N.Y. Public Health Law § 2801-g: Community forum on hospital closure

§ 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.