Assembly Bill A10736

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10736
 
                           I N  A S S E M B L Y
 
                              March 27, 2026
                                ___________
 
 Introduced  by M. of A. SIMON -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the public health law, in relation to  providing  public
   notice  and  public  engagement when a general hospital seeks to close
   entirely or a unit that provides maternity, mental health or substance
   use care
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Short title. This act shall be known and may be cited as
 the "local input in community healthcare act".
   § 2.  Section 2801-g of the public health law, as added by chapter 541
 of the laws of 2010, subdivision 4 as added by section 3 of  part  E  of
 chapter 57 of the laws of 2023, is amended to read as follows:
   § 2801-g. Community [forum] NOTICE AND ENGAGEMENT on hospital closure.
 1.  PROCESS FOR THE CLOSURE OF A GENERAL HOSPITAL OR A UNIT OF A GENERAL
 HOSPITAL. THIS SECTION SETS FORTH A PROCESS FOR THE CLOSURE OF A GENERAL
 HOSPITAL OR A UNIT OF A GENERAL  HOSPITAL.  AS  USED  IN  THIS  SECTION,
 "UNIT"  MEANS A PORTION OF A GENERAL HOSPITAL THAT OFFERS LICENSED EMER-
 GENCY, MATERNITY, MENTAL HEALTH OR SUBSTANCE USE SERVICES, INCLUDING ANY
 SPECIALTY CARE OR ANY OTHER HOSPITAL SERVICE IN AN OPERATING CERTIFICATE
 AS APPROVED UNDER SECTION TWENTY-EIGHT HUNDRED FIVE OF THIS ARTICLE. FOR
 THE PURPOSES OF THIS SECTION, THE CLOSURE OF A UNIT OF A GENERAL  HOSPI-
 TAL  SHALL  INCLUDE  A  REDUCTION    OF SUCH SERVICES.   AS USED IN THIS
 SECTION, "REDUCTION" MEANS A REDUCTION IN SERVICES THAT RESULTS IN:
   (A) MORE THAN FIFTEEN PERCENT OF A REDUCTION IN PATIENT CAPACITY OF  A
 UNIT WITHIN TWELVE MONTHS; OR
   (B)  A  TWENTY-FIVE  PERCENT  OR MORE REDUCTION IN PATIENT CAPACITY IN
 AGGREGATE WITHIN A TWENTY-FOUR MONTH PERIOD; OR
   (C) A THIRTY-FIVE PERCENT OR MORE REDUCTION  IN  PATIENT  CAPACITY  IN
 AGGREGATE WITHIN A THIRTY-SIX MONTH PERIOD.
   2.  CLOSURE  OF  A  GENERAL  HOSPITAL.  (A)  WRITTEN NOTIFICATION OF A
 PROPOSED CLOSURE OF A GENERAL HOSPITAL MUST BE PROVIDED TO  THE  DEPART-
 MENT  AND  ALL  PARTIES  LISTED IN SUBPARAGRAPH (II) OF PARAGRAPH (C) OF
 THIS SUBDIVISION NO LATER THAN TWO HUNDRED SEVENTY  DAYS  PRIOR  TO  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03821-03-6
 A. 10736                            2
 
 PROPOSED CLOSURE DATE.  NOTHING IN THIS SECTION SHALL PROHIBIT A GENERAL
 HOSPITAL  FROM  CONFERRING  WITH THE DEPARTMENT PRIOR TO SUBMITTING SUCH
 WRITTEN NOTIFICATION TO GIVE INFORMAL NOTICE AND SEEK GUIDANCE.
