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S01451 Summary:

S01451 Actions:

S01451 Committee Votes:

S01451 Floor Votes:

S01451 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1451--A
            Cal. No. 110
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    January 12, 2021
                                       ___________
 
        Introduced  by  Sens. RIVERA, BIAGGI, COMRIE, HINCHEY, HOYLMAN, JACKSON,
          KRUEGER, MAY -- read twice and ordered printed, and when printed to be
          committed to the Committee on Health -- reported favorably  from  said
          committee,  ordered  to  first  and  second report, ordered to a third
          reading, passed by Senate and delivered  to  the  Assembly,  recalled,
          vote  reconsidered,  restored  to  third  reading, amended and ordered
          reprinted, retaining its place in the order of third reading
 
        AN ACT to amend the public health law,  in  relation  to  health  equity
          assessments in the establishment or construction of a hospital
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The public health law is amended by adding  a  new  section
     2  2802-b to read as follows:
     3    § 2802-b. Health equity impact assessments. 1. Definitions. As used in
     4  this section:
     5    (a)  "Application"  means  an  application  under this article for the
     6  construction, establishment, change in the establishment, merger, acqui-
     7  sition, closure, or substantial reduction, expansion, or addition  of  a
     8  hospital  service  or health-related service of a hospital that requires
     9  review or approval by the council or the commissioner, where the  appli-
    10  cation  is  filed  or  submitted to the council, the commissioner or the
    11  department after this section takes effect.
    12    (b) "Project" means the construction,  establishment,  change  in  the
    13  establishment, merger, acquisition, closure, or substantial reduction of
    14  a  hospital  service or health-related service of a hospital that is the
    15  subject of an application.
    16    (c) "Health equity impact assessment" or "impact assessment" means  an
    17  assessment  of  whether, and if so how, a project will improve access to
    18  hospital services and health care, health equity and reduction of health
    19  disparities, with particular reference to members  of  medically  under-
    20  served groups, in the applicant's service area.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00607-05-1
        S. 1451--A                          2
 
     1    (d) "Medically underserved group" means: low-income people; racial and
     2  ethnic  minorities; immigrants; women; lesbian, gay, bisexual, transgen-
     3  der, or other-than-cisgender people;  people  with  disabilities;  older
     4  adults; persons living with a prevalent infectious disease or condition;
     5  persons  living  in  rural areas; people who are eligible for or receive
     6  public health benefits; people who do not have third-party health cover-
     7  age or have inadequate third-party health coverage; and other people who
     8  are unable to obtain health care.
     9    2. (a) (i) Every application shall  include  a  health  equity  impact
    10  assessment of the project. The impact assessment shall be filed together
    11  with  the application, and the application shall not be complete without
    12  the impact statement. The applicant shall promptly amend or  modify  the
    13  impact statement as necessary.
    14    (ii)  However,  in the case of a diagnostic and treatment center whose
    15  patient population is over fifty percent combined patients  enrolled  in
    16  Medicaid or uninsured, a health equity impact assessment is not required
    17  unless  the application includes a change in controlling person, princi-
    18  pal stockholder, or principal member (as defined in section twenty-eight
    19  hundred one-a of this article) of the applicant.
    20    (b) In considering whether and on what terms to  approve  an  applica-
    21  tion,  the  commissioner  and  the  council,  as  the case may be, shall
    22  consider the health equity impact statement.
    23    3. Scope and contents of a health equity impact assessment.  A  health
    24  equity impact assessment shall include:
    25    (a)  A  demonstration  of whether, and if so how, the proposed project
    26  will improve access to hospital services and health care, health  equity
    27  and  reduction  of  health  disparities,  with  particular  reference to
    28  members of medically underserved  groups,  in  the  applicant's  service
    29  area.
    30    (b)  The  extent  to  which medically underserved groups in the appli-
    31  cant's service area  use  the  applicant's  hospital  or  health-related
    32  services  or  similar  services  at  the time of the application and the
    33  extent to which they are expected to if the project is implemented.
    34    (c) The performance of the applicant in meeting  its  obligations,  if
    35  any,  under  section  twenty-eight  hundred  seven-k of this article and
    36  federal regulations requiring providing  uncompensated  care,  community
    37  services,  and  access  by  minorities  and  people with disabilities to
    38  programs receiving federal financial assistance, including the existence
    39  of any civil rights access complaints against the applicant, and how the
    40  applicant's meeting of these obligations will be affected by implementa-
    41  tion of the project.
    42    (d) How and to what extent the applicant  will  provide  hospital  and
    43  health-related  services to the medically indigent, Medicare recipients,
    44  Medicaid recipients and members of medically underserved groups  if  the
    45  project is implemented.
    46    (e)  The  amount of indigent care, both free and below cost, that will
    47  be provided by the applicant if the project is approved.
    48    (f) Access by public or private transportation,  including  applicant-
    49  sponsored  transportation  services,  to  the  applicant's  hospital  or
    50  health-related services if the project is implemented.
    51    (g) The means of assuring effective communication between  the  appli-
    52  cant's  hospital  and health-related service staff and people of limited
    53  English-speaking ability  and  those  with  speech,  hearing  or  visual
    54  impairments handicaps if the project is implemented.
    55    (h)  The  extent  to  which  implementation of the project will reduce
    56  architectural barriers for people with mobility impairments.
        S. 1451--A                          3
 
     1    (i) A review of how the applicant will maintain or improve the quality
     2  of hospital and health-related services including a review of:
     3    (i) demographics of the applicant's service area;
     4    (ii)  economic  status  of  the  population of the applicant's service
     5  area;
     6    (iii) physician  and  professional  staffing  issues  related  to  the
     7  project;
     8    (iv) availability of similar services at other institutions in or near
     9  the applicant's service area; and
    10    (v) historical and projected market shares of hospital and health care
    11  service providers in the applicant's service area.
    12    4.  The  health  equity  impact  assessment  shall be prepared for the
    13  applicant by an independent entity and include the meaningful engagement
    14  of public health experts, organizations representing  employees  of  the
    15  applicant,  stakeholders,  and  community  leaders  and residents of the
    16  applicant's service area.
    17    5. The department shall publicly post the application and  the  health
    18  equity  impact assessment on the department's website within one week of
    19  the filing with the department, including any filing with the council.
    20    § 2. This act shall take effect on the one hundred eightieth day after
    21  it becomes a law.  Effective immediately, the commissioner of health and
    22  the public health and health planning council shall make regulations and
    23  take other actions reasonably necessary to implement this  act  on  that
    24  date.