This bill has been amended

Bill S5906-2013

Relates to SUNY Downstate Hospital

Relates to SUNY Downstate Hospital.

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  • Jun 21, 2013: REFERRED TO RULES

Memo

BILL NUMBER:S5906

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL:

To provide for the sustained operation of an independent SUNY Downstate Medical Center, using existing assets to leverage support for the expansion of community-based care.

SUMMARY OF SPECIFIC PROVISIONS:

Section one establishes legislative intent.

Section two sets conditions that must be included in order for the sustainability plan, as enacted in the State Fiscal Year 2013-14 budget, to be implemented,

Subdivision (a) requires the establishment of ambulatory care clinics and provides for staffing levels therein.

Subdivision (b) requires the net value of real estate at the Long Island College Hospital be monetized to support implementation of the plan and the solvency of SUNY Downstate Medical Center.

Subdivision (c) requires SUNY Downstate Medical to develop curriculum for resident education at the freestanding clinics required under this legislation.

JUSTIFICATION:

SUNY Downstate Medical Center is located in central Brooklyn and is comprised of the University Hospital of Brooklyn; the College of Medicine; the College of Health Related Professions; the College of Nursing; the School of Graduate Studies; and School of Public Health. SUNY Downstate employs approximately 8,000 faculty and staff and is the fourth largest employer in Brooklyn.

SUNY Downstate plays a central role in the Brooklyn health care system that provides critical services to the borough's 2.5 million residents. SUNY Downstate's recent financial difficulties not only jeopardize the health care system in Brooklyn but the SUNY system as a whole. This bill provides leverages SUNY Downstate's existing resources to support a facility restructuring that will position the institution to become a leader in health care in Brooklyn.

HISTORY:

New bill.

FISCAL IMPLICATIONS:

This bill leverages SUNY Downstate's existing resources without the need for additional State support.

EFFECTIVE DATE:

Effective immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5906 2013-2014 Regular Sessions IN SENATE June 21, 2013 ___________
Introduced by Sens. MONTGOMERY, PARKER -- read twice and ordered print- ed, and when printed to be committed to the Committee on Rules 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 recue the state subsidy to its historic level. Its implementation is an alternative to closing LICH and laying off a mini- 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.

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