   (B)  APPLICATION.    A  GENERAL  HOSPITAL THAT SEEKS TO CLOSE ENTIRELY
 SHALL SUBMIT AN APPLICATION THAT REQUIRES REVIEW BY  THE  PUBLIC  HEALTH
 AND  HEALTH  PLANNING  COUNCIL, OR ANY SUCCESSOR ENTITY. THE APPLICATION
 FOR THE CLOSURE SHALL INCLUDE A  HEALTH  EQUITY  IMPACT  ASSESSMENT,  AS
 DEFINED  BY  SECTION  TWENTY-EIGHT  HUNDRED TWO-B OF THIS ARTICLE, AND A
 PROPOSED CLOSURE PLAN. THE APPLICATION SHALL BE SUBMITTED AT  LEAST  TWO
 HUNDRED  TEN  DAYS  BEFORE  THE  PROPOSED  CLOSURE. NO CESSATION, PAUSE,
 TRANSFER, OR LIMITATION OF SERVICE MAY BE CARRIED OUT WHILE THE  CLOSURE
 APPLICATION IS PENDING WITHOUT PRIOR WRITTEN APPROVAL BY THE COMMISSION-
 ER  OR  THE COMMISSIONER'S DESIGNEE, WHO MAY TAKE INTO CONSIDERATION THE
 IMPACTS ON QUALITY OF CARE AND PATIENT SAFETY STEMMING FROM  CHANGES  IN
 PATIENT  VOLUME  OR  SERVICES.  AS  USED  IN  THIS SECTION, "TRANSFER OF
 SERVICES" SHALL INCLUDE CONVERSION OF SERVICES FROM INPATIENT TO  OUTPA-
 TIENT  SERVICES,  THE  MOVING  OF  SERVICES  TO OTHER FACILITIES, OR THE
 TRANSFER OF PERSONNEL THAT WOULD CONSTITUTE A REDUCTION OR UNAVAILABILI-
 TY OF SERVICES.
   (C) PUBLIC COMMUNITY FORUM. (I) No later  than  [thirty]  ONE  HUNDRED
 FIFTY  days [after] PRIOR TO the PROPOSED closure of a general hospital,
 the commissioner shall hold a public 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  MEDICALLY
 underserved  populations  AS DEFINED IN PARAGRAPH (D) OF SUBDIVISION ONE
 OF SECTION TWENTY-EIGHT HUNDRED TWO-B OF THIS ARTICLE, and  options  and
 proposals  to ameliorate such anticipated impact. The commissioner shall
 afford community members, health care providers, labor  unions,  payers,
 businesses  and  consumers a reasonable opportunity to speak about rele-
 vant matters at such community forum.
   [2.] (II) No later than [sixty] THIRTY days [after] BEFORE  holding  a
 community forum pursuant to [subdivision one of this section] THIS PARA-
 GRAPH,  the  commissioner  shall  make  available  to  the public on the
 department's website information regarding:
   [(a)] (A) THE PROPOSED CLOSURE PLAN SUBMITTED BY THE GENERAL HOSPITAL;
   (B) the anticipated impact of the general hospital's closure on access
 to health care services by members of the surrounding community, includ-
 ing but not limited  to  recipients  of  medical  assistance  for  needy
 persons, the uninsured, and underserved populations;
   [(b)]  (C)  specific  measures  the  department and other parties have
 taken or will take to ameliorate such anticipated impact  INCLUDING  BUT
 NOT  LIMITED  TO  ENSURING  THAT  THE SERVICES TO BE ELIMINATED WOULD BE
 AVAILABLE TO MEDICAID, OR INDIVIDUALS THAT ARE INSURED  BY  A  PUBLICLY-
 SUBSIDIZED  PLAN  AND UNINSURED PATIENTS AT THE SURROUNDING AREA FACILI-
 TIES THAT ARE TAKING NEW PATIENTS; and
   [(c)] (D) any further recommendations regarding access to health  care
 services in communities impacted by the general hospital's closure.
   [3.]  (III) A community forum conducted pursuant to this section shall
 be held at a location within  a  reasonable  proximity  to  the  general
 hospital OR UNIT subject to THE PROPOSED closure, and shall be announced
 no  less  than  [ten]  FOURTEEN days prior to the date of such community
 forum. SUCH FORUM SHALL BE HELD AT A PROPER TIME AND  BE  ACCESSIBLE  TO
 THE IMPACTED COMMUNITY VIRTUALLY AND PHYSICALLY.
