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Who cares
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Sponsors
1 Co-sponsor
History
- Referred to health
- Referred to health
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to the preservation of access to health care services
Purpose
To assure that access to needed health care services within a geographic area is not diminished as a result of approval of applications for hospital establishment, incorporation, or construction.
Summary of provisions
Section 1 amends section 2801-a of the .Public Health Law to require that public need determinations by the Public Health Council, regarding applications for the establishment or incorporation of hospitals, to be made in a manner consistent with Section 4 of this act. Section 2 amends section 2802 of the Public Health Law to require that public need determinations by the Commissioner of Health, regarding hospital certificate of need applications, be made in accordance with Section 4 of this act. Section 3 amends section 2904(e) of the Public Health Law to require that public need determinations made by the State Hospital Review and Planning Council, regarding recommendations for the approval or disapproval of applications for hospital establishment, incorporation, or construction, be made in accordance with Section 4 of this act. Section 4 adds a new section 2801-0 to the Public Health Law entitled "Preservation of Access to Health Care Services." This new section provides that: prior to action on an application for hospital establishment, incorporation or construction, the Commissioner of Health make an affirmative finding that an application will not result in: (a) a reduction or elimination of a health care service in a community; or, (b) unmet need for a health care service in an affected community; and, set forth standards, consistent with existing public need determination criteria, which the Commissioner of Health must consider in making a finding regarding the impact of an application on the continued availability of a health care service in an affected community. Section 5 provides for the effective date (immediately).
Read the full memo (607 words)
Existing law
Requires that prior to the approval of an application for hospital establishment or incorporation the Public Health Council must be satisfied as to the public need for the facility as proposed by the applicant. PBH 2801-a(3). Sets forth the factors and standards for determinations of public need pursuant to PBH 2801-a(3) including, with regard to applications that involve the elimination or relocation of a service, the extent to which need for a health service will continue to be met. 10 NYCRR 670. Requires that prior to the approval of an application for hospital construction the Commissioner of Health must be satisfied as to the public need for the facility as proposed by the application. PBH 2802 (b). Sets forth standards and factors for determinations of public need in accordance with PBH 2802 similar to those contained in 10 NYCRR 670. 10 NYCRR 709. Provides that the State Hospital Review and Planning Council shall consider and advise relative to applications for establishment, incorporation or construction under Article 28 of the Public Health Law. PBH 2904(e).
Justification
When hospitals merge or affiliate, it is important to ensure that services can be maintained at an adequate and appropriate level in a given community. This legislation seeks to endure a broad review of substantive issues involved in such circumstances and a finding that the services will not be reduced or eliminated without appropriate cause.
Legislative history
03/07/07 REFERRED TO HEALTH 01/09/08 REFERRED TO HEALTH
Fiscal implications
None.
Effective date
This act shall take effect immediately and shall apply to any determination of public need under section 2801-a or 2802 of the public health law made on or after the effective date of this act.
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