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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8221
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   October 24, 2013
                                      ___________
       Introduced  by M. of A. SKOUFIS -- read once and referred to the Commit-
         tee on Health
       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 PRIOR TO A GENERAL HOSPI-
    5  TAL PROPOSING THE REDUCTION OF HOURS OR CLOSURE OF THE EMERGENCY DEPART-
    6  MENT OF SUCH GENERAL HOSPITAL, THE  COMMISSIONER  SHALL  HOLD  A  PUBLIC
    7  HEARING  FOR THE PURPOSE OF OBTAINING PUBLIC INPUT CONCERNING THE ANTIC-
    8  IPATED IMPACT OF THE REDUCTION OF HOURS OR GENERAL HOSPITAL'S  EMERGENCY
    9  DEPARTMENT  CLOSURE  ON ACCESS TO HEALTH CARE SERVICES BY MEMBERS OF THE
   10  SURROUNDING COMMUNITY, INCLUDING  BUT  NOT  LIMITED  TO,  RECIPIENTS  OF
   11  MEDICAL  ASSISTANCE  FOR  NEEDY  PERSONS, THE UNINSURED, AND UNDERSERVED
   12  POPULATIONS, AND OPTIONS AND PROPOSALS TO  AMELIORATE  SUCH  ANTICIPATED
   13  IMPACT.  THE  COMMISSIONER  SHALL  AFFORD COMMUNITY MEMBERS, HEALTH CARE
   14  PROVIDERS, LABOR UNIONS, PAYERS, BUSINESSES AND CONSUMERS  A  REASONABLE
   15  OPPORTUNITY TO SPEAK ABOUT RELEVANT MATTERS AT SUCH COMMUNITY FORUM.
   16    2.  A  PUBLIC HEARING CONDUCTED PURSUANT TO THIS SECTION SHALL BE HELD
   17  AT A LOCATION WITHIN A REASONABLE PROXIMITY  TO  SUCH  GENERAL  HOSPITAL
   18  EMERGENCY DEPARTMENT SUBJECT TO REDUCTION OF HOURS OR CLOSURE, AND SHALL
   19  BE  ANNOUNCED  NO  LESS  THAN  TEN DAYS PRIOR TO THE DATE OF SUCH PUBLIC
   20  HEARING.
   21    3. NO HOSPITAL EXECUTIVE BONUSES SHALL BE GIVEN IN A CALENDAR YEAR  IN
   22  WHICH  A  REQUEST  TO  REDUCE  THE  HOURS  OR CLOSE A HOSPITAL EMERGENCY
   23  DEPARTMENT IS SENT TO THE DEPARTMENT, AN APPLICATION IS IN  THE  PROCESS
   24  OF  BEING  REVIEWED  BY  THE  DEPARTMENT  TO REDUCE THE HOURS OR CLOSE A
   25  HOSPITAL EMERGENCY DEPARTMENT OR IN THE CALENDAR YEAR FOLLOWING A  FINAL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11932-02-3
       A. 8221                             2
    1  DECISION  BY  THE  DEPARTMENT TO REDUCE THE HOURS OR CLOSE SUCH HOSPITAL
    2  EMERGENCY DEPARTMENT.
    3    S  2.  Any hospital emergency department reduction of hours or closure
    4  pending before the department of health shall be delayed and subject  to
    5  the  provisions  of section 2801-h of the public health law, as added by
    6  section one of this act.
    7    S 3. This act shall take effect immediately.