NY State Senate Bill 2013-S5902

Senate Bill S5902

2013-2014 Legislative Session

Authorizes the establishment of a corporation to organize a voluntary network of hospitals in Brooklyn

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to health
Jun 20, 2013	referred to rules

2013-S5902 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §2824, amd §2807, Pub Health L; amd Part Q §6, Chap 56 of 2013

2013-S5902 (ACTIVE) - Summary

Authorizes the establishment of a corporation to organize a network of hospitals in Brooklyn.

2013-S5902 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5902

TITLE OF BILL:  An act to amend the public health law, in relation to
authorizing the establishment of a corporation to organize a voluntary
network of hospitals in Brooklyn and to amend chapter 56 of the laws
of 2013, amending the education law and the public health law,
relating to funding to SUNY Downstate Medical Center and directing the
restructuring of hospital, in relation to Medicaid funds for delivery
system reform incentive payments and Medicaid Redesign-Team
initiatives; and providing for the repeal of such provisions upon
expiration thereof

PURPOSE: To create a comprehensive support approach to stabilizing.
Downstate Medical Center and its Medical schools, and to stabilize the
health care system in Brooklyn

SUMMARY OF PROVISIONS:

Section 1. Creates a new section 2824 of the public health law,
Corporation; Brooklyn hospital network.

1. Intent.

2. Definitions. Of note is that "Participating hospital" includes any
hospital located in Brooklyn, excluding hospitals operated by the New
York City health and hospitals corporation, that elects to participate

and enters into an agreement with the corporation

3. Allows the DOH commissioner to establish a corporation, with the
authority needed to organize a network of hospitals in Brooklyn,
including Downstate and all private hospitals that elect to
participate, for the following purposes, but not in direct service
provision:

*(a) improving the overall health of the covered population served;

*(b) promoting the efficient delivery of health care services;

*(c) negotiating contracts with third party payers;

*(d) assuring opportunities for training medical professionals;

*(e) receiving funds from any source and disbursing funds as
appropriate and as permissible under federal law, following
appropriation by the Legislature;

*(f) establishing a process to solicit public input to help inform the
activities under this section; and

*(g) conducting such other activities that may be necessary and
appropriate to serve the objectives of this section.

4. The corporation is a not for profit corporation organized and
operated exclusively for the purposes set forth in this section, and
performing an essential governmental function. Membership is 13
directors, appointed with the consent of the Senate: 7 by the
Governor; 2 each by the temporary president of the senate, and the


speaker of the assembly; 1 each by the minority leader of the senate
and the minority leader of the assembly. All are required to have
expertise in relevant areas including health care finance, bankruptcy,
corporate restructuring, community and economic development, health
care delivery and health care insurance, or be members of the public
who reside in Brooklyn. None can be directors, officers or employees
of hospitals or immediate family members of directors, officers or
employees of hospitals. Members shall be appointed for terms of three
years. The Governor selects the chair.  They receive only expenses for
official responsibilities. Quorum is seven directors. The board can
hire an executive director.

5. Powers. In addition to powers under law:

*(i) to direct placement of SUNY Downstate students among
participating hospitals, with the approval of the SUNY Downstate
Medical Schools and in accordance with the requisite accreditation
organizations;

*(ii) to assist DOH in development and implementation of a plan for
federal Delivery System Reform Incentive Program ("DSRIP") funds;

*(iii) to seek the input of the legislature in developing the DSRIP
plan;

*(iv) to post the DSRIP plan on a publicly accessible website and
provide written copies to the legislature 30 days prior to
implementation;

*(v) to monitor each participating hospital's performance against such
performance benchmarks and ensure the implementation of the plan as
necessary by requiring participating hospitals to take appropriate
action;

*(vi) to disburse DSRIP funds pursuant to such DSRIP plan and in
accordance with federal law, but only after appropriation by the
Legislature;

*(vii) to prepare quarterly reports on the activities of the
corporation on a publicly accessible website;

*(viii) to establish a process to solicit public input to help inform
the activities of the corporation, including the development and
implementation of the DSRIP plan with at least three public meetings,
and public and private consultations with health and hospital
stakeholders in Brooklyn;

*(ix) to develop a transition strategy designed to support the long
term sustainability of the health care system in Brooklyn in
anticipation of the expiration of this section; and

*(x) to conduct such other activities as necessary and appropriate to
serve the objectives of this section, provided that no DSRIP plan or
transitional plan shall require directly or indirectly the reduction
of beds at Downstate hospital to an amount that is fewer than 250
beds, or the closure of the SUNY Downstate Medical Schools.


