Bill Text: NY A01750 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the public health law, in relation to site selection of a hospice residence

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2010-02-08 - REFERRED TO HEALTH [A01750 Detail]

Download: New_York-2009-A01750-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1750
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                    January 9, 2009
                                      ___________
       Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
         Committee on Health
       AN ACT to amend the public health law, in relation to site selection  of
         a hospice residence
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The public health law is amended by adding  a  new  section
    2  4014-a to read as follows:
    3    S  4014-A. HOSPICE RESIDENCES; SITE SELECTION.  1. FOR THE PURPOSES OF
    4  THIS SECTION, "MUNICIPALITY" MEANS A VILLAGE; A TOWN,  WITH  RESPECT  TO
    5  ANY  LOCATION  THAT IS IN A TOWN BUT NOT IN A VILLAGE IN THAT TOWN; OR A
    6  CITY, EXCEPT THAT IN THE CITY OF NEW  YORK,  THE  COMMUNITY  BOARD  WITH
    7  JURISDICTION OVER A LOCATION SHALL BE CONSIDERED THE MUNICIPALITY.
    8    2.  IF  A  HOSPICE  INTENDS  TO ESTABLISH A HOSPICE RESIDENCE WITHIN A
    9  MUNICIPALITY BUT DOES NOT HAVE A SPECIFIC SITE SELECTED, IT  MAY  NOTIFY
   10  THE  CHIEF EXECUTIVE OFFICER OF THE MUNICIPALITY AND THE COMMISSIONER IN
   11  WRITING OF ITS INTENTIONS AND INCLUDE IN THE NOTICE A DESCRIPTION OF THE
   12  NATURE AND SIZE OF THE PROGRAM, INCLUDING THE INTENDED NUMBER  OF  BEDS.
   13  THIS SUBDIVISION SHALL NOT PRECLUDE THE ESTABLISHMENT OF A HOSPICE RESI-
   14  DENCE UNDER SUBDIVISION THREE OF THIS SECTION.
   15    3.  (A) IF A HOSPICE INTENDS TO ESTABLISH A HOSPICE RESIDENCE WITHIN A
   16  MUNICIPALITY AND HAS A SPECIFIC SITE SELECTED, IT SHALL NOTIFY THE CHIEF
   17  EXECUTIVE OFFICER OF THE MUNICIPALITY AND THE  COMMISSIONER  IN  WRITING
   18  AND  INCLUDE  IN  THE NOTICE A DESCRIPTION OF THE NATURE AND SIZE OF THE
   19  PROGRAM, INCLUDING THE ADDRESS OF THE SITE AND THE  INTENDED  NUMBER  OF
   20  BEDS.  THE  MUNICIPALITY  SHALL HAVE FORTY DAYS AFTER THE RECEIPT OF THE
   21  NOTICE TO:
   22    (I) APPROVE THE SITE SELECTED BY THE HOSPICE;
