALTHCARE SPENDING.
   § 4. This act shall  take  effect  immediately.  The  commissioner  of
 health  and  the  public  health  and health planning council shall make
 regulations and take other actions  reasonably  necessary  to  implement
 this act.

co-Sponsors

View additional co-sponsors

2023-S8907A (ACTIVE) - Details

Current Committee:: Assembly Health
Law Section:: Public Health Law

2023-S8907A (ACTIVE) - Summary

Direct the department of health to complete a report of the impact of hospital closures on healthcare access in the state.

2023-S8907A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8907A

SPONSOR: GONZALEZ
 
TITLE OF BILL:

An act to direct the department of health complete a report on the
impact of hospital closures on healthcare access in New York state

 
PURPOSE:

The bill requires the Department of Health to collect and evaluate
detailed data on healthcare facilities throughout New York State.  This
data will be used to identify and address the specific needs of
distressed healthcare facilities, thereby safeguarding healthcare access
statewide.

 
SUMMARY OF PROVISIONS:

  Section  1:  Provides legislative findings and declares a public emer-
gency regarding hospital closures across New York State.   Sets out  the
requirements of the report concerning

  a.  statewide data, including the number of healthcare facilities, the
number of hospital beds, the average and number of Medicare and Medicaid
recipients, historical and projected market  shares  of  all  healthcare
providers,  the  travel  times  between  providers,  and each healthcare
facility, including patient demographics, the  number  of  Medicaid  and
Medicare recipients, the number of medical staff employed, and transpor-
tation options for users of the facility, and the financial viability of
the  hospital services. The report must be distributed to leaders in the
legislature and posted publicly on the Department of Health's website.

  b. Relates to the department of health  to  identify  data  listed  in
paragraph  (a)  of  this subdivision and if unable to collect such data,
the department of health must provide an explanation on  its  reasonings
it was unable to collect.

  c.  Establishes a data for which the department of health must produce
a report on the findings of such study, and it must  be  distributed  to
the  legislature and post on the department of health website within one
week of the distribution of the report.

  Section 2: Requires that the report be used to  designate  "distressed
healthcare  zones,"  in  which  the Department of Health must reject any
application for closure by a healthcare facility  and  prioritize  allo-
cations of healthcare spending.

  Section  3:  The  department  of health shall issue successive reports
every three years after initial report and update distressed  healthcare
zones  and  such  distressed  healthcare zones shall be prioritized when
allocating healthcare spending.

 
JUSTIFICATION:

New York State  is  experiencing  an  undeclared  healthcare  emergency.
Currently,  at  least  12 hospitals in the state have filed applications
for closure, and 21 rural New York hospitals are at  risk  of  immediate
closure.  This  trend  threatens access to essential healthcare services
for millions of New Yorkers across the State  and  exacerbates  existing
health  disparities,  disproportionately  impacting  the most vulnerable
populations in underserved areas.  During  this  moratorium,  the  State
Department  of  Health  will collect and analyze statewide data and data
from  individual  healthcare  facilities  to assess the current state of
healthcare in New York State  and  determine  how  further  closures  of
healthcare facilities might impact healthcare locally and statewide.  By
examining factors such as geographic distribution, patient demographics,
financial  viability,  and quality of care, the Department of Health can
identify areas of need and develop  targeted  interventions  to  address
this ongoing healthcare emergency.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the State

 
EFFECTIVE DATE:
Immediately.

2023-S8907A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8907--A
 
                             I N  S E N A T E
 
                              March 26, 2024
                                ___________
 
 Introduced  by  Sens.  GONZALEZ,  BAILEY,  BRISPORT, GOUNARDES, HINCHEY,
   HOYLMAN-SIGAL, KRUEGER, SALAZAR,  SKOUFIS,  WEBB  --  read  twice  and
   ordered  printed, and when printed to be committed to the Committee on
   Health -- committee discharged, bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to  direct  the  department  of health complete a report on the
   impact of hospital closures on healthcare access in New York state
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. The legislature hereby finds:
   1. The serious public emergency regarding hospital closures across New
 York  state continues to exist, and this emergency puts individuals at a
 heightened risk of death, illness, and economic hardship. These closures
 impact both public and private general hospitals or  healthcare  facili-
 ties owned by one or more hospital networks, full-service hospitals, and
 critical care units.
   2.  The legislature finds and declares that in order to prevent death,
 hardship, and other negative health outcomes to  New  York  state  resi-
 dents,  the  provisions  of  this  act  are  necessary to protect public
 health, safety, and general  welfare.    The  following  provisions  are
 designed  to  strengthen  the already established department of health's
 ongoing reporting efforts and ensure that  the  findings  are  presented
 clearly  and  are  accessible to the general public and the legislature.
 The necessity in the public interest is hereby declared as a  matter  of
 legislative determination.
   §  2. 1. The department of health shall produce a report that examines
 the aggregate impact of the closure of general  hospitals  and  hospital
 networks  on  healthcare access in this state.  In producing such report
 the  department  of  health  shall  meaningfully  engage  public  health
 experts,  labor  representatives  of  the  hospital workforce, community
 leaders and residents of New York state.
   (a) The report shall include statewide  data  on,  including  but  not
 limited to:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15041-07-4