The corporation is required to create an advisory committee.

6. requires the DOH commissioner to issue to participating hospitals
operating certificates that list the corporation as a co operator of
each of the health facilities of such hospitals. The corporation can
enter into agreements with participating hospitals under which the
corporation, acting as a co operator of each such participating
hospital, shall have such powers as are consistent with the public
purpose as set forth in this section, and shall be deemed to be acting
as a public hospital. Allows the corporation or a participating
hospital to drop out of the corporation with 180 days notice.  7 and
8. Non-liability provisions for the state and member hospitals, and
action immunity for rationalizing health care in Brooklyn.

§ 2. Amends subdivision 20 of section 2807 of the public health law,
to authorize agreements between DOH and the new corporation.

§ 3. Amends subdivision 21 of section 2807 of the public health law,
to allow the funding of the nonfederal share of Medicaid funds for
this plan, subject to appropriation by the Legislature.

§ 4. Makes technical changes for chronology in the opening paragraph
of section 6 of part Q of chapter 56 of the laws of 2013, amending the
education law and the public health law, relating to funding to SUNY
Downstate Medical Center and directing the restructuring of hospital.

EXISTING LAW: New bill.

JUSTIFICATION: This act is needed to restructure and preserve troubled
health care institutions in Brooklyn.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: Immediate, sunsetting in six years.

2013-S5902 (ACTIVE) - Bill Text download pdf

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

                                  5902

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 20, 2013
                               ___________

Introduced  by COMMITTEE ON RULES -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

AN ACT to amend the public health law, in relation  to  authorizing  the
  establishment  of  a  corporation  to  organize a voluntary network of
  hospitals in Brooklyn and to amend chapter 56 of  the  laws  of  2013,
  amending  the  education  law  and  the public health law, relating to
  funding to SUNY Downstate Medical Center and directing the restructur-
  ing of hospital, in relation to Medicaid  funds  for  delivery  system
  reform  incentive payments and Medicaid Redesign-Team initiatives; and
  providing for the repeal of such provisions upon expiration thereof

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

  Section  1.  The  public health law is amended by adding a new section
2824 to read as follows:
  S 2824. CORPORATION; BROOKLYN HOSPITAL  NETWORK.  1.  THE  LEGISLATURE
HEREBY FINDS AND DECLARES AS FOLLOWS:
  (A)  THE  STATE  HAS  A STRONG INTEREST IN THE QUALITY, ACCESSIBILITY,
EFFICIENCY AND VIABILITY OF HEALTH CARE IN BROOKLYN. THE CURRENT  HEALTH
CARE  DELIVERY  SYSTEM  IN  BROOKLYN  IS  FRAGMENTED AND ILL-EQUIPPED TO
PROVIDE THE 2.5 MILLION RESIDENTS OF KINGS COUNTY  WITH  CONSISTENT  AND
SUSTAINABLE ACCESS TO QUALITY CARE.
  (B)  AT  THE SAME TIME, FINANCIAL DIFFICULTIES AT THE STATE UNIVERSITY
OF NEW YORK DOWNSTATE MEDICAL CENTER HAVE THREATENED  THE  VIABILITY  OF
SUNY'S  ACADEMIC ENTERPRISE. SUNY DOWNSTATE MEDICAL SCHOOL EDUCATES MANY
PHYSICIANS WHO GO ON TO PRACTICE IN NEW YORK CITY, AND MAINTAINING  THIS
ACADEMIC  PRESENCE  IS CRITICAL TO MEETING HEALTH CARE NEEDS IN BROOKLYN
OVER THE LONG TERM.
  (C) TO ORGANIZE AN ECONOMICAL AND EFFECTIVE RESPONSE TO THE CHALLENGES
OF MEETING THE HEALTH CARE NEEDS OF THE RESIDENTS OF  KINGS  COUNTY  AND
THE  STATE OF NEW YORK, THIS SECTION WILL AUTHORIZE THE ESTABLISHMENT OF
A CORPORATION THAT WILL CREATE A VOLUNTARY NETWORK OF BROOKLYN HOSPITALS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11605-03-3