 A. 10736                            3
 
   [4.   At least thirty days prior to a general hospital applying to the
 federal centers for medicare and medicaid services  to  convert  from  a
 general  hospital with inpatients to a rural emergency hospital under 42
 USC 1395x(kkk), or successor provisions,  such  hospital  shall  hold  a
 public  community  forum  for  the  purpose  of  obtaining  public input
 concerning the anticipated impact of the hospital's closure of inpatient
 units, including but not limited to, the impact on recipients of medical
 assistance for needy persons, the uninsured, people  with  disabilities,
 and  medically  underserved  populations,  and  options and proposals to
 ameliorate such anticipated impact.
   The] (IV) NO LATER THAN THIRTY DAYS PRIOR TO A COMMUNITY  FORUM  UNDER
 THIS  SECTION,  THE GENERAL hospital shall notify health care providers,
 labor unions, the [congressional] LOCAL, STATE, AND FEDERAL  LEGISLATIVE
 representative,  THE  OFFICE  OF THE ATTORNEY GENERAL, THE COUNTY EXECU-
 TIVE, MAYOR, TOWN SUPERVISOR, AND IN THE CASE OF THE CITY OF  NEW  YORK,
 THE  BOROUGH  PRESIDENT, AND COMMUNITY BOARD for [the] EVERY district in
 which the [facility] GENERAL HOSPITAL is located, [the county  executive
 of  the  county  in which the facility is located, and the state senator
 and assembly member representing the area within which the  facility  is
 located]  of  the  date,  time, and location of the community forum. The
 GENERAL hospital shall  afford  all  public  participants  a  reasonable
 opportunity  to  speak  about  relevant matters at such community forum.
 Prior to [any] A community forum and as soon as practicable, the GENERAL
 hospital shall be required to:
   [(a)] (A) notify the office of mental health and the local director of
 community services in the event such general  hospital  has  psychiatric
 inpatient  beds  licensed under article thirty-one of the mental hygiene
 law or designated pursuant to section 9.39 of the  mental  hygiene  law,
 and
   [(b)]  (B) notify the office of addiction services and supports in the
 event such general hospital has inpatient substance use disorder  treat-
 ment  programs  or  inpatient  chemical  dependence  treatment  programs
 licensed under article thirty-two of the mental hygiene law. The commis-
 sioner shall also accept comments submitted in writing  at  such  public
 forum and by mail OR ELECTRONIC MAIL within at least two weeks following
 the community forum.
   (V)  THE  COMMISSIONER SHALL ALSO ACCEPT COMMENTS SUBMITTED IN WRITING
 AT SUCH PUBLIC FORUM AND BY MAIL OR ELECTRONIC MAIL WITHIN AT LEAST  TWO
 WEEKS FOLLOWING THE COMMUNITY FORUM.
   (D) REVISED CLOSURE PLAN. NO LATER THAN THIRTY DAYS AFTER THE COMMUNI-
 TY  FORUM,  THE  GENERAL HOSPITAL SHALL SUBMIT A REVISED CLOSURE PLAN TO
 THE DEPARTMENT ADDRESSING  CONCERNS  RAISED  BY  COMMUNITY  STAKEHOLDERS
 DURING  THE  COMMUNITY  FORUM.  THE  GENERAL HOSPITAL AND THE DEPARTMENT
 SHALL MAKE THE REVISED CLOSURE PLAN PUBLICLY AVAILABLE ON THEIR WEBSITES
 NO LATER THAN FORTY-FIVE DAYS AFTER THE COMMUNITY FORUM.
   (E) PUBLIC HEALTH AND HEALTH PLANNING COUNCIL REVIEW.  NO  LATER  THAN
 NINETY  DAYS PRIOR TO THE PROPOSED CLOSURE, THE PUBLIC HEALTH AND HEALTH
 PLANNING COUNCIL, OR ANY SUCCESSOR ENTITY, SHALL HOLD A  PUBLIC  MEETING
 BEFORE THE COUNCIL TO REVIEW THE APPLICATION, INCLUDING THE HEALTH EQUI-
 TY  IMPACT  ASSESSMENT  AND REVISED CLOSURE PLAN. WITHIN TWO WEEKS AFTER
 SUCH MEETING, THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL SHALL MAKE A
 RECOMMENDATION TO THE COMMISSIONER FOR THE COMMISSIONER'S CONSIDERATION.
