Thursday, March 21, 2024

NYS Office of the Comptroller DiNapoli: NYC Immigrant Workforce Below 2015 Peak

 

Office of the New York State Comptroller News

Federal Policies Still Weighing on City's Labor Force

The size of New York City’s immigrant workforce was flat over nearly a decade, according to a new report from New York State Comptroller Thomas P. DiNapoli. Through 2023, the foreign-born labor market grew 18.5% since 2015 nationally, while New York City’s declined 0.6%, according to data analyzed from the Bureau of Labor Statistics. Still, in 2023, New York City’s 1.8 million foreign-born workers made up 44.3% of its total labor force, more than double the national share of 18.6%.

“New York City’s labor market and economy greatly benefit from the contributions of immigrant workers,” DiNapoli said. “Many industries rely on foreign-born workers to keep businesses going, but we’ve seen a decline in this workforce when compared to the city’s peak in 2015. There are still many barriers for individuals who come to the U.S. looking for work and a better life. Federal immigration policy must be reformed to ensure that the economic prosperity that foreign-born workers have helped fuel in New York City can continue.”

Last year, New York City was down about 10,000 immigrant workers compared to 2015. Many industries in the city depend on these workers, including construction, where foreign-born workers made up almost 70% of all workers, while 65% worked in transportation and utilities, and nearly 55% worked in manufacturing last year. Compared to the city, the U.S. has a lower share of immigrant workers in these industries and others with 29% in construction, 21% in transportation and utilities and nearly 20% in manufacturing.

The foreign-born labor force in the city is also concentrated in industries that pay less than the private sector as a whole, such as health care and social assistance and accommodation and food services. Still, foreign-born workers contributed nearly $383 billion to the city’s economy in 2022. A diminished foreign-born workforce could hurt businesses and lead to less entrepreneurship and fewer jobs.

DiNapoli’s report notes federal immigration policies and the COVID-19 pandemic likely contributed to the lack of growth in the city’s foreign-born workforce.

Pre-Pandemic Immigrant Labor Force Decline
Prior to the pandemic, several federal immigration policies may have disproportionately impacted the immigrant workforce in New York City. In 2017, a more stringent deportation policy was implemented. As a result, there was a 165% increase in immigrants living in New York City being sent back to the country from which they emigrated. The number of deportations grew from a low of 1,037 in federal fiscal year (FFY) 2016 to a high of nearly 2,800 in FFY 2019. During that time, fewer people obtained temporary or permanent visas to legally live and work in the U.S.

Also, federal changes to Temporary Protected Status (TPS) likely played a role in slowing the city’s immigrant labor force recovery. TPS allows people from other countries to live and work in the U.S. legally if fleeing war or a natural disaster, but in late 2017, the federal government ended the program for people coming to the U.S. from El Salvador, Haiti, Nicaragua, Sudan, Nepal and Honduras.

Impact of COVID-19 Pandemic on Immigrant Labor Force
The pandemic halted visas and travel generally to the U.S. In addition, many industries that involve face-to-face contact employ a larger share of immigrant workers. Workers not born in the U.S. faced a higher unemployment rate than native-born New Yorkers in 2020, and by 2023, the portion of these foreign-born workers who were not U.S. citizens still had double the unemployment rate than in 2019.

Post-Pandemic Recovery Remains Uneven
Previous reports by the Comptroller show young workers are experiencing the highest unemployment rates in New York City when compared to older workers. In 2023, the unemployment rate was 15% for 16-to-24-year-old immigrant workers, which was up from 10% in 2019. Older adults born outside the U.S., however, have seen improved unemployment rates since the pandemic and have found work at a greater rate than older native-born New Yorkers.

More Immigrant Workers Pursuing Self-Employment
The number of people self-employed since 2019 increased in New York City, surpassing the national average in 2023 with more than 10% of the workforce becoming new entrepreneurs. Foreign-born workers in the City made up nearly 49% of the self-employed population whereas nationally, they made up only 23% in 2023.

