THE ASSEMBLY STATE OF NEW YORK ALBANY

JAMES SKOUFIS Member of Assembly 99th District

COMMITTEES Agriculture Consumer Affairs and Protection Insurance Labor Transportation

January 7, 2013 Dr. Nirav Shah Commissioner New York State Department of Health Corning Tower Empire State Plaza, Albany, NY 12237

Dear Commissioner Shah: Earlier today, a small majority of the members of the Public Health and Health Planning Council (PHHPC), yourself included, voted to override the Health Planning Committees recommendation to employ a full certificate of need review for freestanding part-time emergency departments, and instead decided to only require an administrative review. I strongly believe this decision was a mistake that results in a needless circumvention of a more rigorous review process for a new public health policy (part-time emergency departments) that everyone involved has little to no experience dealing with. I am hereby requesting a meeting with you directly not a staff meeting to explain the circumstances surrounding the St. Lukes Cornwall Hospitals current request to mak e their Cornwall Campus emergency department part-time. It is my understanding that St. Lukes is one of only two requests of this nature presently before the Department of Health surely, the PHHPC would not have been overwhelmed with a review of what stands at two applications in the entire state. Furthermore, St. Lukes executives without the prior authorization from their board of trustees has publicly stated to the Health Planning Committee that it is their intention to eventually close the entire emergency department at the Cornwall Campus as they believe, after nearly 100 years of a Cornwall emergency department, one is no longer needed there. This is not a matter of the hospital looking to go part-time to preserve a presence in Cornwall, as the PHHPC suggested be the purpose of part-time departments at todays meeting this is simply a publicly-stated means to an end: full closure. This sort of extenuating circumstance is exactly why a full review should be required of these applications. The above and much more was shared with the Health Planning Committee at a number of
ALBANY OFFICE: Room 821, Legislative Office Building, Albany, New York 12248 518-455-5441 FAX: 518-455-5884 DISTRICT OFFICE: 11 Main Street, Chester, New York 10918 845-469-6929 FAX: 845-469-0914 EMAIL: skoufisj@assembly.state.ny.us

meetings in late 2013. I believe this is, in part, what prompted them to amend their recommendation to move from what originally required only an administrative review for part-time EDs, to a full review; the vote to do so was nearly unanimous with only one dissenting member. Earlier today, most of those same members who listened to my testimony at the Health Planning Committee level voted against the amendment to move back to an administrative review. Unfortunately, however, most of the rest of the members of the PHHPC, yourself included, voted to amend. Todays meeting included no public comment which has been present at every other PHHPC and Health Planning Committee meeting I have attended. I believe if others and I were able to share testimony to those PHHPC members not on the Health Planning Committee, the vote today may well have been different. Todays vote was an unmitigated mistake that may lead to a dev astating, avoidable impact on the communities that I represent. Please respond to me with your earliest available time to meet regarding this matter. Sincerely,

James Skoufis Member of Assembly

Cc: Public Health and Health Planning Council Governor Andrew Cuomo Speaker Sheldon Silver Majority Co-Leaders Jeffrey Klein and Dean Skelos

ALBANY OFFICE: Room 821, Legislative Office Building, Albany, New York 12248 518-455-5441 FAX: 518-455-5884 DISTRICT OFFICE: 11 Main Street, Chester, New York 10918 845-469-6929 FAX: 845-469-0914 EMAIL: skoufisj@assembly.state.ny.us