S. 5902                             2

FOR THE VITAL PUBLIC PURPOSES OF TRANSFORMING  THE  DELIVERY  OF  HEALTH
CARE  IN BROOKLYN AND SUPPORTING THE TEACHING PROGRAMS AND CORE ACADEMIC
MISSION OF SUNY DOWNSTATE.
  (D)  THE  CORPORATION  ESTABLISHED PURSUANT TO THIS SECTION WILL CARRY
OUT THE FUNCTIONS NECESSARY TO PROMOTE AND IMPROVE THE QUALITY OF HEALTH
CARE SERVICES AND FACILITIES FOR THE BENEFIT OF  THE  RESIDENTS  OF  THE
STATE  OF NEW YORK AND KINGS COUNTY, INCLUDING PERSONS IN NEED OF HEALTH
CARE SERVICES WITHOUT THE ABILITY TO PAY AS  REQUIRED  BY  LAW,  AND  TO
SUPPORT  THE  TEACHING  PROGRAMS AND CORE ACADEMIC MISSION OF SUNY DOWN-
STATE MEDICAL CENTER. THE CREATION AND OPERATION OF THE CORPORATION,  AS
PROVIDED  IN  THIS  SECTION,  IS  IN ALL RESPECTS FOR THE BENEFIT OF THE
PEOPLE OF THE STATE OF NEW YORK  AND  KINGS  COUNTY  AND  CONSTITUTES  A
STATE,  COUNTY  AND PUBLIC PURPOSE, AND THE EXERCISE BY SUCH CORPORATION
OF THE FUNCTIONS, POWERS AND DUTIES AS PROVIDED IN THIS SECTION  CONSTI-
TUTES THE PERFORMANCE OF AN ESSENTIAL PUBLIC AND GOVERNMENTAL FUNCTION.
  (E)  ESTABLISHMENT  OF  THIS  CORPORATION  IS CONSISTENT WITH THE SUNY
DOWNSTATE SUSTAINABILITY PLAN DEVELOPED IN ACCORDANCE  WITH  PART  Q  OF
CHAPTER  FIFTY-SIX  OF THE LAWS OF TWO THOUSAND THIRTEEN, WHICH REQUIRED
SUNY TO "SET FORTH RECOMMENDATIONS FOR ACCOMPLISHING  THE  RESTRUCTURING
OF  DOWNSTATE  HOSPITAL  FOR  THE  PURPOSE OF ACHIEVING FISCAL VIABILITY
WHILE PRESERVING ITS STATUS AS A TEACHING HOSPITAL." THE  SUSTAINABILITY
PLAN  IDENTIFIED  A NUMBER OF CHANGES TO BRING EFFICIENCIES TO DOWNSTATE
HOSPITAL AND CALLED FOR THE CREATION OF A  "BROOKLYN  HEALTH-IMPROVEMENT
COLLABORATIVE" TO SUPPORT THE ACADEMIC MISSION OF SUNY DOWNSTATE MEDICAL
CENTER.
  2.  FOR  PURPOSES  OF  THIS  SECTION,  THE FOLLOWING DEFINITIONS SHALL
APPLY:
  (A) "BOARD" SHALL MEAN THE BOARD OF DIRECTORS OF  THE  CORPORATION  AS
PROVIDED IN THIS SECTION.
  (B)  "CORPORATION"  SHALL  MEAN  THE  CORPORATION  THAT WILL BE FORMED
PURSUANT TO THE AUTHORITY GRANTED UNDER THIS SECTION.
  (C) "PARTICIPATING HOSPITAL" SHALL MEAN ANY HOSPITAL  LOCATED  IN  THE
COUNTY  OF  KINGS,  EXCLUDING  HOSPITALS  OPERATED  BY THE NEW YORK CITY
HEALTH AND HOSPITALS CORPORATION, THAT ELECTS TO PARTICIPATE AND  ENTERS
INTO  AN  AGREEMENT  WITH THE CORPORATION; PROVIDED, HOWEVER, THAT DOWN-
STATE HOSPITAL SHALL CONSTITUTE  A  PARTICIPATING  HOSPITAL  UNDER  THIS
SECTION  ONLY  WITH THE APPROVAL OF THE SUNY BOARD OF TRUSTEES, AND SUCH
APPROVAL SHALL NOT BE CONSTRUED TO INCLUDE ANY OTHER SUNY HOSPITAL, SUNY
DOWNSTATE MEDICAL SCHOOL, OR ANY OTHER SUNY ACADEMIC INSTITUTION.
  (D) "SUNY DOWNSTATE MEDICAL CENTER" SHALL MEAN THE STATE UNIVERSITY OF
NEW YORK HEALTH SCIENCE CENTER AT BROOKLYN, CONSISTING OF THE SUNY DOWN-
STATE MEDICAL SCHOOLS AND DOWNSTATE HOSPITAL.
  (E) "SUNY DOWNSTATE MEDICAL SCHOOLS" SHALL MEAN  THE  ACADEMIC  INSTI-
TUTIONS OF SUNY DOWNSTATE MEDICAL CENTER.
  (F)  "DOWNSTATE HOSPITAL" SHALL MEAN THE UNIVERSITY HOSPITAL OF BROOK-
LYN.
  (G) "STUDENTS" OR  "SUNY  DOWNSTATE  STUDENTS"  SHALL  MEAN  STUDENTS,
INTERNS, FELLOWS AND RESIDENTS OF THE SUNY DOWNSTATE MEDICAL SCHOOLS.
  3.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, THE COMMIS-
SIONER IS HEREBY AUTHORIZED TO ESTABLISH A CORPORATION, WHICH SHALL HAVE
THE AUTHORITY NECESSARY TO ORGANIZE A NETWORK OF  HOSPITALS  LOCATED  IN
BROOKLYN,  INCLUDING  THE  UNIVERSITY  HOSPITAL  OF BROOKLYN ("DOWNSTATE
HOSPITAL") AND ALL PRIVATE HOSPITALS THAT ELECT TO PARTICIPATE, FOR  THE
FOLLOWING PURPOSES:
  (A) IMPROVING THE OVERALL HEALTH OF THE COVERED POPULATION SERVED;
  (B) PROMOTING THE EFFICIENT DELIVERY OF HEALTH CARE SERVICES;