   3. CLOSURE OF A UNIT OF A GENERAL HOSPITAL. (A)(I)  WRITTEN  NOTIFICA-
 TION  OF  A PROPOSED CLOSURE OF A UNIT OF A GENERAL HOSPITAL, AS DEFINED
 IN SUBDIVISION ONE OF THIS SECTION, MUST BE PROVIDED TO  THE  DEPARTMENT
 AND ALL PARTIES LISTED IN SUBPARAGRAPH (IV) OF PARAGRAPH (C) OF SUBDIVI-
 A. 10736                            4
 
 SION TWO OF THIS SECTION NO LATER THAN TWO HUNDRED TEN DAYS PRIOR TO THE
 PROPOSED  CLOSURE DATE. NOTHING IN THIS SECTION SHALL PROHIBIT A GENERAL
 HOSPITAL FROM CONFERRING WITH THE DEPARTMENT PRIOR  TO  SUBMITTING  SUCH
 WRITTEN NOTIFICATION TO GIVE INFORMAL NOTICE AND SEEK GUIDANCE.
   (II)  A REDUCTION IN SERVICES OR CLOSURE OF A UNIT IN A GENERAL HOSPI-
 TAL SHALL NOT BE REQUIRED TO UNDERGO  THE  PROCESS  SET  FORTH  IN  THIS
 SECTION  IF  THE  GENERAL HOSPITAL DEMONSTRATES TO THE DEPARTMENT A GOOD
 CAUSE FOR SUCH REDUCTION OR CLOSURE OF A UNIT, WHICH SHALL  INCLUDE  ONE
 OR MORE OF THE FOLLOWING:
   (A) WHETHER SUCH CLOSURE OR REDUCTION IS TEMPORARY IN ORDER TO MODERN-
 IZE A FACILITY;
   (B)  WHETHER  SUCH  CLOSURE  ADDRESSES THE CURRENT HEALTH CARE DEMAND,
 SUCH AS PATIENT VOLUME AND THE OVERALL AVAILABILITY OF SERVICES  IN  THE
 FACILITY'S HEALTH SERVICE AREA OR COUNTY SERVED;
   (C)  THERE  ARE  ACUTE  LABOR  SHORTAGES OUTSIDE OF THE CONTROL OF THE
 GENERAL HOSPITAL THAT IMPACTS PATIENT SAFETY; OR
   (D) AN ACUTE FINANCIAL EMERGENCY OUTSIDE OF THE CONTROL OF THE GENERAL
 HOSPITAL.
   (B) APPLICATION. A GENERAL HOSPITAL THAT SEEKS THE CLOSURE OF  A  UNIT
 SHALL  SUBMIT  AN  APPLICATION TO THE DEPARTMENT OF HEALTH THAT REQUIRES
 REVIEW BY THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, OR ANY  SUCCES-
 SOR  ENTITY IN ADDITION TO APPROVAL BY THE COMMISSIONER. THE APPLICATION
 FOR THE CLOSURE SHALL INCLUDE A  HEALTH  EQUITY  IMPACT  ASSESSMENT,  AS
 DEFINED  BY  SECTION  TWENTY-EIGHT  HUNDRED TWO-B OF THIS ARTICLE, AND A
 PROPOSED CLOSURE PLAN. THE APPLICATION SHALL BE SUBMITTED AT  LEAST  ONE
 HUNDRED  FIFTY  DAYS  BEFORE  THE PROPOSED CLOSURE. NO CESSATION, PAUSE,
 TRANSFER, OR LIMITATION OF SERVICE MAY BE CARRIED OUT WHILE THE  CLOSURE
 APPLICATION IS PENDING WITHOUT PRIOR WRITTEN APPROVAL BY THE COMMISSION-
 ER OR THE COMMISSIONER'S DESIGNEE, WHO SHALL TAKE INTO CONSIDERATION THE
 IMPACTS  ON  QUALITY OF CARE AND PATIENT SAFETY STEMMING FROM CHANGES IN
 PATIENT VOLUME OR SERVICES.  AS  USED  IN  THIS  SECTION,  "TRANSFER  OF
 SERVICES"  SHALL INCLUDE CONVERSION OF SERVICES FROM INPATIENT TO OUTPA-
 TIENT SERVICES, THE MOVING OF  SERVICES  TO  OTHER  FACILITIES,  OR  THE
 TRANSFER OF PERSONNEL THAT WOULD CONSTITUTE A REDUCTION OR UNAVAILABILI-
 TY OF SERVICES.
