Relates to public hearings for hospital operating certificates; requires they begin no earlier than 6pm.

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S3388-2013 Actions

• Feb 1, 2013: REFERRED TO HEALTH

S3388-2013 Memo

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.

S3388-2013 Text

                      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