S. 5902                             3

  (C) NEGOTIATING CONTRACTS WITH THIRD PARTY PAYERS;
  (D) ASSURING OPPORTUNITIES FOR TRAINING MEDICAL PROFESSIONALS;
  (E)  RECEIVING FUNDS FROM ANY SOURCE AND DISBURSING FUNDS AS APPROPRI-
ATE AND AS PERMISSIBLE UNDER FEDERAL LAW FOLLOWING APPROPRIATION BY  THE
LEGISLATURE;
  (F)  ESTABLISHING A PROCESS TO SOLICIT PUBLIC INPUT TO HELP INFORM THE
ACTIVITIES UNDER THIS SECTION; AND
  (G) CONDUCTING SUCH OTHER ACTIVITIES THAT MAY BE NECESSARY AND  APPRO-
PRIATE TO SERVE THE OBJECTIVES OF THIS SECTION.
  SUCH  CORPORATION  SHALL  NOT  BE  AUTHORIZED  TO ENGAGE IN THE DIRECT
PROVISION OF SERVICES.
  4. (A) SUCH CORPORATION SHALL BE ESTABLISHED PURSUANT TO THE  NOT-FOR-
PROFIT  CORPORATION  LAW AND SHALL BE ORGANIZED AND OPERATED EXCLUSIVELY
FOR THE PURPOSES SET FORTH IN THIS SECTION.  IT IS HEREBY DECLARED  THAT
IN  CARRYING  OUT  SUCH  PURPOSES  AND  POWERS  SUCH CORPORATION WILL BE
PERFORMING AN ESSENTIAL GOVERNMENTAL FUNCTION.
  (B) (I) THE CORPORATION SHALL BE  GOVERNED  BY  A  BOARD  OF  THIRTEEN
DIRECTORS  APPOINTED  BY  AND WITH THE CONSENT OF THE SENATE. SUCH BOARD
SHALL CONSIST OF SEVEN DIRECTORS APPOINTED BY THE GOVERNOR,  TWO  DIREC-
TORS  RECOMMENDED  BY  THE TEMPORARY PRESIDENT OF THE SENATE, TWO RECOM-
MENDED BY THE SPEAKER OF THE ASSEMBLY, ONE RECOMMENDED BY  THE  MINORITY
LEADER  OF  THE SENATE AND ONE RECOMMENDED BY THE MINORITY LEADER OF THE
ASSEMBLY. ALL DIRECTORS SHALL HAVE EXPERTISE IN RELEVANT AREAS INCLUDING
HEALTH CARE FINANCE, BANKRUPTCY, CORPORATE RESTRUCTURING, COMMUNITY  AND
ECONOMIC DEVELOPMENT, HEALTH CARE DELIVERY AND HEALTH CARE INSURANCE, OR
ARE  MEMBERS OF THE PUBLIC WHO RESIDE IN BROOKLYN, PROVIDED THAT NONE OF
THE INDIVIDUAL MEMBERS ARE DIRECTORS, OFFICERS OR EMPLOYEES OF HOSPITALS
OR IMMEDIATE FAMILY MEMBERS  OF  DIRECTORS,  OFFICERS  OR  EMPLOYEES  OF
