Bill Text: NY A02251 | 2021-2022 | General Assembly | Amended
Bill Title: Relates to the closure of hospitals; includes general hospitals, emergency or maternity departments or the surrender of an operating certificate.
Spectrum: Partisan Bill (Democrat 27-0)
Status: (Engrossed - Dead) 2022-04-04 - REFERRED TO HEALTH [A02251 Detail]
Download: New_York-2021-A02251-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2251--A Cal. No. 100 2021-2022 Regular Sessions IN ASSEMBLY January 14, 2021 ___________ Introduced by M. of A. SIMON -- Multi-Sponsored by -- M. of A. ABINANTI, BARNWELL, CARROLL, COOK, DAVILA, EPSTEIN, GOTTFRIED, HEVESI, PAULIN, SEAWRIGHT, STECK, WALKER -- read once and referred to the Committee on Health -- ordered to a third reading, amended and ordered reprinted, retaining its place on the order of third reading AN ACT to amend the public health law, in relation to the closure of hospitals or emergency or maternity departments The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "local 2 input in community healthcare act". 3 § 2. The public health law is amended by adding a new section 2801-i 4 to read as follows: 5 § 2801-i. Closure of hospitals and certain hospital departments. 1. 6 Notwithstanding any provision of law to the contrary, the closure of a 7 general hospital or an emergency or maternity department, or surrender 8 of an operating certificate pursuant to this article shall be subject to 9 review and approval by the commissioner. 10 2. (a) When a facility applies to the commissioner for the closure of 11 a general hospital or an emergency or maternity department, the facility 12 must include a closure plan, including: 13 (1) the anticipated impact of the general hospital's or department's 14 closure on access to health care services by members of the surrounding 15 communities, including but not limited to recipients of medical assist- 16 ance for needy persons, the uninsured, and underserved populations 17 including people with disabilities; 18 (2) specific measures the facility and other parties have taken or 19 would take to ameliorate such anticipated impact on the communities; 20 (3) any further recommendations regarding access to health care 21 services in communities impacted by the closure; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01082-02-2A. 2251--A 2 1 (4) efforts to identify an alternate operator or efforts to request 2 that the state assess its ability to assume financial responsibility. 3 (b) No later than thirty days after receipt of an application for 4 closure of a general hospital the commissioner shall submit a written 5 notification to the county executive or president of the borough within 6 which the facility is located, the congressional representative for the 7 district in which the facility is located, and the state senator and the 8 assembly member representing the area within which the facility is 9 located, the city or county department of health, and where applicable, 10 the community board or the city council member representing the area 11 within which the facility is located. Such written notification shall 12 include: 13 (1) a complete copy of the hospital or department closure plan; and 14 (2) complete copies of the application or request for closure. 15 (c) The commissioner shall also make a full copy of such notification 16 available to the public on the department's website. 17 (d) The commissioner shall also notify the public of such application 18 for closure through a press release and the posting of a notice at the 19 affected hospital. 20 3. Upon any decision by the commissioner to approve or reject an 21 application for closure of a general hospital or an emergency or mater- 22 nity department, the commissioner shall make available to the public on 23 the department's website a written report including: 24 (a) a summary of the issues and proposals raised pursuant to subdivi- 25 sion one of section twenty-eight hundred one-g of this article; 26 (b) a statement of the reasons why any significant alternative 27 proposals made pursuant to subdivision one of section twenty-eight 28 hundred one-g of this article were or were not incorporated into the 29 final closure plan; 30 (c) a description of any changes made to the proposed closure plan as 31 a result of the issues or proposals raised pursuant to subdivision one 32 of section twenty-eight hundred one-g of this article; 33 (d) the anticipated impact of the general hospital's or department's 34 closure on access to health care services by members of the surrounding 35 community, including but not limited to, recipients of medical assist- 36 ance for needy persons, the uninsured, and underserved populations 37 including people with disabilities; 38 (e) the specific measures the facility, the department and other 39 parties have taken or will take to ameliorate the anticipated impact; 40 (f) an assessment of the ability of the state to assume financial 41 responsibility or identify an alternate operator; 42 (g) any further recommendations regarding access to health care 43 services in communities impacted by the general hospital's or emergency 44 or maternity department's closure; 45 (h) information about transitional medical services to the impacted 46 communities, including but not limited to arrangements for continuity of 47 care; and 48 (i) a complete copy of the proposed decision of the commissioner 49 regarding the closure of the hospital or emergency or maternity depart- 50 ment, including all proposed terms, conditions and plans for providing 51 health services to the affected communities and populations. 52 4. The commissioner may only approve the application if he or she 53 reasonably determines that the needs of the community and impacted 54 stakeholders, including but not limited to access to emergency medical 55 care, can be adequately met.A. 2251--A 3 1 5. No closure shall be approved under this section unless the commis- 2 sioner complies with the provisions of this section and the provisions 3 of section twenty-eight hundred one-g of this article. 4 6. The commissioner shall promulgate any rules necessary to effectuate 5 the provisions of this section. 6 § 3. Section 2801-g of the public health law, as added by chapter 541 7 of the laws of 2010, is amended to read as follows: 8 § 2801-g. Community forum on hospital closure. 1. No later than 9 [thirty] forty-five days after [the] an application for closure of a 10 general hospital, or an emergency or maternity department, and at least 11 sixty days prior to the proposed closure date, the commissioner shall 12 hold a public community forum for the purpose of obtaining public input 13 concerning the anticipated impact of the general hospital's or emergency 14 or maternity department's closure on access to health care services by 15 members of the surrounding community, including but not limited to 16 recipients of medical assistance for needy persons, the uninsured, and 17 underserved populations including people with disabilities, and options 18 and proposals to ameliorate such anticipated impact. The commissioner 19 shall afford community members, health care providers, labor unions, 20 payers, businesses [and], consumers, the congressional representative 21 for the district in which the facility is located, the county executive 22 or president of the borough within which the facility is located, the 23 state senator and assembly member representing the area within which the 24 facility is located, and the community board and the city council member 25 representing the area within which the facility is located where appli- 26 cable, a reasonable opportunity to speak about relevant matters at such 27 community forum. The commissioner shall also accept comments submitted 28 in writing at such public forum and by mail within at least two weeks 29 following the community forum. At least ten days prior to such communi- 30 ty forum, the commissioner shall release publicly and post on its 31 website a complete copy of the commissioner's notification related to 32 the closure required by subdivision three of section twenty-eight 33 hundred one-i of this article. 34 2. [No later than sixty days after holding a community forum pursuant35to subdivision one of this section, the commissioner shall make avail-36able to the public on the department's website information regarding:37(a) the anticipated impact of the general hospital's closure on access38to health care services by members of the surrounding community, includ-39ing but not limited to recipients of medical assistance for needy40persons, the uninsured, and underserved populations;41(b) specific measures the department and other parties have taken or42will take to ameliorate such anticipated impact; and43(c) any further recommendations regarding access to health care44services in communities impacted by the general hospital's closure.453.] A community forum conducted pursuant to this section shall be held 46 at a location within a reasonable proximity to the general hospital 47 subject to closure, and shall be announced no less than ten days prior 48 to the date of such community forum. 49 § 4. This act shall take effect immediately.