Attention NYS Council Hospital Members
June 2, 2021
Bill passed both houses as of yesterday and now moves on to Governor’s desk for final action.
BILL NO S01451A
SAME AS SAME AS A00191-A
COSPNSR BIAGGI, COMRIE, HINCHEY, HOYLMAN, JACKSON, KRUEGER, MANNION, MAY
Add 2802-b, Pub Health L
Requires a health equity assessment to be filed with an application for construction, or substantial reduction of, a hospital or health related service; includes a demonstration of whether and how a project will improve or affect access to hospital services and health care with particular reference to members of medically underserved groups in the applicant’s service area.
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STATE OF NEW YORK ________________________________________________________________________ 1451--A Cal. No. 110 2021-2022 Regular Sessions IN SENATE January 12, 2021 ___________ Introduced by Sens. RIVERA, BIAGGI, COMRIE, HINCHEY, HOYLMAN, JACKSON, KRUEGER, MAY -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the public health law, in relation to health equity assessments in the establishment or construction of a hospital The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public health law is amended by adding a new section 2 2802-b to read as follows: 3 § 2802-b. Health equity impact assessments. 1. Definitions. As used in 4 this section: 5 (a) "Application" means an application under this article for the 6 construction, establishment, change in the establishment, merger, acqui- 7 sition, closure, or substantial reduction, expansion, or addition of a 8 hospital service or health-related service of a hospital that requires 9 review or approval by the council or the commissioner, where the appli- 10 cation is filed or submitted to the council, the commissioner or the 11 department after this section takes effect. 12 (b) "Project" means the construction, establishment, change in the 13 establishment, merger, acquisition, closure, or substantial reduction of 14 a hospital service or health-related service of a hospital that is the 15 subject of an application. 16 (c) "Health equity impact assessment" or "impact assessment" means an 17 assessment of whether, and if so how, a project will improve access to 18 hospital services and health care, health equity and reduction of health 19 disparities, with particular reference to members of medically under- 20 served groups, in the applicant's service area. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00607-05-1 S. 1451--A 2 1 (d) "Medically underserved group" means: low-income people; racial and 2 ethnic minorities; immigrants; women; lesbian, gay, bisexual, transgen- 3 der, or other-than-cisgender people; people with disabilities; older 4 adults; persons living with a prevalent infectious disease or condition; 5 persons living in rural areas; people who are eligible for or receive 6 public health benefits; people who do not have third-party health cover- 7 age or have inadequate third-party health coverage; and other people who 8 are unable to obtain health care. 9 2. (a) (i) Every application shall include a health equity impact 10 assessment of the project. The impact assessment shall be filed together 11 with the application, and the application shall not be complete without 12 the impact statement. The applicant shall promptly amend or modify the 13 impact statement as necessary. 14 (ii) However, in the case of a diagnostic and treatment center whose 15 patient population is over fifty percent combined patients enrolled in 16 Medicaid or uninsured, a health equity impact assessment is not required 17 unless the application includes a change in controlling person, princi- 18 pal stockholder, or principal member (as defined in section twenty-eight 19 hundred one-a of this article) of the applicant. 20 (b) In considering whether and on what terms to approve an applica- 21 tion, the commissioner and the council, as the case may be, shall 22 consider the health equity impact statement. 23 3. Scope and contents of a health equity impact assessment. A health 24 equity impact assessment shall include: 25 (a) A demonstration of whether, and if so how, the proposed project 26 will improve access to hospital services and health care, health equity 27 and reduction of health disparities, with particular reference to 28 members of medically underserved groups, in the applicant's service 29 area. 30 (b) The extent to which medically underserved groups in the appli- 31 cant's service area use the applicant's hospital or health-related 32 services or similar services at the time of the application and the 33 extent to which they are expected to if the project is implemented. 34 (c) The performance of the applicant in meeting its obligations, if 35 any, under section twenty-eight hundred seven-k of this article and 36 federal regulations requiring providing uncompensated care, community 37 services, and access by minorities and people with disabilities to 38 programs receiving federal financial assistance, including the existence 39 of any civil rights access complaints against the applicant, and how the 40 applicant's meeting of these obligations will be affected by implementa- 41 tion of the project. 42 (d) How and to what extent the applicant will provide hospital and 43 health-related services to the medically indigent, Medicare recipients, 44 Medicaid recipients and members of medically underserved groups if the 45 project is implemented. 46 (e) The amount of indigent care, both free and below cost, that will 47 be provided by the applicant if the project is approved. 48 (f) Access by public or private transportation, including applicant- 49 sponsored transportation services, to the applicant's hospital or 50 health-related services if the project is implemented. 51 (g) The means of assuring effective communication between the appli- 52 cant's hospital and health-related service staff and people of limited 53 English-speaking ability and those with speech, hearing or visual 54 impairments handicaps if the project is implemented. 55 (h) The extent to which implementation of the project will reduce 56 architectural barriers for people with mobility impairments. S. 1451--A 3 1 (i) A review of how the applicant will maintain or improve the quality 2 of hospital and health-related services including a review of: 3 (i) demographics of the applicant's service area; 4 (ii) economic status of the population of the applicant's service 5 area; 6 (iii) physician and professional staffing issues related to the 7 project; 8 (iv) availability of similar services at other institutions in or near 9 the applicant's service area; and 10 (v) historical and projected market shares of hospital and health care 11 service providers in the applicant's service area. 12 4. The health equity impact assessment shall be prepared for the 13 applicant by an independent entity and include the meaningful engagement 14 of public health experts, organizations representing employees of the 15 applicant, stakeholders, and community leaders and residents of the 16 applicant's service area. 17 5. The department shall publicly post the application and the health 18 equity impact assessment on the department's website within one week of 19 the filing with the department, including any filing with the council. 20 § 2. This act shall take effect on the one hundred eightieth day after 21 it becomes a law. Effective immediately, the commissioner of health and 22 the public health and health planning council shall make regulations and 23 take other actions reasonably necessary to implement this act on that 24 date.