2014 New York Laws
PBH - Public Health
Article 28 - (2800 - 2826) HOSPITALS
2801-H - Community forum on establishment of certain facilities in the county of Bronx.

  2801-h.  Community  forum on establishment of certain facilities in
  the  county  of  Bronx.  1.  For  any  proposed  free  standing  clinic,
  outpatient  health  care facility or ambulatory health care center that:
  (i) is to be over three stories in height  or  to  contain  over  thirty
  thousand  square  feet,  (ii) is proposed to be located in the county of
  Bronx, and (iii) is sponsored, directly or indirectly,  by  a  hospital,
  then  the  sponsoring hospital shall, prior to the establishment of such
  clinic, facility or center, file a notice thereof with  the  department,
  the  education  department  and  the  community board of the locality in
  which the clinic, facility or center is to be established.
2. Not less than one hundred eighty days nor  more  than  two  hundred
  seventy days after receipt of a sponsoring hospital's notice pursuant to
  subdivision  one  of  this section, the commissioner shall hold a public
  community forum for the purpose of obtaining public and community  board
  input  concerning  the anticipated impact of the establishment of a free
  standing clinic, outpatient health care facility  or  ambulatory  health
  care   facility.  Such  impact  may  include  and  relate  to:  (i)  the
  appropriateness of the size, height, bulk dimensions and scope  of  such
  clinic,  facility  or  center  when compared to the surrounding physical
  characteristics and social fabric of such community, (ii) the  provision
  of adequate motor vehicle parking to accommodate such facility needs and
  which  does  not  diminish  the  current  supply  of  parking for nearby
  residents or increase traffic congestion near such facility,  (iii)  the
  current  access  to  appropriate  medical facilities or the provision of
  essential  medical  services  to  such  community,  service   area   and
  surrounding communities, and (iv) options and proposals to ameliorate or
  mitigate  anticipated  adverse  impacts  to  the  local  community.  The
  commissioner shall afford  community  members,  representatives  of  the
  local  community  board,  local  businesses  and  consumers a reasonable
  opportunity to speak about relevant matters  at  such  community  forum.
  Every  such forum shall be held upon not less than thirty days notice to
  the affected community and the local community board.
3. The commissioner shall, prior to establishing the  date,  time  and
  location  of  the  public  community forum, consult with, and obtain the
  advice  and  consent  of  the  appropriate  community   board,   as   to
  establishing  a  convenient date, time and location to conduct the forum
  for the locally impacted  community.  Such  hearing  location  shall  be
  within  reasonable proximity to the proposed clinic, facility or center,
  and in suitable facilities that provide adequate room and access to hear
  public comments presented.
4. Not later than ninety days after  holding  a  community  forum  the
  commissioner  shall  make  available  to  the public on the department's
  website the reasons why such facility is,  by  a  preponderance  of  the
  evidence,  in  the  best  interests  of  those who live within the local
  community and within the local service area as it relates  to:  (i)  the
  appropriateness  of  the size, height, bulk dimensions and scope of such
  clinic, facility or center when compared  to  the  surrounding  physical
  characteristics  and social fabric of such community, (ii) the provision
  of adequate motor vehicle parking to accommodate such facility needs and
  which does not  diminish  the  current  supply  of  parking  for  nearby
  residents  or  increase traffic congestion near such facility, and (iii)
  the current access to appropriate medical facilities or the provision of
  essential  medical  services  to  such  community,  service   area   and
  surrounding communities.
5.  After due consideration of the comments at the community forum and
  consultation with  the  education  department,  the  commissioner  shall
  either  approve,  modify  or deny authorization for the establishment of
  any such clinic, facility or center.