New York S 9388: 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

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S09388 Summary:

BILL NOS09388 

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SAME ASSAME AS A10736

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SPONSORRIVERA

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COSPNSRKAVANAGH, GONZALEZ, MYRIE, HINCHEY, WEBB, KRUEGER, ASHBY, BAILEY, BRISPORT, FERNANDEZ, HARCKHAM,
 JACKSON, RAMOS, SALAZAR, SCARCELLA-SPANTON, STAVISKY

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MLTSPNSR

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Amd §2801-g, Pub Health L

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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.

Go to top S09388 Actions:

BILL NOS09388 

&nbsp

03/06/2026REFERRED TO HEALTH

03/17/20261ST REPORT CAL.561

03/18/20262ND REPORT CAL.

03/19/2026ADVANCED TO THIRD READING 

03/23/2026PASSED SENATE

03/23/2026DELIVERED TO ASSEMBLY

03/23/2026referred to health

Go to topS09388 Committee&nbspVotes:

Go to topS09388 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09388 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9388

 IN SENATE

 March 6, 2026
 ___________

 Introduced by Sens. RIVERA, KAVANAGH, GONZALEZ, MYRIE, HINCHEY, WEBB,
 KRUEGER, ASHBY, BAILEY, BRISPORT, FERNANDEZ, HARCKHAM, JACKSON, RAMOS,
 SALAZAR, SCARCELLA-SPANTON -- read twice and ordered printed, and when
 printed to be committed 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:

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "local input in community healthcare act".
 3 § 2. Section 2801-g of the public health law, as added by chapter 541
 4 of the laws of 2010, subdivision 4 as added by section 3 of part E of
 5 chapter 57 of the laws of 2023, is amended to read as follows:
 6 § 2801-g. Community [forum] notice and engagement on hospital closure.
 7 1. Process for the closure of a general hospital or a unit of a general
 8 hospital. This section sets forth a process for the closure of a general
 9 hospital or a unit of a general hospital. As used in this section,
 10 "unit" means a portion of a general hospital that offers licensed emer-
 11 gency, maternity, mental health or substance use services, including any
 12 specialty care or any other hospital service in an operating certificate
 13 as approved under section twenty-eight hundred five of this article. For
 14 the purposes of this section, the closure of a unit of a general hospi-
 15 tal shall include a reduction of such services. As used in this
 16 section, "reduction" means a reduction in services that results in:
 17 (a) more than fifteen percent of a reduction in patient capacity of a
 18 unit within twelve months; or
 19 (b) a twenty-five percent or more reduction in patient capacity in
 20 aggregate within a twenty-four month period; or
 21 (c) a thirty-five percent or more reduction in patient capacity in
 22 aggregate within a thirty-six month period.
 23 2. Closure of a general hospital. (a) Written notification of a
 24 proposed closure of a general hospital must be provided to the depart-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03821-03-6

 S. 9388 2

 1 ment and all parties listed in subparagraph (ii) of paragraph (c) of
 2 this subdivision no later than two hundred seventy days prior to the
 3 proposed closure date. Nothing in this section shall prohibit a general
 4 hospital from conferring with the department prior to submitting such
 5 written notification to give informal notice and seek guidance.
 6 (b) Application. A general hospital that seeks to close entirely
 7 shall submit an application that requires review by the public health
 8 and health planning council, or any successor entity. The application
 9 for the closure shall include a health equity impact assessment, as
 10 defined by section twenty-eight hundred two-b of this article, and a
 11 proposed closure plan. The application shall be submitted at least two
 12 hundred ten days before the proposed closure. No cessation, pause,
 13 transfer, or limitation of service may be carried out while the