S7623-2011 Actions

• Jun 7, 2012: REFERRED TO HEALTH

S7623-2011 Memo

BILL NUMBER:S7623

TITLE OF BILL:
An act
to amend the public health law, in relation to public hearings for
hospital operating certificates

PURPOSE:
To require that public hearings to solicit
community input
for hospital closures begin no earlier than 6 p.m. in the evening.

SUMMARY OF PROVISIONS:
Subdivision 3 of section 2806 of the public
health law, as amended by chapter 105 of the laws of 1977, is amended
to require that the Commissioner shall set a time and a place for a
public hearing, and that no public hearing should begin prior to 6 p.m.
in the evening.

EXISTING LAW:
Existing law does not require times for
holding public
hearings in respect to hospital closures.

JUSTIFICATION:
Several hospitals have closed in New York State in
recent years, and several more are slated for closure. The closing of
hospitals can have a devastating impact on the surrounding
communities, due to the loss of health care services and employment.
Public hearings have been held in the afternoon when most residents
are at work and are unable to participate in the public hearing. The
Department of Health must have a comprehensive understanding of the
impact of the hospital closing on the surrounding community, and it
is imperative that public hearings take place at such a time that is
convenient for the residents to attend.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
On the sixtieth day after it has become a law.

S7623-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         7623
 I N  SENATE
 June 7, 2012
 
 Introduced  by  Sen. ADDABBO -- 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  public  hearings
 for hospital operating certificates
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivision 3 of section 2806 of the public health law,  as
 amended  by  chapter  105  of  the  laws  of 1977, is amended to read as
 follows:

 3. The commissioner shall fix  a  time  and  place  for  the  hearing,
 PROVIDED  THAT  NO  SUCH HEARING SHALL BEGIN BEFORE 6 P.M. A copy of the
 charges, together with the notice of the time and place of the  hearing,
 shall  be  served in person or mailed by registered or certified mail to
 the hospital at least ten days before the date fixed  for  the  hearing.
 The  hospital  shall  file  with the department not less than three days
 prior to the hearing a written answer to the charges.
 

S 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD16044-01-2

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