New NYSDOH Rules Strengthen Physician and Community Input in Hospital Closure Decisions
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At its 2021 House of Delegates, MSSNY adopted policy (150.959) urging that there be meaningful local physician and patient input into proposals to close, downsize or re-purpose hospitals that could adversely impact health care options in communities served by those hospitals, including public hearings in communities affected by the closure.
Through a December 1 Dear Administrator Letter, the NYS Department of Health has significantly enhanced the notification requirements when a hospital, diagnostic and treatment center, end-stage renal disease facility, or ambulatory surgery center seeks to close. The letter was advanced by the NYSDOH as the Governor is again considering legislation passed by the Assembly and Senate earlier this year A.6004/S.1226 – vetoed last year – that would set forth strict notification and community input requirements when a hospital seeks to close or re-structure.
The DOH Letter differentiates notification requirements for temporary closures and those lasting longer than 60 days. For a permanent closure or one lasting longer than 60 days, the letter requires the facility to inform the public, physicians, staff, unions, and elected officials of its intent to close. The closure plan must also describe how patients, including those covered by Medicaid, will continue to receive care, including information on alternative facilities and assurances of language access. The closure plan must also demonstrate that it has coordinated with other providers and that legitimate patient concerns such as geographic location, public transportation, type of facility, medical care, etc., are being addressed in identifying future placement options to ensure continuity of care for patients.
Importantly, the letter sets forth a requirement for a public meeting to occur with 10 days’ notice, to discuss the closure and obtain feedback from the affected community. The public meeting must occur within reasonable proximity to the facility or unit seeking to close and is accessible to individuals with disabilities, with a virtual option to participate being provided.
