The Commission on Health Care Facilities in the 21st Century released its recommendations for hospital and nursing home restructuring and closures on November 28, 2006. The Commission, also known as the Berger Commission, was established as part of the 2005–06 New York State Budget and was charged with making recommendations on hospital and nursing home restructuring. The enabling legislation sets forth specific factors to be considered by the Commission, including the need for inpatient and nursing home services in a community, the impact of potential closures on the health care services and economy in that area, the costs associated with a closure, and others.
To read the recommendations in full, click here 
3.2 MB.
To view the recommendations by region, click the links below.
To view Governor-Elect Eliot Spitzer's statement in response to the Berger Commission recommendations, click here 11.7 KB.
The State Legislature now has until December 31, 2006, to reject the recommendations in their entirety, or the recommendations will be binding on the State Commissioner of Health, who will have until June 30, 2008, to implement them.
Deadlines for the Work of the Commission Include the Following:
- November 15, 2006: regional advisory councils transmit recommendations to the Commission;
- December 1, 2006: Commission reports to the Governor;
- December 5, 2006: Governor transmits recommendations to the State Legislature;
- December 31, 2006: deadline for the Legislature to reject the recommendations in their entirety, if the Legislature chooses to do so; and,
- June 30, 2008: Commissioner of Health's authority to implement the recommendations of the commission expires. The Commission and the regional advisory councils expire after their reports are submitted.
Data on Commission Web Site
The Commission on Health Care Facilities in the 21st Century Web site (www.nyhealthcarecommission.com) includes information on hospital and nursing home capacity, utilization, and profitability; capital debt; other health care providers; Medicaid and uninsured populations; and related matters.
Regional Advisory Committees
The Commission's enabling statute also called for the formation of Regional Advisory Committees (RACs) for each of the six Commission regions, which are charged with developing independent recommendations with respect to restructuring and downsizing of hospitals and nursing homes in that region.
GNYHA Member Resources
- GNYHA/1199 SEIU Healthcare Education Project (HEP) Statements Regarding the Commission
- GNYHA “At a Glance” Documents About the Commission’s Purpose and Composition
- GNYHA Member Letter Bulletins Commission on Health Care Facilities in the 21st Century
- ML-3: 48.2 KB TRO Issued to Block Berger Recommendations (January 4, 2007)
- ML-281: 48.7 KB New York State Legislature Ends Special Session; No Action on Berger Recommendations (December 14, 2006)
- ML-265 52.0 KB: Commission Holds Final Meeting; Recommendations Expected to be Made Public Next Week (November 20, 2006)
- ML-263 100 KB: GNYHA/1199 SEIU Healthcare Education Project Statement on Common Sense Health Care Reform for New York State (November 17, 2006)
- ML-215 71.8 KB: Summary of November 17 Berger Commission Meeting (November 18, 2005)
- ML-213 55.7 KB: Commission Defers Decision on CON Recommendations (November 17, 2005)
- ML-211 66.3 KB: Commission on Health Care Facilities in the 21st Century to Consider CON Restrictions (November 16, 2005)
- HML-55 74.5 KB: Executive Briefing: Commission on Healthcare Facilities in the 21st Century (July 27, 2005)
- ML-131 54.4 KB: Availability of Data Provided to Berger Commission (July 20, 2005)
- ML-128 51.8 KB: Governor Names Regional Members of the Commission on Healthcare Facilities in the 21st Century (July 15, 2005)
- ML-126 71.9 KB: Commission on Healthcare Facilities in the 21st Century Holds First Meeting (July 13, 2005)
- ML-82 115 KB: Governor Pataki and State Legislature Reach Agreement on Budget Changes; Vetoes Averted; Commission Proposal Enacted (April 13, 2005)
To read Commission-related newspaper articles, click the links below.