   (C) COMMUNITY PUBLIC FORUM. (I) NO LATER THAN NINETY DAYS PRIOR TO THE
 PROPOSED CLOSURE OF A UNIT OF A GENERAL HOSPITAL, THE COMMISSIONER SHALL
 HOLD  A PUBLIC COMMUNITY FORUM FOR THE PURPOSE OF OBTAINING PUBLIC INPUT
 CONCERNING THE ANTICIPATED IMPACT OF THE UNIT'S CLOSURE ON  QUALITY  AND
 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 MEDICALLY UNDERSERVED POPULATIONS AS DEFINED
 IN  PARAGRAPH  (D)  OF  SUBDIVISION  ONE OF SECTION TWENTY-EIGHT HUNDRED
 TWO-B OF THIS ARTICLE, AND OPTIONS  AND  PROPOSALS  TO  AMELIORATE  SUCH
 ANTICIPATED  IMPACT.  THE  COMMISSIONER  SHALL AFFORD COMMUNITY MEMBERS,
 HEALTH CARE PROVIDERS,  LABOR  UNIONS,  PAYERS,  BUSINESSES,  AND  OTHER
 PARTICIPANTS A REASONABLE OPPORTUNITY TO SPEAK ABOUT RELEVANT MATTERS AT
 SUCH COMMUNITY FORUM.
   (II) NO LATER THAN TWO WEEKS BEFORE HOLDING A COMMUNITY FORUM PURSUANT
 TO  THIS  PARAGRAPH, THE COMMISSIONER SHALL MAKE AVAILABLE TO THE PUBLIC
 ON THE DEPARTMENT'S WEBSITE  INFORMATION  REGARDING:  (A)  THE  PROPOSED
 CLOSURE  PLAN  SUBMITTED  BY  THE  GENERAL HOSPITAL; (B) THE ANTICIPATED
 IMPACT OF THE CLOSURE ON QUALITY AND 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; (C) SPECIFIC MEASURES THE DEPARTMENT AND OTHER
 A. 10736                            5
 
 PARTIES HAVE TAKEN OR WILL TAKE TO AMELIORATE  SUCH  ANTICIPATED  IMPACT
 INCLUDING BUT NOT LIMITED TO ENSURING THAT THE SERVICES TO BE ELIMINATED
 WOULD  BE  AVAILABLE  TO  MEDICAID, OR INDIVIDUALS THAT ARE INSURED BY A
 PUBLICLY-SUBSIDIZED  PLAN AND UNINSURED PATIENTS AT THE SURROUNDING AREA
 FACILITIES THAT ARE TAKING NEW PATIENTS; AND (D) ANY FURTHER RECOMMENDA-
 TIONS REGARDING QUALITY AND ACCESS TO HEALTH CARE SERVICES  IN  COMMUNI-
 TIES IMPACTED BY THE CLOSURE.
