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.
Terms Used In N.Y. Public Health Law 2801-G
- General hospital: means a hospital engaged in providing medical or medical and surgical services primarily to in-patients by or under the supervision of a physician on a twenty-four hour basis with provisions for admission or treatment of persons in need of emergency care and with an organized medical staff and nursing service, including facilities providing services relating to particular diseases, injuries, conditions or deformities. See N.Y. Public Health Law 2801
- Hospital: means a facility or institution engaged principally in providing services by or under the supervision of a physician or, in the case of a dental clinic or dental dispensary, of a dentist, or, in the case of a midwifery birth center, of a midwife, for the prevention, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, including, but not limited to, a general hospital, public health center, diagnostic center, treatment center, a rural emergency hospital under 42 USC 1395x(kkk), or successor provisions, dental clinic, dental dispensary, rehabilitation center other than a facility used solely for vocational rehabilitation, nursing home, tuberculosis hospital, chronic disease hospital, maternity hospital, midwifery birth center, lying-in-asylum, out-patient department, out-patient lodge, dispensary and a laboratory or central service facility serving one or more such institutions, but the term hospital shall not include an institution, sanitarium or other facility engaged principally in providing services for the prevention, diagnosis or treatment of mental disability and which is subject to the powers of visitation, examination, inspection and investigation of the department of mental hygiene except for those distinct parts of such a facility which provide hospital service. See N.Y. Public Health Law 2801
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 § 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.