   23    (II) SUGGEST ONE OR MORE ALTERNATIVE SUITABLE SITES WITHIN ITS  JURIS-
   24  DICTION WHICH COULD ACCOMMODATE SUCH A FACILITY AND ARE PREFERRED BY THE
   25  MUNICIPALITY; OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01119-01-9
       A. 1750                             2
    1    (III)  OBJECT TO THE ESTABLISHMENT OF A HOSPICE RESIDENCE BECAUSE SUCH
    2  ESTABLISHMENT MAY RESULT IN THE OVERSATURATION OF THE MUNICIPALITY  WITH
    3  RESIDENTIAL  FACILITIES  LICENSED  OR OPERATED BY STATE OR LOCAL GOVERN-
    4  MENT, INCLUDING  COMMUNITY  RESIDENCES,  INTERMEDIATE  CARE  FACILITIES,
    5  RESIDENTIAL CARE FACILITIES FOR ADULTS AND RESIDENTIAL TREATMENT FACILI-
    6  TIES  FOR  INDIVIDUALS WITH MENTAL ILLNESS OR DEVELOPMENTAL DISABILITIES
    7  AND ALL SIMILAR RESIDENTIAL FACILITIES, NOTWITHSTANDING  THE  UNIQUENESS
    8  OF  BOTH  THE POPULATION SERVED AND THE SERVICES PROVIDED AT THE HOSPICE
    9  RESIDENCE AND THE NEED FOR THE HOSPICE RESIDENCE IN THE MUNICIPALITY.
   10    (B) THE MUNICIPALITY SHALL SEND WRITTEN NOTICE  OF  ITS  DETERMINATION
   11  UNDER  PARAGRAPH  (A) OF THIS SUBDIVISION TO THE HOSPICE AND THE COMMIS-
   12  SIONER.  IF THE MUNICIPALITY DOES NOT MAKE A  DETERMINATION  WITHIN  THE
   13  FORTY  DAYS,  THE PROPOSED HOSPICE RESIDENCE SHALL BE DEEMED APPROVED BY
   14  THE MUNICIPALITY FOR PURPOSES OF THIS SECTION.
   15    (C) PRIOR TO MAKING A DETERMINATION UNDER PARAGRAPH (A) OF THIS SUBDI-
   16  VISION, THE MUNICIPALITY MAY HOLD A PUBLIC HEARING.
   17    (D) (I) IF THE MUNICIPALITY APPROVES THE SITE PROPOSED BY THE HOSPICE,
   18  THE HOSPICE MAY, FOR PURPOSES OF THIS SECTION,  ESTABLISH  THE  PROPOSED
   19  HOSPICE RESIDENCE AT THE SITE.
   20    (II) IF AN ALTERNATIVE SITE OR SITES SUGGESTED BY THE MUNICIPALITY ARE
   21  ACCEPTABLE  TO  THE  HOSPICE,  THE  HOSPICE  MAY,  FOR  PURPOSES OF THIS
   22  SECTION, ESTABLISH THE PROPOSED HOSPICE RESIDENCE AT ONE OF THE ALTERNA-
   23  TIVE SITES.
   24    (III) IF NONE OF THE ALTERNATIVE SITES SUGGESTED BY  THE  MUNICIPALITY
   25  IS  ACCEPTABLE  TO  THE  HOSPICE,  THE HOSPICE MAY SO NOTIFY THE MUNICI-
   26  PALITY, WHICH SHALL HAVE FIFTEEN DAYS AFTER RECEIPT  OF  THE  NOTICE  TO
   27  SUGGEST AN ALTERNATIVE SITE OR SITES FOR THE PROPOSED HOSPICE RESIDENCE.
   28    (IV)  IF  THE MUNICIPALITY OBJECTS TO ESTABLISHMENT OF A HOSPICE RESI-
   29  DENCE IN THE MUNICIPALITY UNDER SUBPARAGRAPH (III) OF PARAGRAPH  (A)  OF
   30  THIS  SUBDIVISION,  OR THE HOSPICE DOES NOT ACCEPT ANY SITE SUGGESTED BY
   31  THE MUNICIPALITY, AND THE MUNICIPALITY AND THE HOSPICE CANNOT AGREE ON A
   32  SITE, THEN EITHER THE HOSPICE OR THE MUNICIPALITY MAY REQUEST AN IMMEDI-
   33  ATE HEARING BEFORE THE COMMISSIONER OR THE COMMISSIONER'S  DESIGNEE.  IN
   34  REVIEWING  ANY  SUCH OBJECTIONS, THE NEED FOR A HOSPICE RESIDENCE IN THE
   35  MUNICIPALITY SHALL BE CONSIDERED AS SHALL THE EXISTING CONCENTRATION  OF
   36  RESIDENTIAL  FACILITIES  AND  OTHER SIMILAR FACILITIES LICENSED BY OTHER
   37  STATE AGENCIES IN THE MUNICIPALITY OR IN THE AREA IN  PROXIMITY  TO  THE
   38  SITE  SELECTED  AND  ANY  OTHER FACILITIES IN THE MUNICIPALITY OR IN THE
   39  AREA IN PROXIMITY TO THE SITE SELECTED.  THE COMMISSIONER SHALL  SUSTAIN
   40  THE  OBJECTION  IF HE OR SHE DETERMINES THAT THE NATURE AND CHARACTER OF
   41  THE AREA IN WHICH THE FACILITY IS  TO  BE  BASED  MAY  BE  SUBSTANTIALLY
   42  ALTERED  AS  A  RESULT  OF  ESTABLISHMENT  OF  THE HOSPICE RESIDENCE, OR
   43  APPROVE THE ESTABLISHMENT OF THE  PROPOSED  HOSPICE  RESIDENCE  FOR  THE
   44  PURPOSES  OF  THIS  SECTION. THE COMMISSIONER SHALL MAKE A DETERMINATION
   45  WITHIN THIRTY DAYS OF THE HEARING.
   46    4. A DECISION BY THE COMMISSIONER UNDER THIS SECTION MAY  BE  REVIEWED
   47  IN  A PROCEEDING PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE
   48  LAW AND RULES.
   49    5. THE DEPARTMENT SHALL  NOT  ISSUE  AN  OPERATING  CERTIFICATE  TO  A
   50  HOSPICE  FOR  OPERATION  OF  A HOSPICE RESIDENCE IF THE HOSPICE DOES NOT
   51  NOTIFY THE MUNICIPALITY OF ITS INTENTION TO ESTABLISH THE HOSPICE  RESI-
   52  DENCE  AS  REQUIRED  BY SUBDIVISION THREE OF THIS SECTION. ANY OPERATING
   53  CERTIFICATE ISSUED WITHOUT COMPLIANCE WITH THIS SECTION SHALL BE CONSID-
   54  ERED NULL AND VOID AND  CONTINUED  OPERATION  OF  THE  FACILITY  MAY  BE
   55  ENJOINED.
       A. 1750                             3
    1    6.  THIS  SECTION  SHALL  NOT  APPLY TO THE ESTABLISHMENT OF A HOSPICE
    2  RESIDENCE WITHIN AN ESTABLISHED FACILITY SUCH AS, BUT NOT LIMITED TO,  A
    3  NURSING HOME OR ADULT HOME.
    4    7.  A HOSPICE RESIDENCE APPROVED FOR PURPOSES OF THIS SECTION SHALL BE
    5  DEEMED A FAMILY UNIT, FOR THE PURPOSES OF LOCAL LAWS AND ORDINANCES.
    6    S 2. This act shall take effect immediately.