   (III)  A COMMUNITY FORUM CONDUCTED PURSUANT TO THIS PARAGRAPH SHALL BE
 HELD AT A LOCATION WITHIN A REASONABLE PROXIMITY TO THE UNIT SUBJECT  TO
 THE  PROPOSED  CLOSURE AND SHALL BE ANNOUNCED NO LESS THAN FOURTEEN DAYS
 PRIOR TO THE DATE OF SUCH COMMUNITY FORUM. SUCH FORUM SHALL BE HELD AT A
 PROPER TIME AND BE ACCESSIBLE TO THE IMPACTED  COMMUNITY  VIRTUALLY  AND
 PHYSICALLY.
   (IV)  NO  LATER THAN TWO WEEKS PRIOR TO THE COMMUNITY FORUM UNDER THIS
 SECTION, THE GENERAL HOSPITAL SEEKING  TO  CLOSE  A  UNIT  SHALL  NOTIFY
 HEALTH  CARE  PROVIDERS,  LABOR  UNIONS,  THE  LOCAL, STATE, AND FEDERAL
 LEGISLATIVE REPRESENTATIVE, THE OFFICE  OF  THE  ATTORNEY  GENERAL,  THE
 COUNTY EXECUTIVE, MAYOR, TOWN SUPERVISOR, AND IN THE CASE OF THE CITY OF
 NEW  YORK, THE BOROUGH PRESIDENT, AND COMMUNITY BOARD FOR EVERY DISTRICT
 IN WHICH THE GENERAL  HOSPITAL  IS  LOCATED,  OF  THE  DATE,  TIME,  AND
 LOCATION  OF  THE  COMMUNITY  FORUM. PRIOR TO THE COMMUNITY FORUM AND AS
 SOON AS PRACTICABLE, THE GENERAL HOSPITAL  SHALL  BE  REQUIRED  TO:  (A)
 NOTIFY  THE  OFFICE OF MENTAL HEALTH AND THE LOCAL DIRECTOR OF COMMUNITY
 SERVICES IN THE EVENT SUCH GENERAL HOSPITAL IS SEEKING TO CLOSE AN INPA-
 TIENT PSYCHIATRIC UNIT LICENSED UNDER ARTICLE THIRTY-ONE OF  THE  MENTAL
 HYGIENE LAW OR DESIGNATED PURSUANT TO SECTION 9.39 OF THE MENTAL HYGIENE
 LAW, AND (B) NOTIFY THE OFFICE OF ADDICTION SERVICES AND SUPPORTS IN THE
 EVENT  THE  GENERAL  HOSPITAL IS SEEKING TO CLOSE AN INPATIENT SUBSTANCE
 USE DISORDER TREATMENT PROGRAMS OR INPATIENT CHEMICAL DEPENDENCE  TREAT-
 MENT  PROGRAMS  LICENSED  UNDER ARTICLE THIRTY-TWO OF THE MENTAL HYGIENE
 LAW.
   (V) THE COMMISSIONER SHALL ALSO ACCEPT COMMENTS SUBMITTED  IN  WRITING
 AT  SUCH PUBLIC FORUM AND BY MAIL OR ELECTRONIC MAIL WITHIN AT LEAST TWO
 WEEKS FOLLOWING THE COMMUNITY FORUM.
   (D) REVISED CLOSURE PLAN. NO LATER THAN THIRTY DAYS AFTER THE COMMUNI-
 TY FORUM, THE GENERAL HOSPITAL SHALL SUBMIT A REVISED  CLOSURE  PLAN  TO
 THE  DEPARTMENT  ADDRESSING  CONCERNS  RAISED  BY COMMUNITY STAKEHOLDERS
 DURING THE COMMUNITY FORUM. THE  GENERAL  HOSPITAL  AND  THE  DEPARTMENT
 SHALL MAKE THE REVISED CLOSURE PLAN PUBLICLY AVAILABLE ON THEIR WEBSITES
 NO LATER THAN FORTY-FIVE DAYS AFTER THE COMMUNITY FORUM.
