On February 07, 2024 a
Exhibit,Appendix
was filed
involving a dispute between
Andrea Gordillo,
Arthur Z. Schwartz,
Center For Independence Of The Disabled,
Community Coalition To Save Beth Israel Hospital And The New York Eye And Ear Infirmary
By Its Co-Chair Penny Mintz,
Elliot-Chelsea Houses Tenants Association,
Fulton Houses Tenants Association,
Michael Schweinsburg,
Pca Doe,
Rhoda Lyman,
Richard Cruz,
Sarah Batchu,
Save Nyee, Inc.,
The 504 Democratic Club,
and
James V. Mcdonald
As Commissioner Of The New York State Department Of Health,
Mount Sinai Beth Israel Hospital,
Mount Sinai Hospital System,
New York Eye And Ear Infirmary Of Mount Sinai,
New York State Department Of Health,
for Special Proceedings - CPLR Article 78
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 02/07/2024 02:07 PM INDEX NO. 151136/2024
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/07/2024
EXHIBIT RR
FILED: NEW YORK COUNTY CLERK 02/07/2024 02:07 PM INDEX NO. 151136/2024
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/07/2024
ROSIE MENDEZ
!HSTHICT OFFICE
-.:1~\ YUHL. :-..;y \rJrJrJ<)
CITY HAI.L OFFICE
THF·: COUNCIL
()F
L \:'\D\! \ld<.'., i'l :HJJ;. S! I!:<(;,'-',:
THE CITY OF NEW YORK
nnendez@couneil. nyc.gov
June 14, 2017
Dr. Howard A. Zucker
Commissioner of Health for New York State
New York State Department ofHealth
Corning Tower, Empire State Plaza
Albany, NY 12237
Dear Commissioner Zucker:
Thank you for the opportunity to submit written comments in regards to the Certificate of Need
(hereinafter "CON") applications that were submitted by the Mount Sinai Beth Israel Health
System (hereinafter "MSBI"). I am Rosie Mendez and I am the New York City Councilwoman
for the 2nd Council District in Manhattan which includes the communities of the Lower East
Side, East Village, Gramercy Park, Kips Bay and parts of Rose Hill and Murray Hill.
Please note that the existing hospital, emergency room, and the former residential housing for
employees, as well as the proposed site for new hospital with emergency room are located all in
my district. I am concerned that the CONs are fragmented into smaller separate applications
instead of a comprehensive all-inclusive thorough public review considering MSBI's substantial
downsizing. Specifically, MSBI's CON applications seek to decertify in three (3) separate
applications the following:
I. 42 maternity beds, 14 neonatal continuing care beds, 17 neonatal intermediate
care beds;
2. A 20-bed pediatric unit; and
3. Cardiac surgery adult services.
FILED: NEW YORK COUNTY CLERK 02/07/2024 02:07 PM INDEX NO. 151136/2024
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/07/2024
All of this is in relation to its proposed transformation plan that will address existing financial
challenges while more efficiently achieving (what has been described as) "new ways to provide
health care."
My concerns are based on the fact that my office has been continuously receiving and actively
responding to questions from my constituents that are apprehensive anticipating deprived access
to optimal healthcare facilities and services. Specifically, ensuring that the most vulnerable (i.e.:
senior citizens, children and/or infants, women in pre- or post- stages of pregnancy) are reassured
that their concerns that MSBI's transformation plan will impact their lives either minimally or
not at all. Such reassurances can only be provided through a transparent inclusive process that
evaluates any and all CON applications all together.
For example, my constituents are concerned that this projected transformation could increase the
amount oftravelling time for pregnant women since they will have to travel to uptown or
crosstown facilities. The unpredictability of rush-hour traffic and the obvious increase in distance
will create additional pressures for these health consumers.
The well-being of our elderly and the elderly's anticipated deniographiC increase during the next
decade requires that any decrease in cardiac surgery services be adequately replaced with other·
cardiovascular services. Likewise, this population has travel-based objections and/or concerns
anticipating a potential delayed response to illnesses that require urgent and immediate care.
