Bill Text: NY S07885 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to applications for construction, or substantial reduction of, a hospital or health related service; relates to the effectiveness of certain provisions relating to health equity assessments in the establishment or construction of a hospital.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-02-24 - SIGNED CHAP.137 [S07885 Detail]
Download: New_York-2021-S07885-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7885 IN SENATE January 18, 2022 ___________ Introduced by Sen. RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the public health law, in relation to applications for certain hospital projects; and to amend a chapter of the laws of 2021 amending the public health law relating to health equity assessments in the establishment or construction of a hospital, as proposed in legislative bills numbers S. 1451-A and A. 191-A, in relation to the effectiveness thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 2802-b of the public health law, as added by a 2 chapter of the laws of 2021 amending the public health law relating to 3 health equity assessments in the establishment or construction of a 4 hospital, as proposed in legislative bills numbers S. 1451-A and A. 5 191-A, is amended to read as follows: 6 § 2802-b. Health equity impact assessments. 1. Definitions. As used in 7 this section: 8 (a) "Application" means an application under this article for the 9 construction, establishment, change in the establishment, merger, acqui- 10 sition, [closure,] elimination or substantial reduction, expansion, or 11 addition of a hospital service or health-related service of a hospital 12 that requires review or approval by the council or the commissioner, 13 where the application is filed or submitted to the council, the commis- 14 sioner or the department after this section takes effect. Provided, 15 however, that an application for the change in the establishment, merger 16 or acquisition of a hospital shall not be included in this definition if 17 the application would not result in the elimination, or substantial 18 reduction, expansion, addition or change in location of a hospital 19 service or health related service of the hospital. 20 (b) "Project" means the construction, establishment, change in the 21 establishment, merger, acquisition, [closure] elimination, or substan- 22 tial reduction, expansion, or addition of a hospital service or health- 23 related service of a hospital that is the subject of an application. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00607-06-2S. 7885 2 1 (c) "Health equity impact assessment" or "impact assessment" means an 2 assessment of whether, and if so how, a project will improve access to 3 hospital services and health care, health equity and reduction of health 4 disparities, with particular reference to members of medically under- 5 served groups, in the applicant's service area. 6 (d) "Medically underserved group" means: low-income people; racial and 7 ethnic minorities; immigrants; women; lesbian, gay, bisexual, transgen- 8 der, or other-than-cisgender people; people with disabilities; older 9 adults; persons living with a prevalent infectious disease or condition; 10 persons living in rural areas; people who are eligible for or receive 11 public health benefits; people who do not have third-party health cover- 12 age or have inadequate third-party health coverage; and other people who 13 are unable to obtain health care. 14 2. (a) (i) Every application shall include a health equity impact 15 assessment of the project. The health equity impact assessment shall be 16 filed together with the application, and the application shall not be 17 complete without the impact statement. The applicant shall promptly 18 amend or modify the impact statement as necessary. 19 (ii) However, in the case of a diagnostic and treatment center whose 20 patient population is over fifty percent combined patients enrolled in 21 Medicaid or uninsured, a health equity impact assessment is not required 22 unless the application includes a change in controlling person, princi- 23 pal stockholder, or principal member (as defined in section twenty-eight 24 hundred one-a of this article) of the applicant. 25 (b) In considering whether and on what terms to approve an applica- 26 tion, the commissioner and the council, as the case may be, shall 27 consider the health equity impact statement. 28 3. Scope and contents of a health equity impact assessment. A health 29 equity impact assessment shall include: 30 (a) A demonstration of whether, and if so how, the proposed project 31 will improve access to hospital services and health care, health equity 32 and reduction of health disparities, with particular reference to 33 members of medically underserved groups, in the applicant's service 34 area. 35 (b) The extent to which medically underserved groups in the appli- 36 cant's service area use the applicant's hospital or health-related 37 services or similar services at the time of the application and the 38 extent to which they are expected to if the project is implemented. 39 (c) The performance of the applicant in meeting its obligations, if 40 any, under section twenty-eight hundred seven-k of this article and 41 federal regulations requiring providing uncompensated care, community 42 services, and access by minorities and people with disabilities to 43 programs receiving federal financial assistance, including the existence 44 of any civil rights access complaints against the applicant, and how the 45 applicant's meeting of these obligations will be affected by implementa- 46 tion of the project. 47 (d) How and to what extent the applicant will provide hospital and 48 health-related services to the medically indigent, Medicare recipients, 49 Medicaid recipients and members of medically underserved groups if the 50 project is implemented. 51 (e) The amount of indigent care, both free and below cost, that will 52 be provided by the applicant if the project is approved. 53 (f) Access by public or private transportation, including applicant- 54 sponsored transportation services, to the applicant's hospital or 55 health-related services if the project is implemented.S. 7885 3 1 (g) The means of assuring effective communication between the appli- 2 cant's hospital and health-related service staff and people of limited 3 English-speaking ability and those with speech, hearing or visual 4 impairments handicaps if the project is implemented. 5 (h) The extent to which implementation of the project will reduce 6 architectural barriers for people with mobility impairments. 7 (i) A review of how the applicant will maintain or improve the quality 8 of hospital and health-related services including a review of: 9 (i) demographics of the applicant's service area; 10 (ii) economic status of the population of the applicant's service 11 area; 12 (iii) physician and professional staffing issues related to the 13 project; 14 (iv) availability of similar services at other institutions in or near 15 the applicant's service area; and 16 (v) historical and projected market shares of hospital and health care 17 service providers in the applicant's service area. 18 4. The health equity impact assessment shall be prepared for the 19 applicant by an independent entity and include the meaningful engagement 20 of public health experts, organizations representing employees of the 21 applicant, stakeholders, and community leaders and residents of the 22 applicant's service area. 23 5. The department shall publicly post the application and the health 24 equity impact assessment on [the department's] its website within one 25 week of the filing with the department, including any filing with the 26 council. The applicant shall publicly post the application and the 27 health equity impact assessment on its website within one week of 28 acknowledgement by the department. 29 § 2. Section 2 of a chapter of the laws of 2021 amending the public 30 health law relating to health equity assessments in the establishment or 31 construction of a hospital, as proposed in legislative bills numbers S. 32 1451-A and A. 191-A, is amended to read as follows: 33 § 2. This act shall take effect [on the one hundred eightieth day] 34 eighteen months after it [becomes] shall have become a law. Effective 35 immediately, the commissioner of health and the public health and health 36 planning council shall make regulations and take other actions reason- 37 ably necessary to implement this act on that date. 38 § 3. This act shall take effect immediately; provided, however, that 39 section one of this act shall take effect on the same date and in the 40 same manner as a chapter of the laws of 2021 amending the public health 41 law relating to health equity assessments in the establishment or 42 construction of a hospital, as proposed in legislative bills numbers S. 43 1451-A and A. 191-A, takes effect.