HOSPITALS.    DIRECTORS  SHALL BE APPOINTED FOR TERMS OF THREE YEARS. IN
THE EVENT OF A VACANCY CAUSED BY DEATH, RESIGNATION, REMOVAL OR DISABIL-
ITY OF ANY MEMBER, THE VACANCY SHALL BE FILLED BY THE  GOVERNOR  BY  AND
WITH  THE  ADVICE AND CONSENT OF THE SENATE FOR THE UNEXPIRED TERM.  THE
GOVERNOR SHALL SELECT THE CHAIR OF THE BOARD FROM AMONG THE DIRECTORS.
  (II) THE DIRECTORS  SHALL  NOT  RECEIVE  ANY  COMPENSATION  FOR  THEIR
SERVICES BUT SHALL BE ENTITLED TO REIMBURSEMENT FOR ACTUAL AND NECESSARY
EXPENSES  INCURRED  IN  THE  PERFORMANCE  OF THEIR OFFICIAL DUTIES. SUCH
DIRECTORS, EXCEPT AS OTHERWISE PROVIDED BY LAW, MAY  ENGAGE  IN  PRIVATE
EMPLOYMENT,  OR  IN  A PROFESSION OR BUSINESS. NO DIRECTOR SHALL FORFEIT
HIS OR HER OFFICE OR EMPLOYMENT BY REASON OF HIS OR  HER  ACCEPTANCE  OF
APPOINTMENT  AS AN OFFICER, DIRECTOR OR EMPLOYEE OF THE CORPORATION, NOR
SHALL SERVICE AS AN OFFICER, DIRECTOR OR EMPLOYEE BE DEEMED INCOMPATIBLE
OR IN CONFLICT WITH SUCH OFFICE OR EMPLOYMENT.
  (III) THE AFFIRMATIVE VOTE OF SEVEN DIRECTORS SHALL BE  NECESSARY  FOR
THE TRANSACTION OF ANY BUSINESS OR THE EXERCISE OF ANY POWER OR FUNCTION
OF  SUCH BOARD. SUCH BOARD MAY DELEGATE TO ONE OR MORE OF ITS MEMBERS OR
AGENTS SUCH POWERS AND DUTIES AS IT MAY DEEM PROPER.
  (IV) THE DIRECTORS SHALL SELECT AND SHALL  DETERMINE  THE  SALARY  AND
BENEFITS OF AN EXECUTIVE DIRECTOR OF THE CORPORATION.
  5.  (A)  TO  CARRY  OUT THE PURPOSES SET FORTH IN SUBDIVISION THREE OF
THIS SECTION THE CORPORATION SHALL HAVE THE FOLLOWING POWERS AND DUTIES,
IN ADDITION TO OTHER POWERS AND DUTIES AFFORDED TO A CORPORATION BY LAW:
  (I) TO DIRECT THE PLACEMENT OF SUNY DOWNSTATE STUDENTS  AMONG  PARTIC-
IPATING  HOSPITALS,  WITH  THE  APPROVAL  OF  THE SUNY DOWNSTATE MEDICAL
SCHOOLS AND IN ACCORDANCE WITH  THE  REQUISITE  ACCREDITATION  ORGANIZA-
TIONS;

