STATE OF NEW YORK ________________________________________________________________________ 2085 2023-2024 Regular Sessions IN SENATE January 18, 2023 ___________ Introduced by Sens. KAVANAGH, ADDABBO, BAILEY, BRISPORT, CLEARE, HARCK- HAM, HOYLMAN-SIGAL, JACKSON, KRUEGER, MAYER, RAMOS, SALAZAR, SEPULVE- DA, SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Health 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 22 (4) efforts to identify an alternate operator or efforts to request 23 that the state assess its ability to assume financial responsibility. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02692-01-3
S. 2085 2 1 (b) No later than thirty days after receipt of an application for 2 closure of a general hospital the commissioner shall submit a written 3 notification to the county executive or president of the borough within 4 which the facility is located, the congressional representative for the 5 district in which the facility is located, and the state senator and the 6 assembly member representing the area within which the facility is 7 located, the city or county department of health, and where applicable, 8 the community board or the city council member representing the area 9 within which the facility is located. Such written notification shall 10 include: 11 (1) a complete copy of the hospital or department closure plan; and 12 (2) complete copies of the application or request for closure. 13 (c) The commissioner shall also make a full copy of such notification 14 available to the public on the department's website. 15 (d) The commissioner shall also notify the public of such application 16 for closure through a press release and the posting of a notice at the 17 affected hospital. 18 3. Upon any decision by the commissioner to approve or reject an 19 application for closure of a general hospital or an emergency or mater- 20 nity department, the commissioner shall make available to the public on 21 the department's website a written report including: 22 (a) a summary of the issues and proposals raised pursuant to subdivi- 23 sion one of section twenty-eight hundred one-g of this article; 24 (b) a statement of the reasons why any significant alternative 25 proposals made pursuant to subdivision one of section twenty-eight 26 hundred one-g of this article were or were not incorporated into the 27 final closure plan; 28 (c) a description of any changes made to the proposed closure plan as 29 a result of the issues or proposals raised pursuant to subdivision one 30 of section twenty-eight hundred one-g of this article; 31 (d) the anticipated impact of the general hospital's or department's 32 closure on access to health care services by members of the surrounding 33 community, including but not limited to, recipients of medical assist- 34 ance for needy persons, the uninsured, and underserved populations 35 including people with disabilities; 36 (e) the specific measures the facility, the department and other 37 parties have taken or will take to ameliorate the anticipated impact; 38 (f) an assessment of the ability of the state to assume financial 39 responsibility or identify an alternate operator; 40 (g) any further recommendations regarding access to health care 41 services in communities impacted by the general hospital's or emergency 42 or maternity department's closure; 43 (h) information about transitional medical services to the impacted 44 communities, including but not limited to arrangements for continuity of 45 care; and 46 (i) a complete copy of the proposed decision of the commissioner 47 regarding the closure of the hospital or emergency or maternity depart- 48 ment, including all proposed terms, conditions and plans for providing 49 health services to the affected communities and populations. 50 4. The commissioner may only approve the application if he or she 51 reasonably determines that the needs of the community and impacted 52 stakeholders, including but not limited to access to emergency medical 53 care, can be adequately met. 54 5. No closure shall be approved under this section unless the commis- 55 sioner complies with the provisions of this section and the provisions 56 of section twenty-eight hundred one-g of this article.
S. 2085 3 1 6. The commissioner shall promulgate any rules necessary to effectuate 2 the provisions of this section. 3 § 3. Section 2801-g of the public health law, as added by chapter 541 4 of the laws of 2010, is amended to read as follows: 5 § 2801-g. Community forum on hospital closure. 1. No later than 6 [thirty] forty-five days after [the] an application for closure of a 7 general hospital, or an emergency or maternity department, and at least 8 sixty days prior to the proposed closure date, the commissioner shall 9 hold a public community forum for the purpose of obtaining public input 10 concerning the anticipated impact of the general hospital's or emergency 11 or maternity department's closure on access to health care services by 12 members of the surrounding community, including but not limited to 13 recipients of medical assistance for needy persons, the uninsured, and 14 underserved populations including people with disabilities, and options 15 and proposals to ameliorate such anticipated impact. The commissioner 16 shall afford community members, health care providers, labor unions, 17 payers, businesses [and], consumers, the congressional representative 18 for the district in which the facility is located, the county executive 19 or president of the borough within which the facility is located, the 20 state senator and assembly member representing the area within which the 21 facility is located, and the community board and the city council member 22 representing the area within which the facility is located where appli- 23 cable, a reasonable opportunity to speak about relevant matters at such 24 community forum. The commissioner shall also accept comments submitted 25 in writing at such public forum and by mail within at least two weeks 26 following the community forum. At least ten days prior to such communi- 27 ty forum, the commissioner shall release publicly and post on its 28 website a complete copy of the commissioner's notification related to 29 the closure required by subdivision three of section twenty-eight 30 hundred one-i of this article. 31 2. [No later than sixty days after holding a community forum pursuant 32 to subdivision one of this section, the commissioner shall make avail- 33 able to the public on the department's website information regarding: 34 (a) the anticipated impact of the general hospital's closure on access 35 to health care services by members of the surrounding community, includ- 36 ing but not limited to recipients of medical assistance for needy 37 persons, the uninsured, and underserved populations; 38 (b) specific measures the department and other parties have taken or 39 will take to ameliorate such anticipated impact; and 40 (c) any further recommendations regarding access to health care 41 services in communities impacted by the general hospital's closure. 42 3.] A community forum conducted pursuant to this section shall be held 43 at a location within a reasonable proximity to the general hospital 44 subject to closure, and shall be announced no less than ten days prior 45 to the date of such community forum. 46 § 4. This act shall take effect immediately.