Bill Text: NY A08221 | 2013-2014 | General Assembly | Amended

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Bill Title: Requires a public hearing where there is a proposal to reduce the number of hours or closure of a hospital emergency department; provides that no executive bonuses shall be given in a calendar year in which a request to reduce the hours or close a hospital emergency department is sent to the department, an application is in the process of being reviewed by the department to reduce the hours or close a hospital emergency department or in the calendar year following a final decision by the department to reduce the hours or close such hospital emergency department.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Introduced - Dead) 2014-01-08 - referred to health [A08221 Detail]

Download: New_York-2013-A08221-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        8221--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   October 24, 2013
                                      ___________
       Introduced  by M. of A. SKOUFIS -- Multi-Sponsored by -- M. of A. GLICK,
         WEISENBERG -- read once and referred to the  Committee  on  Health  --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee
       AN ACT to amend the public health law, in relation to the  reduction  of
         hours or closure of a hospital emergency department
         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  2801-h to read as follows:
    3    S 2801-H. PUBLIC HEARING ON HOSPITAL EMERGENCY DEPARTMENT REDUCTION OF
    4  HOURS  OR CLOSURE. 1. NO LATER THAN SIX MONTHS FROM RECEIVING A PROPOSAL
    5  FROM A GENERAL HOSPITAL FOR THE REDUCTION OF  HOURS  OR  CLOSURE  OF  AN
    6  EMERGENCY  DEPARTMENT  OF  SUCH GENERAL HOSPITAL, THE COMMISSIONER SHALL
    7  HOLD A PUBLIC HEARING FOR THE PURPOSE OF OBTAINING PUBLIC INPUT CONCERN-
    8  ING THE ANTICIPATED IMPACT OF THE REDUCTION OF HOURS OR  GENERAL  HOSPI-
    9  TAL'S  EMERGENCY DEPARTMENT CLOSURE ON ACCESS TO HEALTH CARE SERVICES BY
   10  MEMBERS OF THE SURROUNDING COMMUNITY,  INCLUDING  BUT  NOT  LIMITED  TO,
   11  RECIPIENTS  OF  MEDICAL ASSISTANCE FOR NEEDY PERSONS, THE UNINSURED, AND
   12  UNDERSERVED POPULATIONS, AND OPTIONS AND PROPOSALS  TO  AMELIORATE  SUCH
   13  ANTICIPATED  IMPACT.  THE  COMMISSIONER  SHALL AFFORD COMMUNITY MEMBERS,
   14  HEALTH CARE PROVIDERS, LABOR UNIONS, PAYERS, BUSINESSES AND CONSUMERS  A
   15  REASONABLE OPPORTUNITY TO SPEAK ABOUT RELEVANT MATTERS AT SUCH COMMUNITY
   16  FORUM.
   17    2.  A  PUBLIC HEARING CONDUCTED PURSUANT TO THIS SECTION SHALL BE HELD
   18  AT A LOCATION WITHIN A REASONABLE PROXIMITY  TO  SUCH  GENERAL  HOSPITAL
   19  EMERGENCY DEPARTMENT SUBJECT TO REDUCTION OF HOURS OR CLOSURE, AND SHALL
   20  BE  ANNOUNCED  NO  LESS  THAN  TEN DAYS PRIOR TO THE DATE OF SUCH PUBLIC
   21  HEARING.
   22    3. NO HOSPITAL EXECUTIVE BONUSES SHALL BE GIVEN IN A CALENDAR YEAR  IN
   23  WHICH  A  REQUEST  TO  REDUCE  THE  HOURS  OR CLOSE A HOSPITAL EMERGENCY
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11932-03-3
       A. 8221--A                          2
    1  DEPARTMENT IS SENT TO THE DEPARTMENT, AN APPLICATION IS IN  THE  PROCESS
    2  OF  BEING  REVIEWED  BY  THE  DEPARTMENT  TO REDUCE THE HOURS OR CLOSE A
    3  HOSPITAL EMERGENCY DEPARTMENT OR IN THE CALENDAR YEAR OF AND THE  CALEN-
    4  DAR  YEAR  FOLLOWING  A  FINAL  DECISION BY THE DEPARTMENT TO REDUCE THE
    5  HOURS OR CLOSE SUCH HOSPITAL EMERGENCY DEPARTMENT.
    6    S 2. Any hospital emergency department reduction of hours  or  closure
    7  pending  before the department of health shall be delayed and subject to
    8  the provisions of section 2801-h of the public health law, as  added  by
    9  section one of this act.
   10    S 3. This act shall take effect immediately.