Bill Text: NY A01738 | 2023-2024 | General Assembly | Introduced


Bill Title: Relates to creating the Brooklyn health care commission which shall be charged with examining the system of general hospitals, nursing homes, ambulatory and primary care facilities, and medical school facilities in Kings county and recommending changes to that system.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced) 2024-01-03 - referred to children and families [A01738 Detail]

Download: New_York-2023-A01738-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          1738

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 20, 2023
                                       ___________

        Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
          Committee on Children and Families

        AN ACT to amend the executive law, in relation to creating the  Brooklyn
          health care commission

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The executive law is amended by adding a new  article  49-C
     2  to read as follows:
     3                                ARTICLE 49-C
     4                       BROOKLYN HEALTH CARE COMMISSION
     5  Section 996.   Brooklyn health care commission.
     6          996-a. Kings county health care stakeholders council.
     7    §  996. Brooklyn health care commission. 1. There is hereby created in
     8  the executive department, a commission to  be  known  as  the  "Brooklyn
     9  health  care  commission,"  hereafter  referred  to as the "commission",
    10  which shall be charged with examining the system of  general  hospitals,
    11  nursing  homes,  ambulatory  and  primary  care  facilities, and medical
    12  school facilities in Kings  county  and  recommending  changes  to  that
    13  system.
    14    2.  The  commission shall consist of the following eleven members: (a)
    15  one member appointed by the temporary president of the senate;  (b)  one
    16  member  appointed  by  the  speaker  of  the  assembly;  (c)  one member
    17  appointed by the minority leader of the senate; (d) one member appointed
    18  by the minority leader of the assembly; (e) three members  appointed  by
    19  the  Kings county borough president, one member from each of the follow-
    20  ing three regions: (i) north of Atlantic Avenue; (ii) south and west  of
    21  Flatbush Avenue; and (iii) south of Atlantic Avenue and east of Flatbush
    22  Avenue;  (f)  two members appointed   by the mayor of New York city; and
    23  (g) two members appointed by the Governor.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04241-01-3

        A. 1738                             2

     1    3. The members of the commission shall  receive  no  compensation  for
     2  their  service  as members, but shall be allowed their actual and neces-
     3  sary expenses incurred in the performance of their duties.
     4    4.  The commission shall begin to act forty-five days after this arti-
     5  cle shall have become a law.
     6    5. The commissioner of health shall designate such  employees  of  the
     7  department  of  health  as  are  reasonably necessary to provide support
     8  services to the commission.
     9    6. The commissioner of health shall appoint: (a) one or more represen-
    10  tatives of the department to serve as a liaison between  the  department
    11  and the commission; (b) one or more representatives of the department to
    12  serve  as  a  liaison  between the Kings county health care stakeholders
    13  council and the commission.
    14    7. The director of the dormitory authority of the state  of  New  York
    15  shall  appoint  one  or more representatives to be a liaison between the
    16  commission and the authority.
    17    8. All departments, commissions and public authorities  of  the  state
    18  shall  be  required  to  provide  such  assistance  as may be reasonably
    19  requested by the chair of the commission.
    20    9. In carrying out its task, the commission shall:
    21    (a) conduct a complete  and  comprehensive  epidemiological  study  of
    22  Kings county's health care challenges and needs;
    23    (b)  conduct a complete and comprehensive usability study of what type
    24  and how much health care services are used by Kings county's  residents,
    25  and in which hospitals, primary care or urgent care facilities;
    26    (c) study the need for capacity in the general hospital, nursing home,
    27  medical  school,  ambulatory  care facilities and services, primary care
    28  facilities and services, urgent care  facilities  and  services,  public
    29  health  clinics,  and  home/community-based health care services in each
    30  region of Kings county;
    31    (d) study the capacity currently existing  in  such  systems  in  each
    32  region of Kings county;
    33    (e)  study  the economic impact of the economic failure of Kings coun-
    34  ty's hospitals, medical school and other health care facilities  on  the
    35  state,  city  and  Kings county economies, including the capacity of the
    36  health care system to provide employment  or  training  to  health  care
    37  workers affected by such eventualities;
    38    (f)  study  the amount of capital debt being carried by general hospi-
    39  tals and nursing homes, and such other entities  providing  health  care
    40  services  in  Kings  county,  and  the  nature of the bonding and credit
    41  enhancement, if any, supporting such debt, and the financial  status  of
    42  general  hospitals  and nursing homes, including revenues from Medicare,
    43  Medicaid, other government funds, and private third-party payors;
    44    (g) study the availability of  alternative  sources  of  funding  with
    45  regard  to the capital debt of all health care facilities in Kings coun-
    46  ty;
    47    (h) study the existence of other health care services in the  affected
    48  region,  including  the  availability  of services for the uninsured and
    49  underinsured, and including services  provided  other  than  by  general
    50  hospitals and nursing homes;
    51    (i)  study  the potential conversion of facilities or current facility
    52  capacity for uses other than as inpatient  or  residential  health  care
    53  facilities;
    54    (j)  study the extent to which a facility serves the health care needs
    55  of the region, including serving Medicaid recipients, the uninsured, and
    56  underserved communities; and