DiNapoli recommended:

  • The city do more to support all younger workers, including immigrants, by advertising and uplifting the Summer Youth Employment Program, which is open to residents 14 to 24 with work authorization.
  • The state Department of Labor improve how it evaluates and reports which employers hire asylum seekers and which jobs are accepted.
  • The city make business ownership easier for foreign-born workers by eliminating language, literacy and technological barriers along with increasing financial education and eliminating bureaucratic red tape.
  • City agencies provide necessary and timely resources for residents to succeed in the workforce.
  • The federal government speed up court processing and work permits and increase aid to the state and city for asylum seekers.

Report

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Attorney General James Announces Election Protection Hotline Ahead of April Presidential Primary


Voters Experiencing Problems Can Consult Frequently Asked Questions, Call (866) 390-2992, or Request Assistance Online

New York Attorney General Letitia James announced that the Office of the Attorney General (OAG) will make its Election Protection Hotline available for the April 2, 2024 presidential primary election and during New York’s early voting period, which runs from Saturday, March 23 through Saturday, March 30. The hotline will be available to troubleshoot and resolve a range of issues encountered by voters, including issues voting by absentee ballot, early mail ballot, or in-person at their polling place. A guide addressing frequently asked questions is also currently available to assist voters with, among other things, the absentee and early mail ballot process and voter registration issues.

“The right to vote is the cornerstone of our democracy, and my office will always ensure every New Yorker is able to make their voice heard,” said Attorney General James. “Our election protection hotline will once again be available to voters throughout this primary election to help address any challenges and provide helpful guidance, no matter how they choose to cast their ballot.”

New Yorkers are protected from voter intimidation, deception, suppression, and obstruction under state and federal law. 

Attorney General James urges voters experiencing election-related problems to call the OAG hotline at (866) 390-2992 or submit a complaint online to request assistance. The telephone hotline will be open between 9:00 AM and 6:00 PM during early voting (Saturday, March 23 through Saturday, March 30), and between 6:00 AM and 9:00 PM on Primary Election Day, Tuesday, April 2. The hotline will also be available on the days before and after Primary Election Day, Monday, April 1 and Wednesday, April 3, between 9:00 AM and 6:00 PM. Written requests for assistance may be submitted at any time through the online complaint form. Hotline calls and written requests for assistance are processed by OAG attorneys and staff.

DOC DASHBOARD UPDATE: NYC Comptroller Releases New Monthly Data on Department of Correction Operations

 

Today, the New York City Comptroller’s Office released its monthly update to the Department of Correction (DOC) Dashboard, available here 

Key monthly DOC metrics show: 

  • DOC jails housed 6,237 detained individuals as of March 1, 70 more people than in February.  
  • 1,890 people were incarcerated in February, 39 fewer people than admitted in January.  
  • DOC discharged 89 more people in February to 1,832.  
  • The average length of a person was detained in DOC custody was 96 days, 6 fewer days than January.
     
  • Violence slightly increased in February, compared to the previous month: 
  • 45 assaults on staff occurred, 9 more incidents than in January. 
  • 452 fights broke out, 14 more fights than in January.  
  • 27 slashings and stabbings occurred, 2 fewer than in January. 
  • No one reportedly died in Rikers last month. 
  • Officers used force 1,931 times in the second quarter of FY2024 (September – December 2023), 214 more times than in the first quarter of FY2024 (July – September 2023). 

The Comptroller’s dashboard, first published in August 2022, monitors pervasive issues in the City’s jails, including staff absenteeism, missed medical appointments, and incidents of violence among detained people and staff. It also tracks the jail population every month and length of stay. The Comptroller’s office publishes data to this dashboard monthly to provide increased transparency and accountability over the City’s jail system. 

View the DOC Dashboard here. 

Governor Hochul Launches $102 Million Effort to Expand Care and Treatment for New Yorkers with Serious Mental Illness

Counseling 

$92 Million to Develop 26 Teams Providing 'Critical Time Intervention' for Discharged Patients Receiving Mental Health Care Services

$10 Million to Expand 'Safe Options Support' Initiative Which Has Successfully Moved Nearly 390 Long-Term Homeless New Yorkers Into Stable Housing

Investments Are Part of Governor Hochul's Nation-Leading $1 Billion Plan to Transform the Mental Health Continuum of Care

Governor Kathy Hochul today launched a $102 million effort to broaden wraparound care for individuals with serious mental illness. Governor Hochul announced more than $92 million will be deployed to develop 26 Critical Time Intervention teams, which provide continued support and care coordination for individuals living with mental illness. In addition, Governor Hochul also announced that up to $10 million will be deployed to develop additional ‘Safe Options Support’ teams that focus on youth and young adults; the Safe Options Support initiative has already helped nearly 390 long-term homeless individuals move from the streets into stable housing. This new funding is part of Governor Hochul's nation-leading $1 billion plan to transform the mental health continuum of care.

