S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    755
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced by M. of A. PERRY, LENTOL, MOSLEY, COLTON, CYMBROWITZ, ABBATE
   -- read once and referred to the Committee on Ways and Means
 
 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  2017.  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 restore 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06432-01-7

 A. 755                              2
 
 workers  if  they  can  be  retrained  to  provide the primary care that
 central and western Brooklyn desperately needs.
   §  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:
   § 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  2818  OF  THE
 PUBLIC  HEALTH  LAW  AND  ACCELERATION  OF  PAYMENTS PURSUANT TO SECTION
 2807-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.
   § 3. This act shall take effect immediately.