Enacts the "hospital closure planning act"; provides that whenever a general hospital closes, the commissioner of health shall within thirty days of being notified of such closure, hold a public hearing at a location within the geographic area served by such general hospital to solicit testimony concerning the extent to which such closure will result in the reduction or elimination of health care services in the affected community, and options and proposals for replacing or enhancing such health care services through other means in order to meet the needs of residents in the affected community; makes related provisions.
Ayes (61): Adams, Addabbo, Alesi, Aubertine, Bonacic, Breslin, DeFrancisco, Diaz, Dilan, Duane, Espada, Farley, Flanagan, Foley, Fuschillo, Golden, Griffo, Hannon, Hassell-Thomps, Huntley, Johnson C, Johnson O, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Leibell, Libous, Little, Marcellino, Maziarz, McDonald, Montgomery, Nozzolio, Onorato, Oppenheimer, Padavan, Parker, Peralta, Perkins, Ranzenhofer, Robach, Saland, Sampson, Savino, Schneiderman, Serrano, Seward, Skelos, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousins, Thompson, Valesky, Volker, Winner, Young
Excused (1): Morahan
TITLE OF BILL: An act to amend the public health law, in relation to enacting the "hospital closure planning act"
PURPOSE OR GENERAL IDEA OF BILL: To allow for community input on the impact of a hospital's closing on access to health care in the surrounding community and require the department of health to identify the measures which the department and other parties have taken or will take to ameliorate such impact.
SUMMARY OF SPECIFIC PROVISIONS: The public health law is amended by adding a new section, 2801-g, which would require a public forum on the consequences of a hospital's closing and a response from the state health commissioner on measures to mitigate the negative effects of the planned closing.
JUSTIFICATION: New York's hospitals are a vital part of the state's health care infrastructure. The loss of these institutions can have serious public health consequences for the surrounding community, including but not limited to recipients of medical assistance for needy persons, the uninsured, and underserved populations. The current economic climate increases the chances that hospitals that provide important services may be forced to close for financial reasons. Therefore, it is critical that procedures be in place to establish contingency plans that will minimize the impact of such closings on the affected community.
PRIOR LEGISLATIVE HISTORY: None.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 7483--A IN SENATE April 14, 2010 ___________Introduced by Sens. HUNTLEY, ESPADA, THOMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to enacting the "hospital closure planning act" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as the "hospital closure planning act". S 2. The public health law is amended by adding a new section 2801-g to read as follows: S 2801-G. COMMUNITY FORUM ON HOSPITAL CLOSURE. 1. NO LATER THAN THIRTY DAYS AFTER THE CLOSURE OF A GENERAL HOSPITAL, THE COMMISSIONER SHALL HOLD A PUBLIC COMMUNITY FORUM FOR THE PURPOSE OF OBTAINING PUBLIC INPUT CONCERNING THE ANTICIPATED IMPACT OF THE GENERAL HOSPITAL'S 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 RELE- VANT MATTERS AT SUCH COMMUNITY FORUM. 2. NO LATER THAN SIXTY DAYS AFTER HOLDING A COMMUNITY FORUM PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE COMMISSIONER SHALL MAKE AVAIL- ABLE TO THE PUBLIC ON THE DEPARTMENT'S WEBSITE INFORMATION REGARDING: (A) THE ANTICIPATED IMPACT OF THE GENERAL HOSPITAL'S CLOSURE ON ACCESS TO HEALTH CARE SERVICES BY MEMBERS OF THE SURROUNDING COMMUNITY, INCLUD- ING BUT NOT LIMITED TO RECIPIENTS OF MEDICAL ASSISTANCE FOR NEEDY PERSONS, THE UNINSURED, AND UNDERSERVED POPULATIONS; (B) SPECIFIC MEASURES THE DEPARTMENT AND OTHER PARTIES HAVE TAKEN OR WILL TAKE TO AMELIORATE SUCH ANTICIPATED IMPACT; AND (C) ANY FURTHER RECOMMENDATIONS REGARDING ACCESS TO HEALTH CARE SERVICES IN COMMUNITIES IMPACTED BY THE GENERAL HOSPITAL'S CLOSURE.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11426-16-0 S. 7483--A 2
3. A COMMUNITY FORUM CONDUCTED PURSUANT TO THIS SECTION SHALL BE HELD AT A LOCATION WITHIN A REASONABLE PROXIMITY TO THE GENERAL HOSPITAL SUBJECT TO CLOSURE, AND SHALL BE ANNOUNCED NO LESS THAN TEN DAYS PRIOR TO THE DATE OF SUCH COMMUNITY FORUM. S 3. This act shall take effect immediately and shall apply only to general hospitals that close on or after such effective date.