S. 5902                             4

  (II)  TO ASSIST THE DEPARTMENT OF HEALTH IN THE DEVELOPMENT AND IMPLE-
MENTATION OF A BROOKLYN PLAN FOR FEDERAL DELIVERY SYSTEM  REFORM  INCEN-
TIVE  PROGRAM  ("DSRIP")  FUNDS, INCLUDING THE DEVELOPMENT OF BENCHMARKS
FOR EACH PARTICIPATING HOSPITAL AND WORKFORCE RETRAINING INITIATIVES;
  (III)  TO SEEK THE INPUT OF THE LEGISLATURE IN DEVELOPING THE BROOKLYN
DSRIP PLAN;
  (IV) TO POST THE BROOKLYN DSRIP PLAN ON A PUBLICLY ACCESSIBLE  WEBSITE
AND  PROVIDE  WRITTEN  COPIES  OF  SUCH PLAN TO THE CHAIRS OF THE SENATE
FINANCE, ASSEMBLY WAYS AND MEANS, AND SENATE AND ASSEMBLY HEALTH COMMIT-
TEES AT LEAST THIRTY DAYS BEFORE THE DATE  ON  WHICH  IMPLEMENTATION  IS
EXPECTED TO BEGIN;
  (V)  TO MONITOR EACH PARTICIPATING HOSPITAL'S PERFORMANCE AGAINST SUCH
PERFORMANCE BENCHMARKS AND ENSURE THE  IMPLEMENTATION  OF  THE  PLAN  AS
NECESSARY  BY  REQUIRING  PARTICIPATING  HOSPITALS  TO  TAKE APPROPRIATE
ACTION;
  (VI) TO DISBURSE BROOKLYN DSRIP FUNDS PURSUANT TO SUCH DSRIP PLAN  AND
IN  ACCORDANCE  WITH  FEDERAL  LAW  BUT  ONLY AFTER APPROPRIATION BY THE
LEGISLATURE;
  (VII) TO PREPARE QUARTERLY REPORTS ON THE  ACTIVITIES  OF  THE  CORPO-
RATION,  INCLUDING THE RECEIPT AND DISBURSEMENT OF FUNDS, WHICH SHALL BE
MADE AVAILABLE ON A PUBLICLY ACCESSIBLE WEBSITE;
  (VIII) TO ESTABLISH A PROCESS TO SOLICIT PUBLIC INPUT TO  HELP  INFORM
THE  ACTIVITIES OF THE CORPORATION, INCLUDING THE DEVELOPMENT AND IMPLE-
MENTATION OF THE BROOKLYN DSRIP PLAN.  SUCH PROCESS FOR THE SOLICITATION
OF PUBLIC INPUT SHALL CONSIST OF AT LEAST  THREE  PUBLIC  MEETINGS,  AND
PUBLIC  AND  PRIVATE CONSULTATIONS WITH HEALTH AND HOSPITAL STAKEHOLDERS
IN BROOKLYN;
  (IX) TO DEVELOP A TRANSITION STRATEGY DESIGNED  TO  SUPPORT  THE  LONG
TERM  SUSTAINABILITY  OF  THE  HEALTH  CARE SYSTEM IN BROOKLYN IN ANTIC-
IPATION OF THE EXPIRATION OF THIS SECTION; AND
  (X) TO CONDUCT SUCH OTHER ACTIVITIES AS NECESSARY AND  APPROPRIATE  TO
SERVE  THE  OBJECTIVES  OF  THIS SECTION, PROVIDED THAT NO DSRIP PLAN OR
TRANSITIONAL PLAN SHALL REQUIRE, DIRECTLY OR INDIRECTLY,  THE  REDUCTION
OF  BEDS  AT  DOWNSTATE  HOSPITAL  TO  AN  AMOUNT THAT IS FEWER THAN TWO
HUNDRED FIFTY BEDS,  OR  THE  CLOSURE  OF  THE  SUNY  DOWNSTATE  MEDICAL
SCHOOLS.
  (B)  SUCH  CORPORATION  WILL  CONVENE  AN  ADVISORY  COMMITTEE FOR THE
PURPOSE OF PROVIDING ADVICE AND  GUIDANCE  TO  THE  CORPORATION  IN  THE
ACHIEVEMENT  OF  THE  OBJECTIVES SET FORTH IN THIS SECTION. THE ADVISORY
COMMITTEE SHALL CONSIST OF ONE REPRESENTATIVE  FROM  EACH  PARTICIPATING
HOSPITAL, AS WELL AS THIRTEEN INDIVIDUALS WHO HAVE EXPERTISE IN RELEVANT
AREAS  INCLUDING  HEALTH CARE FINANCE, BANKRUPTCY, CORPORATE RESTRUCTUR-
ING, COMMUNITY AND ECONOMIC DEVELOPMENT, HEALTH CARE DELIVERY AND HEALTH
CARE INSURANCE, OR ARE MEMBERS OF THE PUBLIC  WHO  RESIDE  IN  BROOKLYN,
PROVIDED  THAT NONE OF THE INDIVIDUAL MEMBERS ARE DIRECTORS, OFFICERS OR
EMPLOYEES OF HOSPITALS OR IMMEDIATE FAMILY MEMBERS OF  DIRECTORS,  OFFI-
CERS  OR  EMPLOYEES  OF HOSPITALS. SUCH INDIVIDUAL MEMBERS SHALL INCLUDE
TWO MEMBERS RECOMMENDED BY THE TEMPORARY PRESIDENT OF  THE  SENATE,  TWO
RECOMMENDED  BY  THE  SPEAKER  OF  THE  ASSEMBLY, ONE RECOMMENDED BY THE
MINORITY LEADER OF THE SENATE AND ONE RECOMMENDED BY THE MINORITY LEADER
OF THE ASSEMBLY.
  6. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
COMMISSIONER SHALL ISSUE TO PARTICIPATING  HOSPITALS  OPERATING  CERTIF-
ICATES  THAT  SHALL LIST THE CORPORATION AS A CO-OPERATOR OF EACH OF THE
HEALTH FACILITIES OF SUCH HOSPITALS. SUCH CORPORATION SHALL  BE  AUTHOR-
IZED  TO  ENTER INTO AGREEMENTS WITH PARTICIPATING HOSPITALS UNDER WHICH