The proposed elimination of the 20-bed pediatric unit based on current numbers does not account
for the unpredictability of sudden increases in the number of births. MSBI has not provided
enough factual information about the need to alter and/or discontinue these services coupled with
MSBI informing consumers that said services would be terminated in May justifiably adds to
everyone's anxiety.
Moreover, MSBI's continued insistence to not conduct a community health needs assessment
exacerbates the existing discontent from the actual and perceived lack of community input. I am
especially concerned about MSBI's reticence to cooperatively work with elected leaders and
community stakeholders to co-organize a multidimensional assessment of how the impact ofthe
elimination ofthese services will affect consumers on health related and non-health related
matters.
All these issues are directly related to the multiple individual CON applications that MSBI has
submitted to you and that has been analyzed with a "limited review" perspective instead of the
comprehensive review of its grand transformation plan. It is my belief and that of many others
that a limited review of this major transformation does not provide the necessary level of
scrutiny that should be given to a large scale downsizing. Based on aforementioned, I ask that
this process be terminated since it is depriving affected health care consumers an opportunity to
patiicipate in a thorough public review of the entire closure/downsizing and to perform a full
CON review through the NYS Public Health & Health Planning Council (PHHPC).
FILED: NEW YORK COUNTY CLERK 02/07/2024 02:07 PM INDEX NO. 151136/2024
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/07/2024
Lastly, community residents, health care advocates and consumers have specifically requested
that:
I. MSBI withdraw these limited CON applications and submit a more
comprehensive plan for full CON review or allow public input on the three
pending limited review CON applications resulting in service reductions. NYS
DOHMH must make its CON decisions public and address community concerns
about how existing health care needs would be met if these applications are
approved;
2. MSBI be informed that going forward continued use of multiple limited review
CON applications is not appropriate for the closure of a major medical center and
insist that a comprehensive plan for the closure of MSBI hospital with its
proposed redistribution of services to other locations including the new proposed
70-bed replacement facility be submitted for a full review of the CON application.
This would allow for appropriate public comment and thorough review by DOH
staff and the PHHPC; and
3. As part of the Department's ongoing updates to CON procedures and rules,
remove from eligibility the limited review (pursuant to 10 NYCRR 710.1 (c)(5))
of those applications that involve decertification of beds or services, or the
reallocation, relocation or redistribution of acute care beds from one general
hospital to another general hospital within the same established Article 28
network. These types of applications should be put into the Full CON Review
process pursuant to 10 NYCRR 710.1 (c)(3).
Once again, thank you for the opportunity to comment and I hope you give this very important
matter every consideration.
Sincerely,
Rosie Mendez
Councilwoman
Document Filed Date
February 07, 2024
Case Filing Date
February 07, 2024
Category
Special Proceedings - CPLR Article 78
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Preview
FILED: NEW YORK COUNTY CLERK 02/07/2024 02:07 PM INDEX NO. 151136/2024 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/07/2024 EXHIBIT RR FILED: NEW YORK COUNTY CLERK 02/07/2024 02:07 PM INDEX NO. 151136/2024 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/07/2024 ROSIE MENDEZ !HSTHICT OFFICE -.:1~\ YUHL. :-..;y \rJrJrJ<) CITY HAI.L OFFICE THF·: COUNCIL ()F L \:'\D\! \ld<.'., i'l :HJJ;. S! I!:<(;,'-',: THE CITY OF NEW YORK nnendez@couneil. nyc.gov June 14, 2017 Dr. Howard A. Zucker Commissioner of Health for New York State New York State Department ofHealth Corning Tower, Empire State Plaza Albany, NY 12237 Dear Commissioner Zucker: Thank you for the opportunity to submit written comments in regards to the Certificate of Need (hereinafter "CON") applications that were submitted by the Mount Sinai Beth Israel Health System (hereinafter "MSBI"). I am Rosie Mendez and I am the New York City Councilwoman for the 2nd Council District in Manhattan which includes the communities of the Lower East Side, East Village, Gramercy Park, Kips Bay and parts of Rose Hill and Murray Hill. Please note that the existing hospital, emergency room, and the former residential housing for employees, as well as the proposed site for new hospital with emergency room are located all in my district. I am concerned that the CONs are fragmented into smaller separate applications instead of a comprehensive all-inclusive thorough public review considering MSBI's substantial downsizing. Specifically, MSBI's CON applications seek to decertify in three (3) separate applications the following: I. 42 maternity beds, 14 neonatal continuing