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

                                  8066

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 17, 2013
                               ___________

Introduced  by  M. of A. PERRY, LENTOL, BRENNAN, BARRON, MOSLEY, CAMARA,
  MILLMAN, COLTON, ROBINSON, JACOBS, CYMBROWITZ, MAISEL,  ABBATE,  ESPI-
  NAL,  BROOK-KRASNY  -- read once and referred to the Committee on Ways
  and Means

AN ACT to amend part Q of chapter 56 of the laws of  2013  amending  the
  education  law  and  other  laws relating to funding to SUNY Downstate
  Medical Center, in relation to a sustainability plan for a hospital

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

  Section  1.  Legislative  intent.  The  legislature  hereby  finds and
declares that a strong academic medical center which  controls  its  own
and its affiliated clinical facilities is the central organizing princi-
ple  of  urban  health  care  in America in 2013. SUNY Downstate Medical
Center must fully maintain its public status and be the lead institution
in meeting the significant unmet health care needs in Brooklyn including
providing expanded primary and ambulatory care in the neighborhoods that
need it the most. All other states' experience,  as  well  as  the  last
seven  years of experience in Brooklyn, indicates that if SUNY Downstate
does not take leadership of this mission it will not get done.
  Over the next three years, SUNY Downstate Hospital should  develop  up
to  four  decentralized, freestanding primary and ambulatory care satel-
lites.  Funding for these satellites is anticipated from monetizing  the
net  asset  value  of  real estate acquired with the Long Island College
Hospital while still operating Long Island College Hospital as a  health
care  facility.  Two  thirds  of  the net asset value of the Long Island
College Hospital real estate will be devoted to subsidy  of  SUNY  Down-
state  Hospital  and  Long Island College Hospitals' operations during a
three year transition and development period.
  The implementation of this legislation will make SUNY Downstate Hospi-
tal sustainable and restore the state subsidy to its historic level. Its
implementation is an alternative to closing LICH and laying off a  mini-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11556-02-3
              

A. 8066                             2

mum  of 600 health care workers in Brooklyn which has one of the highest
unemployment rates in New York. It makes no sense to lay off health care
workers if they can be  retrained  to  provide  the  primary  care  that
central and western Brooklyn desperately needs.
  S  2.  Part Q of chapter 56 of the laws of 2013 amending the education
law and other laws relating to funding to SUNY Downstate Medical Center,
is amended by adding a new section 5-a to read as follows:
  S 5-A. THE SUSTAINABILITY PLAN ADOPTED PURSUANT  TO  SECTION  FIVE  OF
THIS  ACT  SHALL  NOT  BE  IMPLEMENTED  UNTIL  IT CONTAINS THE FOLLOWING
PROVISIONS. (A) SUNY DOWNSTATE HOSPITAL WILL OPERATE UP TO  FOUR  DECEN-
TRALIZED,  FREESTANDING PRIMARY AND AMBULATORY CARE SATELLITES IN COMMU-
NITY BASED SETTINGS.  THESE SATELLITES WILL BE STAFFED BY  EMPLOYEES  OF
SUNY  DOWNSTATE  HOSPITAL  WHO  SHALL  MAINTAIN THEIR CURRENT COLLECTIVE
BARGAINING REPRESENTATION, OR, FOR SATELLITES LOCATED IN  THE  COMMUNITY
SERVED  BY  LONG  ISLAND  COLLEGE  HOSPITAL  BY EMPLOYEES OF LONG ISLAND
COLLEGE HOSPITAL WHO SHALL MAINTAIN THEIR CURRENT COLLECTIVE  BARGAINING
REPRESENTATION.  THE FREESTANDING PRIMARY AND AMBULATORY CARE SATELLITES
SHALL OPERATE AT LEAST SIXTEEN HOURS A DAY,  PROVIDE  A  FULL  RANGE  OF
OUT-PATIENT AND AMBULATORY SERVICES AS DETERMINED BY COMMUNITY NEED, AND
COLLECTIVELY  EMPLOY  AT LEAST SIX HUNDRED HEALTH CARE PROFESSIONALS AND
SUPPORT STAFF. THESE FREESTANDING PRIMARY AND AMBULATORY CARE SATELLITES
MUST BE ESTABLISHED NO LATER THAN THREE YEARS  AFTER  THE  ENACTMENT  OF
THIS SECTION.
  (B)  THE  STATE  SHALL  MONETIZE  THE  NET  ASSET VALUE OF REAL ESTATE
ACQUIRED WITH THE LONG ISLAND COLLEGE  HOSPITAL  WHILE  STILL  OPERATING
LONG  ISLAND COLLEGE HOSPITAL AS A HEALTH CARE FACILITY. THE STATE DIVI-
SION OF BUDGET SHALL DEVELOP A PROCESS THAT MAXIMIZES THE VALUE  OF  THE
ASSETS OF LONG ISLAND COLLEGE HOSPITAL AND SHALL CONSIDER THE FOLLOWING:
(I) LEASING ALL OR SOME OF THE PROPERTY; (II) A SALE-LEASEBACK OF ALL OR
SOME  OF  THE  PROPERTY; AND (III) ESTABLISHING A REAL ESTATE INVESTMENT
TRUST, WITH THE PROVISO THAT THE REAL ASSETS CONTINUE TO BE USED, IN ANY
OF THESE ARRANGEMENTS, FOR THE PROVISION  OF  INPATIENT  AND  OUTPATIENT
HEALTH  SERVICES. THE ASSETS OF THIS PROCESS SHALL BE USED TO RETIRE THE
LIABILITIES OF LONG ISLAND COLLEGE  HOSPITAL  AND  TO  PROVIDE  START-UP
FUNDING  FOR  THE  FREESTANDING  PRIMARY  AND AMBULATORY CARE SATELLITES
ESTABLISHED PURSUANT TO SUBDIVISION (A) OF THIS SECTION. SUNY  DOWNSTATE
HOSPITAL  IS AUTHORIZED TO APPLY FOR AND RECEIVE FUNDING FROM ANY AVAIL-
ABLE STATE, LOCAL, AND/OR FEDERAL  SOURCES  TO  ASSIST  IN  ESTABLISHING
FREESTANDING  PRIMARY  AND AMBULATORY CARE SATELLITES INCLUDING, BUT NOT
LIMITED TO, STATE GRANTS  AVAILABLE  PURSUANT  TO  SECTION  TWENTY-EIGHT
HUNDRED  EIGHTEEN  OF THE PUBLIC HEALTH LAW AND ACCELERATION OF PAYMENTS
PURSUANT TO SECTION TWENTY-EIGHT HUNDRED SEVEN-K OF  THE  PUBLIC  HEALTH
LAW.
  (C)  SUNY DOWNSTATE COLLEGE OF MEDICINE SHALL DEVELOP A CURRICULUM FOR
THE EDUCATION OF  RESIDENT  PHYSICIANS  IN  OUT-PATIENT  AND  AMBULATORY
SERVICES  THAT SHALL BE IMPLEMENTED IN THE FOUR FREESTANDING PRIMARY AND
AMBULATORY CARE SATELLITES ESTABLISHED PURSUANT TO  SUBDIVISION  (A)  OF
THIS SECTION.
  S 3. This act shall take effect immediately.