        A. 1738                             3

     1    (k) study the potential for improved quality of  care  and  the  redi-
     2  rection of resources from supporting excess capacity within Kings county
     3  toward  reinvestment into productive health care purposes in Kings coun-
     4  ty, and the extent to which the actions recommended  by  the  commission
     5  would  result  in  greater  stability  and efficiency in the delivery of
     6  needed health care services for a community.
     7    10. The commissioner of health  and  the  director  of  the  dormitory
     8  authority  of  the  state  of  New  York  may submit additional relevant
     9  factors to be considered in the deliberations  of  the  commission.  The
    10  commission  shall  also adopt additional factors to be considered in its
    11  deliberations, from among a list of such factors submitted by the  Kings
    12  county health care stakeholder's council.
    13    11. The commissioner shall also submit to the commission such informa-
    14  tion as may be available from the department of health on general hospi-
    15  tal and nursing home capacity, services and beds, availability of prima-
    16  ry  and  ambulatory  care  services,  and current number of beds in such
    17  facilities, including, but not limited to, information from:
    18    (a) operating certificate files;
    19    (b) institutional cost reports;
    20    (c) facility occupancy reports;
    21    (d) annual reports of the certificate of need program; and
    22    (e) the statewide planning and research cooperative system.
    23    12. Records submitted to the commission or any committee thereof shall
    24  not be subject to disclosure pursuant to article six of the public offi-
    25  cers law, unless the record  would  be  a  public  record  before  being
    26  submitted to the commission.
    27    13.  In  carrying  out  its  task,  the commission shall also formally
    28  solicit recommendations from health care experts, county health  depart-
    29  ments,  community-based  organizations,  state  and regional health care
    30  industry associations, labor unions  and  other  interested  parties  as
    31  broadly  as it considers it necessary and proper, and it shall take into
    32  account such recommendations and the recommendations of the Kings county
    33  health care stakeholders council during its deliberations. In developing
    34  its recommendations, the commission shall as far as practicable estimate
    35  the improvement in quality of care, financial status of  the  hospitals,
    36  and  all  other efficiencies that may be derived from reconfiguration of
    37  the Kings county health care system.
    38    14. The commission shall be finished with its study and  analysis  and
    39  provide its recommendations, along with suggested legislative and execu-
    40  tive  action,  including  but not limited to infrastructure investments,
    41  and refinancing of existing debt of general hospitals in  Kings  county,
    42  by December first, two thousand twenty-three.
    43    15.  The  commission and its deliberations shall be subject to article
    44  seven of the public officers law. The commissioners shall be  considered
    45  public officers.
    46    16. The commission shall adopt its bylaws on or by its second meeting.
    47    §  996-a.  Kings  county health care stakeholders council. 1. There is
    48  hereby created as part of the commission a council to be  known  as  the
    49  "Kings county health care stakeholders council" hereafter referred to as
    50  the  "council",  which  shall consist of the following nine members: (a)
    51  three members appointed by  the  Kings  county  borough  president,  one
    52  member  from  each of the following three regions; (i) north of Atlantic
    53  Avenue; (ii) south and west of  Flatbush  Avenue;  and  (iii)  south  of
    54  Atlantic Avenue and east of Flatbush Avenue; (b) three members appointed
    55  by  the  Governor,  one member from each of the following three regions:
    56  (i) north of Atlantic Avenue; (ii) south and west  of  Flatbush  Avenue;

        A. 1738                             4

     1  and  (iii) south of Atlantic Avenue and east of Flatbush Avenue; and (c)
     2  three members appointed by the  Mayor,  one  member  from  each  of  the
     3  following  three  regions:  (i) north of Atlantic Avenue; (ii) south and
     4  west  of Flatbush Avenue; and (iii) south of Atlantic Avenue and east of
     5  Flatbush Avenue.
     6    2. The members of the council shall receive no compensation for  their
     7  service as members.
     8    3.  The  council shall begin to act forty-five days after this article
     9  shall have become a law.
    10    4. The council shall have at least three public  meetings  during  the
    11  existence  of  the commission. Each meeting shall be held in a different
    12  region of Kings county.
    13    5. The council shall develop recommendations for the  commission  with
    14  regard  to  reconfiguring  Kings  county's  system of general hospitals,
    15  nursing homes, ambulatory  and  primary  care  facilities,  and  medical
    16  school facilities.
    17    6. In developing recommendations for the commission, the council shall
    18  foster discussions among, and conduct formal public hearings with requi-
    19  site  public  notice to solicit input from, local stakeholder interests,
    20  including but not limited to community-based organizations, health  care
    21  providers, labor unions, payers, businesses and consumers.
    22    § 2. This act shall take effect immediately.
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