“New Yorkers struggling with serious mental illness deserve care, treatment and support,” Governor Hochul said. “The mental health crisis is the defining challenge of our time, and New York will deploy every resource at our disposal to address this crisis.”

These investments are part of Governor Hochul’s $1 billion plan to strengthen New York State’s mental health care system by adding capacity system-wide, expanding existing programs with a record of success, such as SOS, and funding new evidence-based initiatives, including CTI. The Governor’s plan will establish 50 CTI teams and further expand the SOS program.

CTI teams are a key component of the proposed OMH regulations setting the expected standard of care for assessing, evaluating, and discharging individuals with behavioral health conditions from facilities the agency oversees. Similar regulations were also proposed by the state Department of Health for certain hospitals the agency oversees.

OMH Commissioner Dr. Ann Sullivan said, “Some individuals living with mental illness may for a period of time need intensive community supports to help them on their road to recovery. By creating Critical Time Intervention teams and expanding the Safe Options Support program, we can provide assistance, work with individuals and families to access the services they need and enable them to thrive in their communities. Through these initiatives, Governor Hochul is fulfilling her commitment to ensure all New Yorkers have access to quality affordable mental health care.”

The New York State Office of Mental Health will provide up to $41.2 million to establish ten Critical Time Intervention teams to serve Upstate counties; $32.2 million to establish five teams to serve New York City, Westchester County and Long Island; and $19.4 million to establish 11 teams to serve rural areas statewide.

The new CTI teams will serve adults with complex mental health conditions – including co-occurring substance use, medical conditions, or co-occurring intellectual or developmental disabilities – and those being discharged from an inpatient psychiatric hospital. The teams will also support individuals being discharged from emergency department or other crisis services who are not engaged in treatment, lack community support, or are at risk of losing their housing. Earlier this year, OMH made more than $55 million available to establish the first nine Critical Time Intervention teams in New York City and Long Island to serve adults.

In addition, OMH is now accepting proposals for $10 million in state funding to create two new SOS teams in New York City to serve young adults experiencing homelessness, which puts them at increased risk of victimization, such as through sex or labor trafficking. These teams are staffed by mental health specialists and provide support and care coordination, with a goal of finding them permanent housing.

To date, SOS teams serving New York City have secured stable housing for nearly 390 individuals experiencing chronic homelessness, many of whom also suffer severe and chronic mental illness. These teams have had roughly 21,000 outreach encounters and enrolled more than 1,700 clients with serious mental illness into the program since its inception in spring 2022.


FORMER OPWDD WORKER SENTENCED AFTER SPENDING OVER $4,500 IN TAXPAYER FUNDS ON UNAUTHORIZED FUEL PURCHASES

 

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New York State Inspector General Lucy Lang announced the sentencing of Thomas Telesco, a former Office for People With Developmental Disabilities (OPWDD) Direct Support Assistant who made over $4,500 in unauthorized charges on his state-issued credit card.

Telesco, 42, of Rome, NY, who had previously pled guilty on February 5, 2024, to Grand Larceny in the Third Degree, a Class D Felony, was sentenced on Tuesday by the Honorable Michael L. Dwyer in Oneida County Court to a term of five years’ probation and ordered to pay full restitution.

Prompted by a referral from OPWDD, the Inspector General’s investigation, which included the review of video surveillance and corresponding receipts, found that after being terminated from OPWDD, Telesco used his state-issued credit card to purchase $4,583.43 in fuel at eight area gas stations for himself and known associates.

“Fraud committed by public servants is inexcusable and is particularly egregious when perpetrated by an employee of an agency dedicated to serving a vulnerable population,” said New York State Inspector General Lucy Lang. “My office will continue to work diligently to protect New Yorkers and taxpayer funds from fraud and misconduct.”

