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A01633 Summary:

A01633 Actions:

A01633 Committee Votes:

Committee:HEALTH   Chair:Paulin      
DATE:01/31/2023AYE/NAY:16/7  Action: Favorable refer to committee Ways and Means        
Paulin
Aye
Jensen
Nay
Dinowitz
Aye
McDonough
Excused
Gunther
Aye
Byrnes
Nay
Rosenthal L 
Excused
Gandolfo
Nay
Hevesi
Aye
Mikulin
Nay
Steck
Aye
Blumencranz
Nay
Braunstein
Aye
Bendett
Nay
Solages
Aye
Gray
Nay
Bichotte Hermel
Aye
Sayegh
Aye
Rosenthal D 
Aye
McDonald
Aye
Reyes
Aye
Gonzalez-Rojas
Aye
Rajkumar
Aye
Forrest
Aye
Kelles
Excused
Lucas
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:05/17/2023AYE/NAY:24/10  Action: Favorable refer to committee Rules        
Weinstein
Aye
Ra
Nay
Glick
Aye
Fitzpatrick
Nay
Pretlow
Aye
Hawley
Nay
Colton
Aye
Blankenbush
Nay
Cook
Aye
Norris
Aye
Aubry
Aye
Brabenec
Nay
Benedetto
Aye
Palmesano
Nay
Weprin
Aye
Walsh
Nay
Ramos
Aye
DeStefano
Nay
Braunstein
Aye
Manktelow
Nay
McDonald
Aye
Smullen
Nay
Rozic
Aye
Dinowitz
Aye
Joyner
Aye
Magnarelli
Aye
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye
Walker
Excused
Bichotte Hermel
Aye
Simon
Aye
Cruz
Aye

Committee:RULES   Chair:Pretlow      
DATE:05/22/2023AYE/NAY:20/7  Action: Favorable         
Heastie
Excused
Barclay
Nay
Weinstein
Aye
Hawley
Excused
Pretlow
Aye
Giglio
Nay
Cook
Aye
Blankenbush
Nay
Glick
Excused
Norris
Aye
Aubry
Aye
Ra
Nay
Dinowitz
Aye
Brabenec
Nay
Colton
Aye
Palmesano
Nay
Magnarelli
Aye
Reilly
Nay
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye
Hyndman
Excused
Rozic
Aye
Bronson
Aye

A01633 Floor Votes:

A01633 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1633--A
                                                                 Cal. No. 47
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  SIMON,  CRUZ, REYES, GLICK, WEPRIN, BURDICK,
          JACOBSON, OTIS, CUNNINGHAM, SEAWRIGHT, SANTABARBARA, MITAYNES,  GONZA-
          LEZ-ROJAS,  COLTON,  FORREST, PHEFFER AMATO, BARRETT, SHRESTHA, LEVEN-
          BERG, ARDILA, MAMDANI, DINOWITZ, TAPIA, LEE -- Multi-Sponsored  by  --
          M. of A. CARROLL, COOK, DAVILA, EPSTEIN, HEVESI, PAULIN, STECK, WALKER
          --  read  once and referred to the Committee on Health -- ordered to a
          third reading, amended and ordered reprinted, retaining its  place  on
          the order of third reading
 
        AN  ACT  to amend the public health law, in relation to providing public
          notice and public engagement when a general hospital  seeks  to  close
          entirely or a unit that provides maternity, mental health or substance
          use care
 
          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 "local input in community healthcare act".
     3    § 2.  Section 2801-g of the public health law, as added by chapter 541
     4  of  the  laws  of 2010, subdivision 4 as added by section 3 of part E of
     5  chapter 57 of the laws of 2023, is amended to read as follows:
     6    § 2801-g. Community [forum] notice and engagement on hospital closure.
     7  1. Written notification of a proposed closure of a general  hospital  or
     8  unit  of  a  general hospital must be provided to the department and all
     9  parties listed in subdivision seven of this section no  later  than  two
    10  hundred  seventy  days  prior  to the proposed closure date.  As used in
    11  this section, "unit" means a portion of a general hospital  that  offers
    12  emergency,  maternity,  and  mental  health  or  substance use services.
    13  "Unit" shall also mean any  other  hospital  service  or  health-related
    14  service  of  a  hospital,  including  specialty  care  services,  if the
    15  proposed closure will result in the reduction or unavailability of  such
    16  services in the hospital's service area or county where it is located.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02692-06-4
        A. 1633--A                          2
 