 S. 8907--A                          2
 
   (i)  the  number of hospitals and hospital networks in each county or,
 where relevant, zip code;
   (ii)  the  average number of total and available hospital beds in each
 county or, where relevant, zip code;
   (iii) the number of acute care hospital beds per  one  thousand  resi-
 dents by county or, where relevant, zip code;
   (iv)  the number of medicare and Medicaid recipients, and the percent-
 age of insured and uninsured patients served, by county or, where  rele-
 vant, zip code;
   (v)  projected market shares of all hospitals and hospital networks in
 New York state;
   (vi) the financial condition of the hospitals  and  hospital  networks
 that  have  submitted  a  proposal  to close to the department of health
 within the past year, which shall include, but not be limited to:
   (1)  the financial viability of the services and units  hospitals  are
 proposing to terminate, transfer and merge; and
   (2)  the financial impact hospitals and hospital networks will have if
 they continue to operate without closing  or  reducing  or  transferring
 services;
   (vii)   the  travel  times  between  hospitals  that  provide  similar
 services, which shall include, but not be limited to, travel  times  for
 public transportation options;
   (viii)  the  number  and  location  of  hospitals  that have closed or
 reduced services in the previous five years, including but  not  limited
 to unit closures or reductions in patient capacity; and
   (ix)  regions where additional hospitals are currently needed based on
 public needs;
   (x) the race, sex, gender, age, economic status, and disability status
 of patients served by each hospital and hospital network in the previous
 five years;
   (xi) the payor mix of the patients served by  each  hospital  for  the
 previous five years, including but not limited to the number of medicare
 and  Medicaid  recipients,  and  the percentage of insured and uninsured
 patients served;
   (xii) the number of staff currently  employed  at  each  hospital  and
 hospital  network,  including but not limited to an itemized listing, by
 profession, of healthcare workers, as well as administrative and support
 workers;
   (xiii) access to each hospital  and  hospital  network  by  public  or
 private transportation, including transportation sponsored by the hospi-
 tal and hospital network itself;
   (xiv)  the  nature and scope of healthcare services currently provided
 in each hospital and hospital network; and
   (xv) the change in  service  volume  in  each  hospital  and  hospital
 network  for  the  previous  five years, which shall include, but not be
 limited to:
   (1) a thirty day average daily census of inpatient beds; and
   (2) a thirty day average wait time to be admitted from  the  emergency
 room.
   (b) If the department of health does not have access to the data list-
 ed  in  paragraph  (a) of this subdivision, the department shall collect
 such data or provide an explanation why it is  unable  to  collect  such
 data.
   (c) The department of health shall produce a report on the findings of
 such study no later than April 1, 2025. Such report shall be provided in
 electronic format and shall be distributed to the temporary president of
 S. 8907--A                          3
 
 the  senate, the speaker of the assembly, the chair of the senate stand-
 ing committee on health, and the chair of the assembly health committee.
 The department of health shall publicly post the report on  the  depart-
 ment of health's website within one week of the distribution.
   2.  The  report  shall  use  the data collected to define and identify
 areas at risk of future hospital closures. These areas shall  be  desig-
 nated "distressed healthcare zones".
   3.  The department of health shall issue successive reports containing
 the information in paragraph (a) of  subdivision  one  of  this  section
 every three years after the initial report. Each successive report shall
 update  designations  of  distressed  healthcare  zones  as  the  report
 mandates. Distressed healthcare zones shall be prioritized when allocat-
 ing healthcare spending and when issuing a  certificate  of  need.  Such
 findings  shall be drafted in clear and concise language readily compre-
 hensible for members of the public in general.
   § 3. This act shall  take  effect  immediately.  The  commissioner  of
 health  and  the  public  health  and health planning council shall make
 regulations and take other actions  reasonably  necessary  to  implement
 this act.

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Senate Bill S8907A

Sponsored By

Current Bill Status - In Assembly Committee

Jun 6, 2024 - Floor Vote

Floor Vote: Jun 6, 2024

Jun 6, 2024 - Rules Committee Vote

Rules Committee Vote: Jun 6, 2024

Bill Amendments

co-Sponsors

2023-S8907 - Details

2023-S8907 - Summary

2023-S8907 - Sponsor Memo

2023-S8907 - Bill Text download pdf

co-Sponsors

2023-S8907A (ACTIVE) - Details

2023-S8907A (ACTIVE) - Summary

2023-S8907A (ACTIVE) - Sponsor Memo

2023-S8907A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8907A

Share this bill

Sponsored By

Current Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2023-S8907 - Details

2023-S8907 - Summary

2023-S8907 - Sponsor Memo

2023-S8907 - Bill Text download pdf

co-Sponsors

2023-S8907A (ACTIVE) - Details

2023-S8907A (ACTIVE) - Summary

2023-S8907A (ACTIVE) - Sponsor Memo

2023-S8907A (ACTIVE) - Bill Text download pdf

Comments