“OPWDD has no tolerance for the theft of state taxpayer dollars. Following the separation of a former employee from state service, an OPWDD audit of expenditures made by the former employee prompted a referral to the Inspector General’s office for investigation of the misuse of funds. This led to the subsequent indictment of this former employee,” said OPWDD Commissioner Kerri Neifeld. “I applaud the actions of our staff for identifying this criminal activity and for bringing it to the attention of the Inspector General’s office who ensured this case was fully prosecuted.”

Inspector General Lang thanked the members of her staff responsible for conducting this investigation, including Senior Investigator Dale Richter, former investigator Steven Brucker, and Investigative Counsel Gina Wisniewski, under the supervision of Deputy Inspector General for the Upstate Regional Office Jim Davis and Chief of Investigations for the Upstate Regional Office Sherry Amarel.

Inspector General Lang also expressed her gratitude to the City of Rome Police Department for their assistance with the investigation, OPWDD for their prompt referral and cooperation, and Oneida County District Attorney Todd Carville and his office for their work prosecuting this matter.

MAYOR ADAMS COMPLETES CITYWIDE EXPANSION OF LIFESTYLE MEDICINE PROGRAM, NEW SITE LAUNCHES TODAY IN SOUTH BRONX

 

Citywide Lifestyle Medicine Program Can Accommodate Nearly 4,000 Patients per Year

 

Program Provides Patients Tools to Make Healthy Lifestyle Changes, Including Access to Plant-Based Diet Resources and One-On-One Counseling

 

Adults Living With Prediabetes, Type 2 Diabetes, High Blood Pressure, Heart Disease, or Health Concerns Related to Excess Weight Eligible to Enroll


New York City Mayor Eric Adams and NYC Health + Hospitals today announced its nationally recognized Lifestyle Medicine Program has launched a new location at NYC Health + Hospitals/Lincoln, marking the first time the program is available in the South Bronx. The program is now active at seven sites across the five boroughs, with six new locations previously launched: NYC Health + Hospitals/Jacobi in the Bronx; NYC Health + Hospitals/Woodhull and NYC Health + Hospitals/Kings County in Brooklyn; NYC Health + Hospitals/Elmhurst in Queens; and NYC Health + Hospitals/Gotham Health, Vanderbilt on Staten Island. The pilot program — launched at NYC Health + Hospitals/Bellevue in 2019 with the support of then-Brooklyn Borough President Adams — has already served hundreds of patients. Together, the program’s seven sites will serve approximately 4,000 patients each year, providing them with tools and support to prevent and manage common chronic conditions, such as Type 2 diabetes and high blood pressure.

 

The Lifestyle Medicine Program’s team supports patients in making evidence-based lifestyle changes, including a healthful plant-based diet, increased physical activity, improved sleep habits, stress reduction, avoidance of substance use, and stronger social connections. Adults living with prediabetes, Type 2 diabetes, high blood pressure, heart disease, or health concerns related to excess weight are eligible to enroll.

 

“Today, we are again sending a clear message that New York City will not stand by and keep feeding the chronic disease crisis,” said Mayor Adams. “This is personal for me: I have seen up close how chronic disease can hijack your life. My mother reversed her Type 2 diabetes thanks in part to a plant-based diet and lifestyle changes, and a plant-based lifestyle helped save my life. Pill boxes, prescriptions, injections, and endless appointments should not define the lives of New Yorkers. Now, families in the South Bronx, and across New York City, will have access to the care they need. New York City is leading the nation by expanding these lifestyle medicine programs, and, together, we are building a healthier, more prosperous future for all.”

 

“We all have a loved one, family member, colleague, or friend that has a diet-related chronic condition like heart disease or Type 2 diabetes,” said Deputy Mayor for Health and Human Services Anne Williams-Isom. “That’s why today’s announcement is so remarkable; our Lifestyle Medicine Program, now in every borough of the city, gives people hope to not just manage their condition but potentially bring that condition into remission. Thank you to the teams executing this work and for doing so with an equity-focused approach tailored to each community.”

