Requires a public hearing where there is a proposal to reduce the number of hours or closure of a hospital emergency department; provides that no executive bonuses shall be given in a calendar year in which a request to reduce the hours or close a hospital emergency department is sent to the department, an application is in the process of being reviewed by the department to reduce the hours or close a hospital emergency department or in the calendar year following a final decision by the department to reduce the hours or close such hospital emergency department.
TITLE OF BILL: An act to amend the public health law, in relation to the reduction of hours or closure of a hospital emergency department
To require that public participation is made available when reductions to a hospital's emergency department hours are being considered by the New York State Department of Health. The legislation also requires financial accountability on the part of hospital executives when such a reduction is requested.
SUMMARY OF PROVISIONS:
Requires a public hearing by the New York State Department of Health in the affected community of a proposed reduction in hours to a hospital's emergency room. Also prohibits the issuing of hospital executive bonuses at and immediately after the time of the request to the Department of Health.
Emergency departments are a basic service provided by a hospital to the surrounding community. In light of recent requests by a number of hospitals to the Department of Health to reduce hours at their emergency department and given negative effects such a decision would have on the community, it is important that a public hearing be held in the hospital's geographic area and input be received by those who would be affected.
Furthermore, hospitals that have submitted aforementioned requests to reduce hours at their emergency department often claim it is out of financial necessity. If that is the case, bonuses to the hospital's executives should be prohibited at and immediately after the time of the request to the Department of Health, If there is no funding for basic service such as an emergency department, it is irresponsible to suggest that funding is available for hospital executive bonuses.
Nominal cost to Department of Health to hold public hearings.
STATE OF NEW YORK ________________________________________________________________________ 5972--A 2013-2014 Regular Sessions IN SENATE October 28, 2013 ___________Introduced by Sen. LARKIN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to the reduction of hours or closure of a hospital emergency department 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 2801-h to read as follows: S 2801-H. PUBLIC HEARING ON HOSPITAL EMERGENCY DEPARTMENT REDUCTION OF HOURS OR CLOSURE. 1. NO LATER THAN SIX MONTHS FROM RECEIVING A PROPOSAL FROM A GENERAL HOSPITAL FOR THE REDUCTION OF HOURS OR CLOSURE OF AN EMERGENCY DEPARTMENT OF SUCH GENERAL HOSPITAL, THE COMMISSIONER SHALL HOLD A PUBLIC HEARING FOR THE PURPOSE OF OBTAINING PUBLIC INPUT CONCERN- ING THE ANTICIPATED IMPACT OF THE REDUCTION OF HOURS OR GENERAL HOSPI- TAL'S EMERGENCY DEPARTMENT CLOSURE ON ACCESS TO HEALTH CARE SERVICES BY MEMBERS OF THE SURROUNDING COMMUNITY, INCLUDING BUT NOT LIMITED TO, RECIPIENTS OF MEDICAL ASSISTANCE FOR NEEDY PERSONS, THE UNINSURED, AND UNDERSERVED POPULATIONS, AND OPTIONS AND PROPOSALS TO AMELIORATE SUCH ANTICIPATED IMPACT. THE COMMISSIONER SHALL AFFORD COMMUNITY MEMBERS, HEALTH CARE PROVIDERS, LABOR UNIONS, PAYERS, BUSINESSES AND CONSUMERS A REASONABLE OPPORTUNITY TO SPEAK ABOUT RELEVANT MATTERS AT SUCH COMMUNITY FORUM. 2. A PUBLIC HEARING CONDUCTED PURSUANT TO THIS SECTION SHALL BE HELD AT A LOCATION WITHIN A REASONABLE PROXIMITY TO SUCH GENERAL HOSPITAL EMERGENCY DEPARTMENT SUBJECT TO REDUCTION OF HOURS OR CLOSURE, AND SHALL BE ANNOUNCED NO LESS THAN TEN DAYS PRIOR TO THE DATE OF SUCH PUBLIC HEARING. 3. NO HOSPITAL EXECUTIVE BONUSES SHALL BE GIVEN IN A CALENDAR YEAR IN WHICH A REQUEST TO REDUCE THE HOURS OR CLOSE A HOSPITAL EMERGENCYEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11932-04-3 S. 5972--A 2
DEPARTMENT IS SENT TO THE DEPARTMENT, AN APPLICATION IS IN THE PROCESS OF BEING REVIEWED BY THE DEPARTMENT TO REDUCE THE HOURS OR CLOSE A HOSPITAL EMERGENCY DEPARTMENT OR IN THE CALENDAR YEAR OF AND THE CALEN- DAR YEAR FOLLOWING A FINAL DECISION BY THE DEPARTMENT TO REDUCE THE HOURS OR CLOSE SUCH HOSPITAL EMERGENCY DEPARTMENT. S 2. Any hospital emergency department reduction of hours or closure pending before the department of health shall be delayed and subject to the provisions of section 2801-h of the public health law, as added by section one of this act. S 3. This act shall take effect immediately.