The New York State Department of Health has issued new rules governing the temporary or permanent closures of healthcare facilities. The new rules updated and clarified previous rules governing facility closures. Under the new rules, healthcare facilities may not close, discontinue services or reduce beds without prior approval of the facility’s Closure Plan.
Temporary closures are considered closures of up to 60 days in duration. Under the rules, facilities are required to provide verbal notification to the Department of Health’s Regional Office Hospital Program Director as soon as the facility contemplates temporary closure, the limitation of a service or a reduction in the number of beds. Within 48 hours of the verbal notice, the facility must provide written notice, which may be accomplished by email. Approval requires proof of a surety bond, the proceeds of which would be forfeited if the service is not resumed within 60 days.
Closures of more than 60 days in duration require the same verbal and written notification as required for temporary closures. In addition, the facility must alert the public, physicians and staff of the intent to submit a Closure Plan. The facility must also hold a public meeting at a site that is in reasonable proximity of the facility, including the opportunity for virtual attendance. The facility’s Chief Executive Officer and/or Chief Operating Officer must be available to respond to questions at the public meeting.
The facility must also submit a Closure Plan, including such details as the target closure dates, the extent of the closure (which services or the number of beds affected), the reasons for the closure, the number of patient visits to the facility over the last three years, the number of staff affected by the closure, and evidence of notification to patients, staff, physicians, unions, elected officials, and the community.
Facilities may not be closed until written approval is received from the Department of Health. The facility is required to notify patients, staff and managed care plans immediately on receipt of the Department’s approval.
The Department of Health’s December 1, 2025 letter sent to Chief Executive Offers and Administrators is linked here.