 

“I am so excited to celebrate the city’s latest lifestyle medicine site,” said Mayor’s Office of Food Policy Executive Director Kate MacKenzie. “The evidence is clear that lifestyle medicine programming is helping patients treat chronic and diet-related diseases. Core tenets of the program, such as produce ‘prescriptions’ and nutrition counseling are also helping combat nutrition insecurity in our city. This fantastic addition to the Mott Haven community of this program at NYC Health + Hospitals/Lincoln demonstrates our administration's fierce commitment to equitable access to health care and to ensuring that New Yorkers in the Bronx, and all over the city, have the tools they need to live long and healthy lives.”

 

“I am thrilled to celebrate the launch of the Lifestyle Medicine Program at NYC Health + Hospitals/Lincoln,” said Michelle McMacken, MD, FACP, DipABLM, executive director of nutrition and lifestyle medicine, NYC Health + Hospitals. “Healthy lifestyle behaviors are foundational to preventing and treating common chronic conditions, such as Type 2 diabetes and high blood pressure. The Lifestyle Medicine Program’s talented interdisciplinary team will provide patients with the guidance they need to adopt healthier habits, while also helping to address food insecurity and other key barriers to lifestyle changes. Kudos to NYC Health + Hospitals/Lincoln for offering this invaluable resource to patients and the community.”

 

“The launch of the Lifestyle Medicine Program is an outstanding development in NYC Health + Hospitals/Lincoln’s capacity building to engage our patients and community to continue to improve our health outcomes,” said Akinola Fisher, MD, chief of ambulatory care, NYC Health + Hospitals/Lincoln. “Healthy lifestyle behaviors with regards to what we eat, especially if we adopt plant-based nutrition, the activity we engage in, and improved sleep, go a long way to preventing and improving control of blood pressure, diabetes, and other chronic diseases. The multidisciplinary team of the Lifestyle Medicine Program, collaborating with our patients and community partners, will help guide and coach adoption of healthy behaviors to continue to improve our chronic illness control and overall health outcomes.”

 

“The underlying causes of most of the chronic medical conditions that our patients, families, and at times ourselves face like hypertension, Type 2 diabetes, hyperlipidemia, and fatty liver disease are due to risk factors that can be modified with lifestyle changes such as healthy eating habits, regular physical activity, restorative sleep, stress management, avoidance of risky substances, and positive social connections,” said Carmen Oviedo Hilario, MD, medical director, Lifestyle Medicine Program, NYC Health + Hospitals/Lincoln. “These behavior modifications are the foundation of the Lifestyle Medicine practice. Recognizing the impact of lifestyle habits in our health and adopting these healthy behaviors have proven to be effective in the prevention, management and at times remission of chronic diseases. Our goal with the implementation of this program in our hospital is that we get to motivate, empower, and support our patients and their families to adopt and maintain behaviors that will improve their health and quality of life and lead them to happier, healthier, and more fulfilling lives.”

 

The Lifestyle Medicine Program at NYC Health + Hospitals/Lincoln can accommodate 48 new patients each month, and the care team includes physicians, a nurse practitioner, a dietitian, a health coach, a program coordinator, a psychologist, community health workers, and an exercise trainer. Current patients of NYC Health + Hospitals can get a referral to the program from their provider, and people who are not yet patients of NYC Health + Hospitals can see if they qualify to enroll in the program by contacting 347-507-3695.

 

The nine-month lifestyle medicine program provides every patient with the following resources:

  • Six to nine one-on-one counseling sessions: Patients will have two to three visits each with a physician, nurse practitioner or certified nurse midwife, a dietitian, and a health coach to develop and implement a personalized care plan. 
  • 14 weekly group classes: Topics will include reading nutrition labels, grocery shopping, meal planning and preparation, and sleep and stress management techniques.
  • Eight weekly exercise classes: Patients will work with an exercise trainer and take home a resistance band for strength training.
  • Six free, monthly deliveries of seasonal fresh produce: Patients will work with dietitians to learn about incorporating fruits and vegetables into their diet across culinary traditions and skill levels. Delicious and healthy recipes developed by the team’s dietitians will accompany each produce box. This offering will launch in early 2024.
  • Health Bucks: Patients will have access to Health Bucks, $2 coupons that can be used to purchase fresh fruits and vegetables at New York City farmers’ markets. Five of the seven program sites have farmers’ markets on their campus.
  • Culinary skills videos: Patients can learn new culinary skills through short videos developed by NYC Health + Hospitals, in partnership with an online culinary school Rouxbe. The videos will feature healthy cooking across various culinary traditions, including Caribbean, South American, Central American, and South Asian, and will be translated into Spanish, Mandarin, Bengali, and Haitian Creole. This offering will launch in summer 2024.
  • A plant-based cookbook: Cookbooks on plant-based eating for Type 2 diabetes will be available.
  • Support accessing benefits: Community health workers and food navigator referrals will help eligible patients access Supplemental Nutrition Assistance Program benefits and nutrition resources.