S. 5902                             5

THE CORPORATION, ACTING AS A  CO-OPERATOR  OF  EACH  SUCH  PARTICIPATING
HOSPITAL,  SHALL  HAVE  SUCH  POWERS  AS  ARE CONSISTENT WITH THE PUBLIC
PURPOSE AS SET FORTH IN THIS SECTION, AND SHALL BE DEEMED TO  BE  ACTING
AS A PUBLIC HOSPITAL.
  (B)  WHENEVER  THE  CORPORATION OR A PARTICIPATING HOSPITAL DETERMINES
THAT INCLUSION OF A HOSPITAL  AS  A  PARTICIPANT  IN  THE  CORPORATION'S
NETWORK DOES NOT SERVE, OR IS NO LONGER NECESSARY TO SERVE, THE PURPOSES
OF  THIS  SECTION, AS SET FORTH IN THE AGREEMENT BETWEEN THE CORPORATION
AND SUCH HOSPITAL, THE CORPORATION, ON ONE HUNDRED EIGHTY  DAYS  WRITTEN
NOTICE,  SHALL  ISSUE  TO THAT HOSPITAL AN OPERATING CERTIFICATE THAT NO
LONGER LISTS THE CORPORATION AS A CO-OPERATOR OF THE HOSPITAL.
  7. (A) NOTHING IN THIS SECTION SHALL BE DEEMED TO SUBJECT THE STATE OR
ANY OF ITS AGENCIES, THE CORPORATION, OR ANY OFFICER, MEMBER OR EMPLOYEE
THEREOF TO LIABILITY FOR ANY ACT OR OMISSION BY ANY PARTICIPATING HOSPI-
TAL.  HOWEVER, THIS PARAGRAPH SHALL NOT ABSOLVE ANY PERSON OR ENTITY FOR
LIABILITY FOR ITS OWN ACT OR OMISSION.
  (B) NOTHING IN THIS SECTION SHALL BE DEEMED TO IMPOSE ANY LIABILITIES,
OBLIGATIONS, OR RESPONSIBILITIES OF ANY PARTICIPATING HOSPITAL UPON  THE
STATE OR ANY OF ITS AGENCIES, THE CORPORATION, OR ANY OFFICER, MEMBER OR
EMPLOYEE THEREOF EXCEPT AS PROVIDED IN THIS SECTION.
  8. IN ORDER TO PROMOTE IMPROVED QUALITY OF, AND ACCESS TO, HEALTH CARE
SERVICES  AND  PROMOTE IMPROVED CLINICAL OUTCOMES IN BROOKLYN, IT IS THE
POLICY OF THE STATE TO ENCOURAGE COOPERATIVE, COLLABORATIVE AND INTEGRA-
TIVE ARRANGEMENTS AMONG PAYORS OF HEALTH CARE SERVICES AND  HEALTH  CARE
SERVICES  PROVIDERS WHO MIGHT OTHERWISE BE COMPETITORS, UNDER THE ACTIVE
SUPERVISION OF THE CORPORATION AND THE COMMISSIONER.  IT IS  THE  INTENT
OF  THE  STATE  TO SUPPLANT COMPETITION WITH SUCH ARRANGEMENTS AND REGU-
LATION ONLY TO THE EXTENT NECESSARY TO ACCOMPLISH THE PURPOSES  OF  THIS
SECTION AND TO PROVIDE STATE ACTION IMMUNITY UNDER THE STATE AND FEDERAL
ANTITRUST LAWS TO THE PARTICIPATING HOSPITALS.
  S 2. Subdivision 20 of section 2807 of the public health law, as added
by  section 9 of part Q of chapter 56 of the laws of 2013, is amended to
read as follows:
  20. Notwithstanding any contrary provision of law and subject  to  the
receipt  of  all  necessary  federal  approvals  and the availability of
federal financial participation, the commissioner is authorized to enter
into agreements with THE CORPORATION  ESTABLISHED  PURSUANT  TO  SECTION
TWENTY-EIGHT HUNDRED TWENTY-FOUR OF THIS ARTICLE, SUNY downstate medical
center, other public general hospitals, and/or with the sponsoring local
governments  of  such  other  public general hospitals, under which such
CORPORATION, facilities and/or such local government shall, by intergov-
ernmental transfer, fund the non-federal share of  Medicaid  funds  made
available  for  Delivery  System  Reform Incentive [Payments ("DSRIPS")]
PROGRAM ("DSRIP") PAYMENTS to such facilities.  Such  non-federal  share
payments  shall be deemed voluntary and, further, such payments shall be
excluded from computations made pursuant to section one  of  part  C  of
chapter  fifty-eight  of  the  laws of two thousand five, as amended. In
addition, the  CORPORATION,  facilities,  and/or  the  sponsoring  local
governments of such facilities or the state may, by written notification
to the other parties to the agreement, cancel such agreement at any time
prior to the payment of the DSRIP funds.
  S 3. Subdivision 21 of section 2807 of the public health law, as added
by section 10 of part Q of chapter 56 of the laws of 2013, is amended to
read as follows:
  21.  Notwithstanding  any contrary provision of law and subject to the
receipt of all necessary  federal  approvals  and  the  availability  of