   (E)  PUBLIC  HEALTH  AND HEALTH PLANNING COUNCIL REVIEW. NO LATER THAN
 THIRTY DAYS PRIOR TO THE PROPOSED CLOSURE, THE PUBLIC HEALTH AND  HEALTH
 PLANNING  COUNCIL,  OR ANY SUCCESSOR ENTITY, SHALL HOLD A PUBLIC MEETING
 TO REVIEW THE APPLICATION, INCLUDING THE HEALTH EQUITY IMPACT ASSESSMENT
 AND REVISED CLOSURE PLAN. WITHIN  TWO  WEEKS  AFTER  SUCH  MEETING,  THE
 PUBLIC HEALTH AND HEALTH PLANNING COUNCIL SHALL MAKE A RECOMMENDATION TO
 THE COMMISSIONER FOR THE COMMISSIONER'S CONSIDERATION.
   4.  THE  COMMISSIONER  SHALL  MAKE THEIR DECISION TO EITHER APPROVE OR
 DENY THE CLOSURE PLAN WITHIN THIRTY DAYS FOLLOWING RECEIPT OF THE RECOM-
 MENDATION FROM THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL.
   5. AT LEAST THIRTY DAYS PRIOR TO A GENERAL HOSPITAL  APPLYING  TO  THE
 FEDERAL  CENTERS  FOR  MEDICARE  AND MEDICAID SERVICES TO CONVERT FROM A
 GENERAL  HOSPITAL WITH INPATIENTS TO A RURAL EMERGENCY HOSPITAL UNDER 42
 USC 1395X(KKK), OR SUCCESSOR PROVISIONS,   SUCH GENERAL  HOSPITAL  SHALL
 HOLD  A PUBLIC COMMUNITY FORUM FOR THE PURPOSE OF OBTAINING PUBLIC INPUT
 CONCERNING  THE ANTICIPATED IMPACT OF THE GENERAL HOSPITAL'S  CLOSURE OF
 A. 10736                            6
 
 INPATIENT  UNITS, INCLUDING BUT NOT LIMITED TO, THE IMPACT ON RECIPIENTS
 OF MEDICAL ASSISTANCE FOR NEEDY  PERSONS,  THE  UNINSURED,  PEOPLE  WITH
 DISABILITIES,  AND  MEDICALLY  UNDERSERVED  POPULATIONS, AND OPTIONS AND
 PROPOSALS TO AMELIORATE SUCH ANTICIPATED IMPACT.
   6. NO LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN AND ANNUALLY
 THEREAFTER,  THE COMMISSIONER SHALL PROVIDE A REPORT TO THE LEGISLATURE,
 INCLUDING BUT NOT LIMITED TO, IDENTIFYING THE GENERAL HOSPITAL  OR  UNIT
 OF A GENERAL HOSPITAL THAT HAS PROVIDED WRITTEN NOTICE OF A CLOSURE, THE
 PROPOSED CLOSURE DATE AND THE SERVICES IMPACTED BY THE PROPOSED CLOSURE.
 SUCH REPORT SHALL BE PROVIDED IN ELECTRONIC FORMAT AND SHALL BE DISTRIB-
 UTED  TO  THE TEMPORARY PRESIDENT AND MINORITY LEADER OF THE SENATE, THE
 SPEAKER AND MINORITY LEADER OF THE ASSEMBLY, THE  CHAIR  OF  THE  SENATE
 STANDING  COMMITTEE  ON  HEALTH,  AND  THE  CHAIR OF THE ASSEMBLY HEALTH
 COMMITTEE.
   7. NO PROVISION OF THIS SECTION SHALL MODIFY ANY OTHER REQUIREMENT  OR
 PROCESS  FOR  THE  CLOSURE  OF A GENERAL HOSPITAL OR A UNIT OF A GENERAL
 HOSPITAL THAT IS REQUIRED PURSUANT TO THIS CHAPTER  OR  THE  REGULATIONS
 PROMULGATED  PURSUANT TO IT, INCLUDING BUT NOT LIMITED TO ANY DEPARTMENT
 OR PUBLIC HEALTH AND HEALTH PLANNING COUNCIL REVIEW OR APPROVAL PROCESS.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a  law,  and  shall  not apply to any proposed closures on
 notice to the department as of the date it shall take effect.