PART III.  OTHER PROVISIONS

     §323F-31  Maintenance of services.  (a)  No planned substantial reduction or elimination of direct patient care services at any facility shall be undertaken unless all of the following requirements are met:

     (1)  An initial determination is made by the regional chief executive officer as to critical and emergency services which shall not be subject to reduction or elimination pursuant to this section;

     (2)  The plan of the facility to substantially reduce or eliminate any direct patient care services at the health facility shall first be presented to the regional system board for its approval;

     (3)  Subsequent to the requisite regional system board approval, the regional chief executive officer shall present the plan to the community in which the facility is located, at a community informational meeting, in order to obtain community input on the plan; and

     (4)  Provided that if the regional system board approves the plan, the plan as approved by the regional system board shall be submitted to the corporation board for ratification.

     (b)  After the community informational meeting, but at least twenty days prior to the implementation of the plan approved by the regional system board, the regional system board shall give notice of implementation of the plan to the governor, senate president, and the speaker of the house of representatives.

     (c)  The decision of the regional system board shall be the final decision with respect to the plan.  Implementation of the plan shall commence and continue, provided that no legislation is enacted that:

     (1)  Requires the reinstatement and continuation of the direct patient care services that are subject to reduction or elimination under the plan; and

     (2)  Includes an appropriation of additional moneys sufficient to adequately fund the mandated reinstatement and continuation of the subject direct patient care services. [L 1996, c 262, pt of §2; am L 2007, c 290, §34; am L 2009, c 182, §2]