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A 10736

Requires 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

2025 Regular Session Introduced by Didi Barrett and 8 co-sponsors

Requires public notice, community forums, and health equity assessments before closing a hospital or its care units, protecting access for vulnerable groups.

REPORTED REFERRED TO WAYS AND MEANS
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Bill Summary · A 10736

Summary of Bill A.10736 (2025-2026) – Local Input in Community Healthcare Act

Purpose and Intent

  • Requires public notice and meaningful public engagement when a New York general hospital seeks to close entirely or to close a unit that provides maternity, mental health, or substance use care.
  • Aims to increase community input, assess impacts on access to care and health equity, and ensure transparency in hospital closure decisions.

Key Provisions and Changes

Scope of the Process

  • Applies to:
    • Closure of an entire general hospital.
    • Closure (or significant reduction) of a hospital unit that delivers licensed emergency, maternity, mental health, or substance use services (including related specialty or operating-certificate services).
  • A “reduction” is defined by specified thresholds of patient-capacity loss over time:
    • More than 15% in 12 months, or
    • 25% or more in 24 months (aggregate), or
    • 35% or more in 36 months (aggregate).

Closure of a General Hospital (Whole-Hospital Closure)

  • Written notification to the Department of Health (DOH) and specified stakeholders must occur at least 270 days before the proposed closure.
  • If a hospital intends to close, it must submit:
    • An application reviewed by the Public Health and Health Planning Council (PHHPC) or successor.
    • A health equity impact assessment.
    • A proposed closure plan.
  • A cessation, pause, transfer, or limitation of services cannot occur while the closure application is pending without written approval from the Commissioner (DOH) or designee.
  • Public Community Forum (early engagement):
    • Held no later than 150 days prior to proposed closure.
    • Purpose: gather input on anticipated impact on access to care, especially for Medicaid, uninsured, and medically underserved populations; discuss amelioration options.
    • Public information materials to be posted at least 30 days before the forum (with multiple subsections outlining what will be disclosed).
    • Forum location must be reasonably proximate and accessible in-person and virtually.
  • Pre-forum notifications:
    • Hospitals must notify health-care providers, unions, local/state/federal reps, attorney general, local government officials, and community boards about the forum date/time/location at least 30 days prior.
    • Notifications to mental health and addiction services offices when relevant.
  • Post-forum actions:
    • A revised closure plan due 30 days after the forum; publicly available within 45 days.
  • PHHPC Review:
    • Public meeting required no later than 90 days before the proposed closure to review the application and health equity assessment.
    • PHHPC must issue a recommendation within two weeks of the meeting.
  • DOH Decision:
    • The Commissioner must decide to approve or deny within 30 days after receiving the PHHPC recommendation.

Closure of a Hospital Unit

  • Written notification for unit closures must occur at least 210 days before the proposed date.
  • A general hospital may seek a “good cause” exemption from the formal process if the closure/reduction is temporary or driven by factors like modernization, demand, labor shortages, or financial emergency.
  • Application and review process mirrors the full-hospital process, including health equity impact assessment and a proposed closure plan.
  • Community public forum and notice requirements are similar to the full-hospital process, but tailored to the unit level:
    • Forum held no later than 90 days prior to proposed unit closure.
    • Public information posted 2 weeks before the forum.
    • Post-forum revised closure plan due within 30 days; made public within 45 days.
    • PHHPC review occurs no later than 30 days prior to proposed closure, with a recommendation due within two weeks.

Reporting

  • By January 1, 2027 and annually thereafter, the DOH Commissioner must report to the Legislature identifying hospitals/units that provided notice, proposed closure dates, and services impacted.

Effective Date

  • The act takes effect 60 days after becoming law and does not apply to closures announced before that effective date.

Who is Affected

  • General hospitals considering full closure or unit closures of Emergency, Maternity, Mental Health, or Substance Use care.
  • Community stakeholders including Medicaid/Medicaid-enrolled, uninsured, medically underserved populations, healthcare providers, labor unions, payers, and local government entities.
  • DOH and PHHPC (health planning and regulatory bodies) as the approving and advisory bodies.

Procedural and Timeline Aspects

  • Structured timeline with explicit notice milestones (ranging 210–270 days before closure, and public forums 90–150 days prior, depending on scope).
  • Mandatory health equity assessments and revised closure plans post-forum.
  • Public forums required to be accessible physically and virtually, with opportunities for written comments.
  • Post-closure reporting to the Legislature.

Overall, A.10736 strengthens community participation and transparency in hospital closures, with emphasis on protecting access to care for vulnerable populations and ensuring health-equity considerations are central to closure planning.

Compiled from official sources — confirm details with the bill’s official record.

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