What's happening
This bill requires increased community input and state oversight before the closure of hospitals in large New York cities.
Why it matters
Mandates a comprehensive impact assessment. Before any hospital in a large city can close, the state must evaluate and publicly report how the closure would affect access to healthcare, especially for vulnerable groups like Medicaid recipients, the uninsured, and underserved populations.
Expands local and elected official involvement. The bill ensures that community boards, local elected officials, city agencies, and even members of Congress representing the area can formally review and recommend changes to closure plans—potentially elevating local voices and political accountability in healthcare decisions.
Increases transparency and public participation. The Department of Health must publicly release detailed reports both before and after any closure decision, and hold community forums with ample notice, allowing written and in-person public comments—making the process more open to scrutiny and advocacy.
Raises the approval threshold for closures. The commissioner may only approve a hospital closure if they can reasonably determine that the community’s healthcare needs—including emergency care—will still be met, potentially making it harder for hospitals to close without robust alternatives in place.
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Who cares
General hospital operators
The bill would require state health commissioner approval for hospital closures or surrender of operating certificates, with approval conditioned on adequately meeting community and stakeholder needs.
State Department of Health
The department would face new closure-review and reporting duties, including holding a public forum within 45 days after a closure application.
New York City community boards and elected officials
They would receive closure applications and impact reports and have 30 days to submit recommendations that the commissioner must address in a public decision report.
Medicaid recipients, uninsured patients and underserved communities
Closure reviews would assess their access to care, and post-forum reports would include transitional services and continuity-of-care arrangements.
Headline styles
Require Community Review for Closures
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require Input Before Hospital Closures
In Senate Committee · Health · Sponsor Brian Kavanagh
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
266
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sens. SQUADRON, HOYLMAN, MONTGOMERY -- read twice and ordered printed, and when printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to the closure of hospitals
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "local input in community healthcare act".
§ 2. The public health law is amended by adding a new section 2801-i to read as follows:
§ 2801-i. Closure of hospitals. 1. Notwithstanding any provision of law to the contrary, the closure of a general hospital or surrender of an operating certificate pursuant to this article shall be subject to review and approval by the commissioner.
2. (a) No later than thirty days after receipt of an application for closure of a general hospital in a city with a population of one million or more, the commissioner shall submit a written report to the community board, the city planning commission, the city council member representing the area within which the facility is located, the president of the borough within which the facility is located, the congressional representative for the district in which the facility is located, and the state senator and the assembly member representing the area within which the facility is located, or the city department of health. Such written report shall include:
(1) the anticipated impact of the general hospital's closure on access to health care services by members of the surrounding communities, including but not limited to recipients of medical assistance for needy persons, the uninsured, and underserved populations;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00446-03-7
S. 266 2
(2) specific measures the department and other parties have taken or would take to ameliorate such anticipated impact on the communities;
(3) any further recommendations regarding access to health care services in communities impacted by the closure;
(4) an assessment of the ability of the state to assume financial responsibility or identify an alternate operator; and
(5) complete copies of the application or request for closure.
(b) The commissioner shall also make a full copy of such report available to the public on the department's website.
3. Such community board, city council member, state senator, assembly member, congressional representative, and borough president, city planning commission, or city health department may review and make recommendations based upon such written report by the commissioner within thirty days of receipt thereof. Any recommendation by such community board, city council member, state senator, assembly member, congressional representative, borough president, or city planning commission, or city health department of such city shall be submitted to the commissioner.
4. Upon any decision by the commissioner to approve or reject an application for closure of a general hospital in a city with a population of one million or more, the commissioner shall make available to the public on the department's website a written report including:
(a) a summary of the issues raised pursuant to subdivision one of section twenty-eight hundred one-g of this article and a summary of any recommendations submitted by the community board, city council member, state senator, assembly member, congressional representative, borough president, city planning commission, or city health department pursuant to subdivision three of this section;
(b) a statement of the reasons why any significant alternative recommendations made pursuant to subdivision one of section twenty-eight hundred one-g of this article and subdivision three of this section were or were not incorporated into the final plan;
(c) a description of any changes made to the proposed plan as a result of the issues raised pursuant to subdivision one of section twenty-eight hundred one-g of this article and the recommendations submitted by the community board, city council member, state senator, assembly member, congressional representative, borough president, city planning commission, city health department or member of the public pursuant to subdivision three of this section; and
(d) a complete copy of the proposed decision of the commissioner regarding the closure of the hospital, including all proposed terms, conditions and plans for providing health services to the affected communities and populations.
5. The commissioner may only approve the application if he or she reasonably determines that the needs of the community and impacted stakeholders, including but not limited to access to emergency medical care, can be adequately met.
