Relates to public hearings for hospital operating certificates; requires they begin no earlier than 6pm.
- Feb 1, 2013: REFERRED TO HEALTH
BILL NUMBER:S3388 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: 2012: S.7623 Referred to Health Committee FISCAL IMPLICATIONS: None. LOCAL FISCAL IMPLICATIONS: None. EFFECTIVE DATE: On the sixtieth day after it has become a law.
S T A T E O F N E W Y O R K ________________________________________________________________________ 3388 2013-2014 Regular Sessions I N SENATE February 1, 2013 ___________ 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. LBD08327-01-3