care beds, 17 neonatal intermediate care beds; 2. A 20-bed pediatric unit; and 3. Cardiac surgery adult services. FILED: NEW YORK COUNTY CLERK 02/07/2024 02:07 PM INDEX NO. 151136/2024 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/07/2024 All of this is in relation to its proposed transformation plan that will address existing financial challenges while more efficiently achieving (what has been described as) "new ways to provide health care." My concerns are based on the fact that my office has been continuously receiving and actively responding to questions from my constituents that are apprehensive anticipating deprived access to optimal healthcare facilities and services. Specifically, ensuring that the most vulnerable (i.e.: senior citizens, children and/or infants, women in pre- or post- stages of pregnancy) are reassured that their concerns that MSBI's transformation plan will impact their lives either minimally or not at all. Such reassurances can only be provided through a transparent inclusive process that evaluates any and all CON applications all together. For example, my constituents are concerned that this projected transformation could increase the amount oftravelling time for pregnant women since they will have to travel to uptown or crosstown facilities. The unpredictability of rush-hour traffic and the obvious increase in distance will create additional pressures for these health consumers. The well-being of our elderly and the elderly's anticipated deniographiC increase during the next decade requires that any decrease in cardiac surgery services be adequately replaced with other· cardiovascular services. Likewise, this population has travel-based objections and/or concerns anticipating a potential delayed response to illnesses that require urgent and immediate care. The proposed elimination of the 20-bed pediatric unit based on current numbers does not account for the unpredictability of sudden increases in the number of births. MSBI has not provided enough factual information about the need to alter and/or discontinue these services coupled with MSBI informing consumers that said services would be terminated in May justifiably adds to everyone's anxiety. Moreover, MSBI's continued insistence to not conduct a community health needs assessment exacerbates the existing discontent from the actual and perceived lack of community input. I am especially concerned about MSBI's reticence to cooperatively work with elected leaders and community stakeholders to co-organize a multidimensional assessment of how the impact ofthe elimination ofthese services will affect consumers on health related and non-health related matters. All these issues are directly related to the multiple individual CON applications that MSBI has submitted to you and that has been analyzed with a "limited review" perspective instead of the comprehensive review of its grand transformation plan. It is my belief and that of many others that a limited review of this major transformation does not provide the necessary level of scrutiny that should be given to a large scale downsizing. Based on aforementioned, I ask that this process be terminated since it is depriving affected health care consumers an opportunity to patiicipate in a thorough public review of the entire closure/downsizing and to perform a full CON review through the NYS Public Health & Health Planning Council (PHHPC). FILED: NEW YORK COUNTY CLERK 02/07/2024 02:07 PM INDEX NO. 151136/2024 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/07/2024 Lastly, community residents, health care advocates and consumers have specifically requested that: I. MSBI withdraw these limited CON applications and submit a more comprehensive plan for full CON review or allow public input on the three pending limited review CON applications resulting in service reductions. NYS DOHMH must make its CON decisions public and address community concerns about how existing health care needs would be met if these applications are approved; 2. MSBI be informed that going forward continued use of multiple limited review CON applications is not appropriate for the closure of a major medical center and insist that a comprehensive plan for the closure of MSBI hospital with its proposed redistribution of services to other locations including the new proposed 70-bed replacement facility be submitted for a full review of the CON application. This would allow for appropriate public comment and thorough review by DOH staff and the PHHPC; and 3. As part of the Department's ongoing updates to CON procedures and rules, remove from eligibility the limited review (pursuant to 10 NYCRR 710.1 (c)(5)) of those applications that involve decertification of beds or services, or the reallocation, relocation or redistribution of acute care beds from one general hospital to another general hospital within the same established Article 28 network. These types of applications should be put into the Full CON Review process pursuant to 10 NYCRR 710.1 (c)(3). Once again, thank you for the opportunity to comment and I hope you give this very important matter every consideration. Sincerely, Rosie Mendez Councilwoman