     1    2.  A  general  hospital  that seeks to close entirely or close one or
     2  more units shall submit an application that requires review and approval
     3  by the public health and health planning council, or any successor enti-
     4  ty. The application for the closure shall include a health equity impact
     5  assessment,  as  defined  by  section twenty-eight hundred two-b of this
     6  article, and a proposed closure plan. The application shall be submitted
     7  at least two hundred ten days before the proposed closure. No cessation,
     8  pause, transfer, or limitation of service may  be  carried  out  without
     9  prior  written  approval  by  the commissioner. As used in this section,
    10  "transfer of services" shall include conversion of services  from  inpa-
    11  tient  to  outpatient  services, the moving of services to other facili-
    12  ties, or the transfer of personnel that would constitute a reduction  or
    13  unavailability of services.
    14    3.  No later than [thirty] one hundred fifty days [after] prior to the
    15  proposed closure of a general hospital or a unit of a general  hospital,
    16  the  commissioner shall hold a public community forum for the purpose of
    17  obtaining public input concerning the anticipated impact of the  general
    18  hospital's  or  general hospital unit's closure on access to health care
    19  services by members of the  surrounding  community,  including  but  not
    20  limited to recipients of medical assistance for needy persons, the unin-
    21  sured, and medically underserved populations as defined in paragraph (d)
    22  of  subdivision  one  of  section  twenty-eight  hundred  two-b  of this
    23  article, and  options  and  proposals  to  ameliorate  such  anticipated
    24  impact.  The  commissioner  shall  afford community members, health care
    25  providers, labor unions, payers, businesses and consumers  a  reasonable
    26  opportunity to speak about relevant matters at such community forum.
    27    [2.]  4.  No  later  than [sixty] thirty days [after] before holding a
    28  community forum pursuant to subdivision [one] three of this section, the
    29  commissioner shall make available to  the  public  on  the  department's
    30  website information regarding:
    31    (a) the proposed closure plan submitted by the health facility;
    32    (b) the anticipated impact of the general hospital's closure or unit's
    33  closure  on access to health care services by members of the surrounding
    34  community, including but not limited to recipients of medical assistance
    35  for needy persons, the uninsured, and underserved populations;
    36    [(b)] (c) specific measures the  department  and  other  parties  have
    37  taken  or  will take to ameliorate such anticipated impact including but
    38  not limited to ensuring that the services  to  be  eliminated  would  be
    39  available  to  Medicaid,  or individuals that are insured by a publicly-
    40  subsidized plan and uninsured patients at the surrounding  area  facili-
    41  ties that are taking new patients; and
    42    [(c)]  (d) any further recommendations regarding access to health care
    43  services in communities impacted by the general  hospital's  closure  or
    44  unit's closure.
    45    [3.]  5. A community forum conducted pursuant to this section shall be
    46  held at a location within a reasonable proximity to the general hospital
    47  or unit subject to the proposed closure, and shall be announced no  less
    48  than [ten] fourteen days prior to the date of such community forum. Such
    49  forum  shall  be held at a proper time and be accessible to the impacted
    50  community virtually and physically.
    51    [4.] 6. At least thirty days prior to a general hospital  applying  to
    52  the federal centers for medicare and medicaid services to convert from a
    53  general  hospital with inpatients to a rural emergency hospital under 42
    54  USC 1395x(kkk), or successor provisions,  such  general  hospital  shall
    55  hold  a public community forum for the purpose of obtaining public input
    56  concerning the anticipated impact of the general hospital's  closure  of
        A. 1633--A                          3
 
     1  inpatient  units, including but not limited to, the impact on recipients
     2  of medical assistance for needy  persons,  the  uninsured,  people  with
     3  disabilities,  and  medically  underserved  populations, and options and
     4  proposals to ameliorate such anticipated impact.
     5    [The]  7.  No  later than thirty days prior to a community forum under
     6  this section, the general hospital shall notify health  care  providers,
     7  labor  unions, the [congressional] local, state, and federal legislative
     8  representative, the office of the attorney general,  the  county  execu-
     9  tive,  mayor,  town supervisor, and in the case of the city of New York,
    10  the borough president, and community board for [the] every  district  in
    11  which  the  [facility] general hospital and unit is or are located, [the
    12  county executive of the county in which the facility is located, and the
    13  state senator and assembly member representing the area within which the
    14  facility is located] of the date, time, and location  of  the  community
    15  forum.  The  general  hospital  shall  afford  all public participants a
    16  reasonable opportunity to speak about relevant matters at such community
    17  forum. Prior to any community forum and  as  soon  as  practicable,  the
    18  general hospital shall be required to:
    19    (a)  notify  the  office  of  mental  health and the local director of
    20  community services in the event such general  hospital  has  psychiatric
    21  inpatient  beds  licensed under article thirty-one of the mental hygiene
    22  law or designated pursuant to section 9.39 of the  mental  hygiene  law,
    23  and
    24    (b)  notify the office of addiction services and supports in the event
    25  such general hospital has inpatient  substance  use  disorder  treatment
    26  programs  or  inpatient  chemical dependence treatment programs licensed
    27  under article thirty-two of the mental  hygiene  law.  The  commissioner
    28  shall also accept comments submitted in writing at such public forum and
    29  by  mail  or  electronic  mail  within  at least two weeks following the
    30  community forum.
    31    8. No later than thirty days after the community  forum,  the  general
    32  hospital  shall submit a revised closure plan to the department address-
    33  ing concerns raised  by  community  stakeholders  during  the  community
    34  forum.  The  general  hospital and the department shall make the revised
    35  closure plan publicly available on their websites no later  than  forty-
    36  five days after the community forum.
    37    9.  No later than January first two thousand twenty-five and  annually
    38  thereafter, the commissioner shall provide a report to the  legislature,
    39  including  but  not limited to, identifying the general hospital or unit
    40  of a general hospital that has provided written notice of a closure, the
    41  proposed closure date and the services impacted by the proposed closure.
    42  Such report shall be provided in electronic format and shall be distrib-
    43  uted to the temporary president and minority leader of the  senate,  the
    44  speaker  and  minority  leader  of the assembly, the chair of the senate
    45  standing committee on health, and  the  chair  of  the  assembly  health
    46  committee.
    47    §  3.  This  act  shall take effect on the sixtieth day after it shall
    48  have become a law, and shall not apply to any matter subject to  section
    49  2801-g  of  the  public  health law that is pending on the date it shall
    50  take effect.