BILL NO A10748A
SAME AS SAME AS S07483-A
SPONSOR Lancman (MS)
COSPNSR Mayersohn, Meng, DenDekker, Clark, Aubry, Titus, Scarborough,
Carrozza, Pheffer, Weprin D, Miller M, Benedetto, Lifton, DelMonte,
Reilly, Christensen, Benjamin, Perry, Hyer-Spencer, Gibson, Maisel,
Castro, Robinson, Barron, Rivera P
MLTSPNSR Cook, Gianaris, Glick, Gottfried, Hevesi, Markey, Nolan, Sweeney,
Thiele, Weisenberg
Add S2801-g, Pub Health L
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.
BILL NO A10748A
04/19/2010 referred to health
04/27/2010 reported referred to ways and means
06/15/2010 amend and recommit to ways and means
06/15/2010 print number 10748a
06/24/2010 reported referred to rules
06/24/2010 reported
06/24/2010 rules report cal.360
06/24/2010 substituted by s7483a
S07483 AMEND=A HUNTLEY
04/14/2010 REFERRED TO HEALTH
06/15/2010 AMEND AND RECOMMIT TO HEALTH
06/15/2010 PRINT NUMBER 7483A
06/23/2010 COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/23/2010 ORDERED TO THIRD READING CAL.1144
06/24/2010 PASSED SENATE
06/24/2010 DELIVERED TO ASSEMBLY
06/24/2010 referred to ways and means
06/24/2010 substituted for a10748a
06/24/2010 ordered to third reading rules cal.360
06/28/2010 passed assembly
06/28/2010 returned to senate
09/20/2010 DELIVERED TO GOVERNOR
10/01/2010 SIGNED CHAP.541
BILL NUMBER:A10748A
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 surround-
ing community and require the department of health to identify the meas-
ures 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 econom-
ic 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.
S T A T E O F N E W Y O R K
________________________________________________________________________
10748--A
I N A S S E M B L Y
April 19, 2010
___________
Introduced by M. of A. LANCMAN, MAYERSOHN, MENG, DenDEKKER, CLARK,
AUBRY, TITUS, SCARBOROUGH, CARROZZA, PHEFFER, D. WEPRIN, M. MILLER,
BENEDETTO, LIFTON, DelMONTE, REILLY, CHRISTENSEN, BENJAMIN, PERRY,
HYER-SPENCER, GIBSON, MAISEL, CASTRO, ROBINSON -- Multi-Sponsored by
-- M. of A. COOK, GIANARIS, GLICK, GOTTFRIED, HEVESI, MARKEY, NOLAN,
SWEENEY, THIELE, WEISENBERG -- read once and referred to the Committee
on Health -- reported and referred to the Committee on Ways and Means
-- 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:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "hospital closure planning act".
3 S 2. The public health law is amended by adding a new section 2801-g
4 to read as follows:
5 S 2801-G. COMMUNITY FORUM ON HOSPITAL CLOSURE. 1. NO LATER THAN THIRTY
6 DAYS AFTER THE CLOSURE OF A GENERAL HOSPITAL, THE COMMISSIONER SHALL
7 HOLD A PUBLIC COMMUNITY FORUM FOR THE PURPOSE OF OBTAINING PUBLIC INPUT
8 CONCERNING THE ANTICIPATED IMPACT OF THE GENERAL HOSPITAL'S CLOSURE ON
9 ACCESS TO HEALTH CARE SERVICES BY MEMBERS OF THE SURROUNDING COMMUNITY,
10 INCLUDING BUT NOT LIMITED TO RECIPIENTS OF MEDICAL ASSISTANCE FOR NEEDY
11 PERSONS, THE UNINSURED, AND UNDERSERVED POPULATIONS, AND OPTIONS AND
12 PROPOSALS TO AMELIORATE SUCH ANTICIPATED IMPACT. THE COMMISSIONER SHALL
13 AFFORD COMMUNITY MEMBERS, HEALTH CARE PROVIDERS, LABOR UNIONS, PAYERS,
14 BUSINESSES AND CONSUMERS A REASONABLE OPPORTUNITY TO SPEAK ABOUT RELE-
15 VANT MATTERS AT SUCH COMMUNITY FORUM.
16 2. NO LATER THAN SIXTY DAYS AFTER HOLDING A COMMUNITY FORUM PURSUANT
17 TO SUBDIVISION ONE OF THIS SECTION, THE COMMISSIONER SHALL MAKE AVAIL-
18 ABLE TO THE PUBLIC ON THE DEPARTMENT'S WEBSITE INFORMATION REGARDING:
19 (A) THE ANTICIPATED IMPACT OF THE GENERAL HOSPITAL'S CLOSURE ON ACCESS
20 TO HEALTH CARE SERVICES BY MEMBERS OF THE SURROUNDING COMMUNITY, INCLUD-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11426-15-0
A. 10748--A 2
1 ING BUT NOT LIMITED TO RECIPIENTS OF MEDICAL ASSISTANCE FOR NEEDY
2 PERSONS, THE UNINSURED, AND UNDERSERVED POPULATIONS;
3 (B) SPECIFIC MEASURES THE DEPARTMENT AND OTHER PARTIES HAVE TAKEN OR
4 WILL TAKE TO AMELIORATE SUCH ANTICIPATED IMPACT; AND
5 (C) ANY FURTHER RECOMMENDATIONS REGARDING ACCESS TO HEALTH CARE
6 SERVICES IN COMMUNITIES IMPACTED BY THE GENERAL HOSPITAL'S CLOSURE.
7 3. A COMMUNITY FORUM CONDUCTED PURSUANT TO THIS SECTION SHALL BE HELD
8 AT A LOCATION WITHIN A REASONABLE PROXIMITY TO THE GENERAL HOSPITAL
9 SUBJECT TO CLOSURE, AND SHALL BE ANNOUNCED NO LESS THAN TEN DAYS PRIOR
10 TO THE DATE OF SUCH COMMUNITY FORUM.
11 S 3. This act shall take effect immediately and shall apply only to
12 general hospitals that close on or after such effective date.
