N.Y. Pub. Health Law § 2801-G

Current through 2024 NY Law Chapter 457

Section 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 relevant 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 available 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, including 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.

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.

4. At least thirty days prior to a general hospital applying to the federal centers for medicare and medicaid services to convert from a general hospital with inpatients to a rural emergency hospital under 42 USC 1395x(kkk), or successor provisions, such hospital shall hold a public community forum for the purpose of obtaining public input concerning the anticipated impact of the hospital's closure of inpatient units, including but not limited to, the impact on recipients of medical assistance for needy persons, the uninsured, people with disabilities, and medically underserved populations, and options and proposals to ameliorate such anticipated impact. The hospital shall notify health care providers, labor unions, the congressional representative for the district in which the facility is located, the county executive of the county in which the facility is located, and the state senator and assembly member representing the area within which the facility is located of the date, time, and location of the community forum. The hospital shall afford all public participants a reasonable opportunity to speak about relevant matters at such community forum. Prior to any community forum and as soon as practicable, the hospital shall be required to:

(a) notify the office of mental health and the local director of community services in the event such general hospital has psychiatric inpatient beds licensed under article thirty-one of the mental hygiene law or designated pursuant to section 9.39 of the mental hygiene law, and

(b) notify the office of addiction services and supports in the event such general hospital has inpatient substance use disorder treatment programs or inpatient chemical dependence treatment programs licensed under article thirty-two of the mental hygiene law. The commissioner shall also accept comments submitted in writing at such public forum and by mail within at least two weeks following the community forum.

N.Y. Pub. Health Law § 2801-G

Amended by New York Laws 2023, ch. 57,Sec. E-3, eff. 7/2/2023.