Each site will partner with local community-based organizations to explore ways to support community members as they improve their nutrition, as well as make other lifestyle changes. The Lifestyle Medicine Program at NYC Health + Hospitals/Lincoln will collaborate with the Mott Haven Community Partnership.

 

“Mott Haven is the poorest congressional district in the country, and many families struggle to eat healthy because they cannot afford fresh vegetables,” said Nahomy Vasquez, community outreach specialist; and host, ‘Coffee with Mott Haven,’ Mott Haven Community Partnership (MHCP). “We have high hopes for the Bronx and our families. MHCP’s dedication to addressing food insecurity, improving the lives of Mott Haven families, and making resources available to residents is why partnering with lifestyle medicine is crucial to our mission. Both organizations focus on preventive measures, and this collaboration will help us directly impact the health journey of these families. We believe in our partnership with residents, and our commitment to them is to help them be informed so they can make better decisions for themselves and their families. Knowing that we can count on the lifestyle medicine partnership to deliver on our promise to families makes me happy and excited for the opportunity to begin this journey together.” 

 

Particular attention has been placed on ensuring that the program is relevant for patients from diverse backgrounds and experiences. For example, the Spanish-language curriculum reflects cultural adaptations, not simply a translation of the English-language version, and individual visits with the medical providers, dietitians, and health coaches allow for tailored behavior change recommendations based on each patient’s social, financial, cultural, and family context.

 

Formal evaluations of the Bellevue pilot program revealed a successful implementation process, extremely high demand for services, and positive health outcomes, including clinically and statistically significant improvements in weight, glycemic control, and diastolic blood pressure.

 

In addition to the citywide Lifestyle Medicine expansion, Mayor Adams continues to advance a larger strategy around plant-based nutrition and further integration of Lifestyle Medicine into health care more broadly. In December 2022, Mayor Adams announced a partnership with the Mayor’s Office and the American College of Lifestyle Medicine to offer every health care practitioner across New York City free foundational training in the principles of lifestyle medicine, with a particular focus on plant-based nutrition. Additionally, in June 2023, Mayor Adams advanced a resolution at the U.S. Conference of Mayors that was adopted and detailed the administration’s work across school food, the Lifestyle Medicine Program expansion, and in-patient plant-based meals at city run hospitals.

 

“Through the citywide expansion of its nationally recognized Lifestyle Medicine Program, New York City has set the standard for empowering and supporting the individuals and families who live there to transform their health through lifestyle behavior changes,” said Beth Frates, MD, FACLM, DipABLM, ACLM, president and clinical assistant professor at Harvard Medical School. “It is my hope that health leaders in other cities recognize that patients are practically beating down the doors to access lifestyle medicine and finally get help addressing the root causes of their chronic diseases rather than just the symptoms. Lifestyle medicine is truly the medicine that people want and that they deserve.”

 

“Plant-based nutrition can prevent and reverse chronic health conditions that affect people’s quality of life and life expectancy,” said Robert Ostfeld, M.D., MSc., director, preventive cardiology, Montefiore. “Lifestyle Medicine Programs ensure New York City residents, especially in neighborhoods with disproportionately high rates of diabetes and cardiovascular disease, have access to resources that will help them and future generations live healthier lives. That benefits everybody.”

 

“Kudos to the Adams administration for working to ensure all New Yorkers have access to this innovative program, now offered citywide,” said Ann Kurth, PhD, CNM, MPH, president, The New York Academy of Medicine. “The foundations of this approach — supporting a plant-forward diet, exercise, sleep, stress management, substance use reduction, and positive social connection — are ‘good medicine’ to reduce the burden of chronic diseases and a longer healthspan for all including in the era of climate change.”

 

Lawmakers Introduce Bill Requiring Community Input for Hospital Closures

 

GOVERNMENT HEADER

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.”