Joined by statewide health advocates, the legislation would require community input and stakeholder engagement as part of decision making process prior to unit or hospital closures
State Senator Gustavo Rivera (SD-33) and Assemblymember Jo Anne Simon (AD-52), alongside co-prime sponsors Senators Brian Kavanagh, Kristen Gonzalez, Zellnor Myrie, Michelle Hinchey, and Lea Webb, elected officials, statewide health advocates, and unions, announced the introduction of legislation (S8843/A1633A) that would require public notice and community engagement when a general hospital seeks to either close entirely or close a unit that provides emergency, maternity, mental health, or substance use care. The bill would also strengthen state review of proposed hospital closings.
Across New York State, there have been several incidents when hospitals have announced planned closures of maternity units, emergency departments, mental health and substance use services, and even entire hospitals without any prior communication or meaningful engagement with the local communities they serve.
Currently, State Public Health Law does not require hospitals to give adequate advance notice to key stakeholders like local officials or the potentially impacted community about a planned closure. A public hearing is not required until 30 days after a hospital closure is approved by the state under current statute, although a recent guidance to hospitals by the State Department of Health has changed that, and now requires an advance hearing.
While the new Health Equity Impact Assessment (HEIA) law that Senator Rivera passed into law in 2021 has helped to improve community engagement, it does not apply to closures of entire hospitals. Currently, hospital closures are carried out through a simple notice to the New York State Department of Health and an overall closure plan, not through a Certificate of Need (CON) application. Moreover, these closures are not subjected to a full CON review, which would go before the state Public Health and Health Planning Council for review in a public meeting at which community members could make comments.
The legislation will address these gaps in the state’s review of proposed hospital and critical unit closures by requiring adequate advance notice to local officials and the public, a community forum held 150 days in advance of the proposed closure date to allow public comment on the hospital’s plan, a final closure plan that addresses concerns raised at the community forum, and public disclosure of all submitted plans by the Department of Health.
"Our communities deserve a say when their local hospital might close. New Yorkers deserve transparency and engagement when they might lose access to their closest maternity unit or emergency department, or even the entire facility, when too many already face major health disparities in a broken healthcare system," said State Senator Gustavo Rivera, Chair of the Senate Health Committee and bill sponsor. "This bill will address the gaps in the state’s current review of proposed hospital and critical unit closures and make our communities a key stakeholder in a decision making process with serious impacts on health equity."
Assemblymember Jo Anne Simon, sponsor of A1633a, said, “The public has a right to know before – not after – their local hospital is going to be shuttered, and the state should be involved in the process. When SUNY Downstate closed Long Island College Hospital in 2013, the health department didn’t notify or seek input from the communities that LICH had served for 156 years. This included low-income communities of color that had been designated as lacking care health services by the federal government. This harmful trend is happening across the state and it’s time for it to stop.” She continued, “This bill ensures a role for community input and state review to protect New Yorkers before hospitals or major departments are closed. I’m thrilled to partner with Senator Rivera and an incredible coalition of advocates to pass this bill.”
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