December 26, 2023

Steven Hanks, MD
President and Chief Operating Officer
Samaritan Hospital
2215 Burdett Avenue
Troy, New York 12180

Re: Samaritan Hospital (Burdett) Closure Plan

Dear Dr. Hanks:

Samaritan Hospital is hereby directed to CEASE and DESIST from closing beds and services
without approval of the Department of Health (“Department”). Closing beds or services without
approval is unlawful and may result in civil penalties of $2,000 per day for each day that the
beds or services are closed without approval. The Department also reserves the right to avail
itself of any other appropriate remedy, including but not limited to seeking a court order.

10 NYCRR § 401.3(a) requires that “Proposed changes in physical plant, bed capacity and the
extent and kind of services provided shall be submitted to the Department in writing....” In
addition, under 10 NYCRR § 401.3(g), “No medical facility shall discontinue operation or
surrender its operating certificate unless 90 days' notice of its intention to do so is given to the
commissioner and his written approval obtained.” The Division of Hospitals and Diagnostic &
Treatment Centers’ DAL#: 23-06 Facility Closure Plan Guidelines was sent to facilities on
August 29, 2023, to assist facilities in submitting the required documents in the timeframes
required to be compliant with the regulation.

Samaritan Hospital has not submitted a closure plan for obstetrical services although the
hospital has informed staff that the hospital has ceased recruiting new staff to provide
obstetrical services at the Burdett Center.

No closure of beds or services can be implemented without approval from the Department of
Health under 10 NYCRR § 401.3(g), as specified in the Division of Hospitals and Diagnostic &
Treatment Centers’ DAL#: 23-06.

Please provide a written response confirming that no changes in operation will occur and that
Samaritan Hospital will desist from any closure of beds or services until approval has been
received from the Department. If you have any questions concerning this matter, please contact
hospinfo@health.ny.gov.

Sincerely,

Stephanie Shulman, DrPH, MS

Director
Division of Hospitals and
Diagnostic & Treatment Centers