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