6. No closure shall be approved under this section unless the commissioner complies with the provisions of this section and the provisions of section twenty-eight hundred one-g of this article.
7. The commissioner shall promulgate any rules necessary to effectuate the provisions of this section.
§ 3. Subdivisions 1 and 2 of section 2801-g of the public health law, as added by chapter 541 of the laws of 2010, are amended to read as follows:
1. No later than [thirty] forty-five days after [the] an application for closure of a general hospital, the commissioner shall hold a public
S. 266 3
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, the community board, the city planning commission, the city council member representing the area within which the facility is located, the congressional representative for the district in which the facility is located, the president of the borough within which the facility is located, and the state senator and assembly member representing the area within which the facility is located, a reasonable opportunity to speak about relevant matters at such community forum. The commissioner shall also accept comments submitted in writing at such public forum and by mail within a reasonable timeframe. At least ten days prior to such community forum, the commissioner shall release publicly and post on its website a complete copy of the commissioner's report related to the closure required by subdivision two of section twenty-eight hundred one-i of this article.
2. No later than [sixty] thirty 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] a written report 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; and
(d) information about transitional medical services to the impacted communities, including but not limited to arrangements for continuity of care.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to the closure of hospitals
Purpose or general idea of the bill
To allow for greater community input when hospital closures are threatened.
Summary of specific provisions
Section 1 establishes the title as the "Local Input in Community Healthcare (LICH) Act"
Read the full memo (716 words)
Section 2 adds a new Section 2801-i of the public health law to give explicit authority for closure of hospitals to the Commissioner of the New York State Department of Health. It also requires the Commissioner to:
Issue a report within 30 days of an application for closure, including:
*The anticipated impact of closure on the surrounding communities' access to care, including the uninsured and underserved;
*What measures DOH and others have taken or plan to take to lessen any negative impact;
*Any other recommendations regarding access to health care services in the impacted communities;
*Why the State cannot assume financial responsibility for the hospital or identify an alternate operator.
*Complete copies of the application for closure. Upon any decision to approve or reject an application for closure of a general hospital in a city of one million or more, respond to community input by:
*Answering, in summary, comments received from community members and local elected officials
*Explaining why significant alternatives were or were not incorporated into a final closure plan.
*Identifying any changes to the plan resulting from community concerns or suggestions.
*Releasing a complete copy of the proposed closure decision, including plans for providing health services to the impacted communities Only approve the application if needs of the community and impacted stakeholders, including access to emergency medical care, can be adequately met.
Section 2 also allows local elected officials and relevant agencies in cities of one million or more to respond to an application for closure.
Section 3 amends subdivisions 1 and 2 of section 2801-g of the public health law, as added by chapter 541 of the laws of 2010, which requires the commissioner of the New York State Department of Health to:
Hold a community forum, giving community members and local elected officials the chance to raise questions, voice concerns, and offer alternatives, both in person and via written comment.
Post a copy of the report related to the proposed closure at least ten days prior to such community forum.
Produce a written report regarding:
*The anticipated impact of closure on the surrounding communities' access to care, including the uninsured and underserved;
*What measures DOH and others have taken or plan to take to lessen any negative impact;
*Any other recommendations regarding access to health care services in the impacted communities;
*Explain options for transitional medical services to impacted communities, including arrangements for continuity of care.
Section 4 establishes the effective date.
Justification
The proposed closure of Long Island College Hospital, formerly operated by the State University of New York-Downstate, ended up in court for nearly two years, during which a court said that the current regulation governing hospital closures is "unconstitutionally vague." The court proceeding made clear that there was no process for determining the healthcare impact of the hospital's closure on Cobble Hill and surrounding communities or Brooklyn. In addition, there was no role for real community input or transparency. Throughout the multi-year fight to save a full-service hospital in Cobble Hill, the community's needs were repeatedly ignored.
Current law only requires a community forum to be held after a hospital has already been closed and does not require the commissioner of the State Department of Health to consider the health care needs of the community, including emergency medical care or transitional care, as part of the commissioner's decision to approve a hospital closure.
The LICH Act would allow the commissioner to only approve a hospital closure application if the needs of the community and impacted stakeholders, including access to emergency medical care, can be adequately met. And, under the proposal, the commissioner would not be allowed to close a hospital without a significant and thorough community input process dictated by a statutorily imposed timeline.
Prior legislative history
2016: S2500A/A6417A - REPORTED FROM HEALTH AND COMMITTED TO FINANCE/ passed assembly 2015: S2500A/A6417A - REFERRED TO FINANCE/ passed assembly
Fiscal implications
Minimal Fiscal Impact
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.