S. 5902                             6

federal financial participation, the commissioner is authorized to enter
into  agreements  with  THE  CORPORATION ESTABLISHED PURSUANT TO SECTION
TWENTY-EIGHT HUNDRED TWENTY-FOUR OF THIS ARTICLE, SUNY downstate medical
center, other public general hospitals, and/or with the sponsoring local
governments  of  such  other  public general hospitals, under which such
CORPORATION, facilities and/or such local government shall, by intergov-
ernmental transfer, fund the non-federal share of  Medicaid  funds  made
available  for  implementation  of  Medicaid  Redesign Team initiatives,
WHICH MAY ONLY BE DISBURSED SUBJECT TO APPROPRIATION BY THE LEGISLATURE.
Such non-federal share payments shall be deemed voluntary and,  further,
such  payments  shall  be  excluded  from  computations made pursuant to
section one of part C of chapter fifty-eight of the laws of two thousand
five, as amended. In addition, the CORPORATION, facilities,  and/or  the
sponsoring  local  governments  of  such facilities or the state may, by
written notification to the other parties to the agreement, cancel  such
agreement at any time prior to the payment of the Medicaid Redesign Team
initiatives funds.
  S 4. The opening paragraph of section 6 of part Q of chapter 56 of the
laws  of  2013,  amending  the  education law and the public health law,
relating to funding to SUNY Downstate Medical Center and  directing  the
restructuring of hospital, is amended to read as follows:
  Notwithstanding  any inconsistent provision of sections 112 and 163 of
the state finance law, section 355 of the education law, or section  142
of  the  economic development law, or any other law, [in academic fiscal
year 2013-14] the chancellor, for the purpose of implementing a sustain-
ability plan for Downstate Hospital is hereby authorized to enter into a
contract or contracts under this section  without a competitive  bid  or
request  for proposal process and provided further that such contract or
contracts shall not be subject to the requirements set forth in subdivi-
sions 2 and 3 of section 112 of the state finance law, provided,  howev-
er, that:
  S  5.  This  act shall take effect immediately and shall expire and be
deemed repealed six years from the date on which  this  act  shall  have
become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.