Enacts the "hospital closure planning act"; provides that whenever a general hospital closes, the commissioner of health shall within thirty days of being notified of such closure, hold a public hearing at a location within the geographic area served by such general hospital to solicit testimony concerning the extent to which such closure will result in the reduction or elimination of health care services in the affected community, and options and proposals for replacing or enhancing such health care services through other means in order to meet the needs of residents in the affected community; makes related provisions.

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A10748-2009 Actions

• Jun 24, 2010: substituted by s7483a
• Jun 24, 2010: rules report cal.360
• Jun 24, 2010: reported
• Jun 24, 2010: reported referred to rules
• Jun 15, 2010: print number 10748a
• Jun 15, 2010: amend and recommit to ways and means
• Apr 27, 2010: reported referred to ways and means
• Apr 19, 2010: referred to health

A10748-2009 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    10748

                            I N  ASSEMBLY

                               April 19, 2010
                                 ___________

  Introduced  by  M.  of  A.  LANCMAN,  MAYERSOHN, MENG, DenDEKKER, CLARK,
    AUBRY, TITUS, SCARBOROUGH, CARROZZA,  PHEFFER,  D. Weprin,  M. MILLER,
    BENEDETTO,  LIFTON,  DelMONTE,  REILLY,  CHRISTENSEN, BENJAMIN, PERRY,
    HYER-SPENCER, GIBSON, MAISEL, CASTRO, ROBINSON --  Multi-Sponsored  by
    --  M.  of A. COOK, GIANARIS, GLICK, GOTTFRIED, HEVESI, MARKEY, NOLAN,
    SWEENEY, THIELE, WEISENBERG -- read once and referred to the Committee
    on Health

  AN ACT to amend the public health  law,  in  relation  to  enacting  the
    "hospital closure planning act"

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


    Section 1. Short title. This act shall be known and may  be  cited  as
  the "hospital closure planning act".
    S  2.  The public health law is amended by adding a new section 2801-g
  to read as follows:

    S 2801-G. COMMUNITY PLANNING FOR HOSPITAL CLOSURE. 1.  NO  LATER  THAN
  THIRTY  DAYS  AFTER  RECEIVING  WRITTEN  NOTICE  OF A GENERAL HOSPITAL'S
  INTENT TO VOLUNTARILY DISCONTINUE OPERATIONS OR SURRENDER ITS  OPERATING
  CERTIFICATE,  OR  WITHIN THIRTY DAYS OF A GENERAL HOSPITAL'S INVOLUNTARY
  CLOSURE OR A GENERAL HOSPITAL'S CLOSURE FOR WHICH NO WRITTEN NOTICE  WAS
  PROVIDED,  THE  COMMISSIONER  SHALL HOLD A PUBLIC HEARING CONCERNING THE
  ANTICIPATED IMPACT OF THE GENERAL HOSPITAL'S CLOSURE ON ACCESS TO HEALTH
  CARE SERVICES BY MEMBERS OF THE SURROUNDING COMMUNITY, INCLUDING BUT NOT
  LIMITED TO RECIPIENTS OF MEDICAL ASSISTANCE FOR NEEDY PERSONS, THE UNIN-
  SURED, AND UNDERSERVED POPULATIONS, AND OPTIONS AND PROPOSALS TO AMELIO-
  RATE SUCH ANTICIPATED  IMPACT.    THE  COMMISSIONER  SHALL  ARRANGE  FOR
  PERSONS  WITH  RELEVANT  EXPERTISE TO TESTIFY AT THE PUBLIC HEARING, AND
  SHALL AFFORD COMMUNITY MEMBERS, HEALTH  CARE  PROVIDERS,  LABOR  UNIONS,
  PAYERS,  BUSINESSES  AND  CONSUMERS  A REASONABLE OPPORTUNITY TO PROVIDE
  RELEVANT TESTIMONY.
    2. NO LATER THAN THIRTY DAYS  AFTER  HOLDING  A  HEARING  PURSUANT  TO
  SUBDIVISION  ONE OF THIS SECTION, THE COMMISSIONER SHALL PROVIDE A WRIT-
  TEN REPORT TO THE GOVERNOR AND THE LEGISLATURE STATING:


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD11426-11-0

 A. 10748                            2

    (A) HIS OR HER FINDINGS AS TO THE ANTICIPATED IMPACT  OF  THE  GENERAL
  HOSPITAL'S  CLOSURE  ON ACCESS TO HEALTH CARE SERVICES BY MEMBERS OF THE
  SURROUNDING COMMUNITY,  INCLUDING  BUT  NOT  LIMITED  TO  RECIPIENTS  OF
  MEDICAL  ASSISTANCE  FOR  NEEDY  PERSONS, THE UNINSURED, AND UNDERSERVED
  POPULATIONS;
    (B)  SPECIFIC  MEASURES THE DEPARTMENT AND OTHER PARTIES HAVE TAKEN OR
  WILL TAKE TO AMELIORATE SUCH ANTICIPATED IMPACT; AND
    (C) ANY FURTHER RECOMMENDATIONS  TO  IMPROVE  ACCESS  TO  HEALTH  CARE
  SERVICES IN COMMUNITIES IMPACTED BY THE GENERAL HOSPITAL'S CLOSURE.
    3.   NO LATER THAN THIRTY DAYS AFTER PROVIDING A WRITTEN REPORT PURSU-
  ANT TO SUBDIVISION TWO OF THIS SECTION, THE COMMISSIONER  SHALL  HOLD  A
  PUBLIC  HEARING  TO  PRESENT THE CONTENT OF THE REPORT TO THE PUBLIC AND
  AFFORD MEMBERS OF THE PUBLIC AN OPPORTUNITY TO COMMENT ON THE REPORT.
    4. A PUBLIC HEARING CONDUCTED PURSUANT TO THIS SECTION SHALL  BE  HELD
  AT  A  LOCATION  WITHIN  A  REASONABLE PROXIMITY TO THE GENERAL HOSPITAL
  SUBJECT TO CLOSURE, AND SHALL BE ANNOUNCED NO LESS THAN TEN  DAYS  PRIOR
  TO THE HEARING DATE.
    S  3.  For  any hospital closure occurring on or after January 1, 2009
  and prior to the effective date of this act, the commissioner of  health
  shall  not  be  required  to conduct the initial public hearing required
  pursuant to subdivision 1 of section 2801-g of the public health law  as
  added  by this act. With respect to any such hospital closure, the writ-
  ten report required pursuant to subdivision 2 of section 2801-g  of  the
  public  health  law  as added by this act shall be provided within sixty
  days of the effective date of this act, and the subsequent public  hear-
  ing  required  pursuant  to  subdivision  3  of  such  section  shall be
  conducted within 30 days of the issuance of such report.
    S 4. This act shall take effect immediately and  shall  be  deemed  to
  have been in full force and effect on and after January 1, 2009.