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08-12-20 Senate COVID-19 and Hospitals FINAL.Ecl 1 BEFORE THE NEW YORK STATE LEGISLATURE: SENATE STANDING COMMITTEE ON HEALTH; 2 SENATE STANDING COMMITTEE ON INVESTIGATIONS & GOVERNMENT OPERATIONS; 3 ASSEMBLY STANDING COMMITTEE ON HEALTH; ASSEMBLY STANDING COMMITTEE ON OVERSIGHT, ANALYSIS & 4 INVESTIGATION; and ADMINISTRATIVE REGULATIONS REVIEW COMMISSION 5 ---------------------------------------------------- 6 VIRTUAL JOINT PUBLIC HEARING: 7 COVID-19 AND HOSPITALS 8 ---------------------------------------------------- 9 Date: August 12, 2020 Time: 10:00 a.m. 10 11 PRESIDING: 12 SENATOR GUSTAVO RIVERA Chair, Senate Standing Committee on Health 13 SENATOR JAMES SKOUFIS 14 Chair, Senate Standing Committee on Investigations & Government Operations 15 SENATOR SIMCHA FELDER 16 Chair, Administrative Regulations Review Commission 17 ASSEMBLYMEMBER RICHARD N. GOTTFRIED Chair, Assembly Standing Committee on Health 18 ASSEMBLYMEMBER JOHN T. MCDONALD III 19 Chair, Assembly Standing Committee on Oversight, Analysis & Investigation 20 ASSEMBLYMEMBER DAN QUART 21 Chair, Administrative Regulations Review Commission 22 23 24 25 2 1 SENATE MEMBERS PRESENT: 2 Senator George Borrello 3 Senator Pat Gallivan 4 Senator Pamela Helming 5 Senator Brad Hoylman 6 Senator Andrew J. Lanza 7 Senator Betty Little 8 Senator Monica Martinez 9 Senator Jen Metzger 10 Senator Thomas F. O'Mara 11 Senator Patty Ritchie 12 Senator James Tedisco 13 14 ASSEMBLYMEMBERS PRESENT: 15 Assemblymember Tom Abinanti 16 Assemblymember Jake Ashby 17 Assemblymember Charles Barron 18 Assemblymember Edward Braunstein 19 Assemblymember Marianne Buttenschon 20 Assemblymember Kevin Byrne 21 Assemblymember Kevin Cahill 22 Assemblymember Steve Cymbrowitz 23 Assemblymember Nathalia Fernandez 24 Assemblymember Andrew Garbarino 25 Assemblymember Aileen Gunther 3 1 ASSEMBLYMEMBERS PRESENT (continued): 2 Assemblymember Ellen Jaffee 3 Assemblymember Ron Kim 4 Assemblymember Brian Manktelow 5 Assemblymember Missy Miller 6 Assemblymember Steven Otis 7 Assemblymember Linda Rosenthal 8 Assemblymember John Salka 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 1 SPEAKERS: PAGE QUESTIONS 2 Howard Zucker 10 18 3 Commissioner NYS Department of Health 4 Gareth Rhodes 10 18 5 Deputy Superintendent and Special Counsel 6 NYS Department of Financial Services 7 James Malatras 10 18 President 8 Empire State College 9 Carlina Rivera 134 141 Chair, Committee on Hospitals 10 New York City Council 11 Bea Grause 163 173 President 12 Healthcare Association of NYS 13 Kenneth Raske 163 173 President 14 Greater NY Hospital Association 15 Veronica Turner-Biggs 220 236 Downstate Health Systems 16 Senior Executive Vice President 1199 SEIU, United Healthcare 17 Workers East 18 Ardela Moore [ph.] 220 236 1199 SEIU Member, 19 Environmental Service Worker Garnet Health Medical Center 20 David Van de Carr 220 236 21 1199 SEIU Member, Respiratory Therapist 22 Mount Sinai Morningside 23 Judy Sheridan-Gonzalez, RN 220 236 President 24 New York State Nurses Association 25 5 1 SPEAKERS (continued): PAGE QUESTIONS 2 Elisabeth Benjamin 288 309 3 Vice President, Health Initiatives Community Service Society of New York 4 Anthony Feliciano 288 309 5 Director Commission on the Public's Health System 6 Judy Wessler 288 309 7 Resident of New York, New York 8 Lois Uttley 288 309 Women's Health Program Director 9 Community Catalyst, and 10 Coordinator Community Voices for 11 Health System Accountability 12 David Pearlstein, MD 319 341 President and CEO 13 St. Barnabas Hospital 14 Bonnie Litvack, MD 319 341 Medical Society of the 15 State of New York 16 Carole Ann Moleti, DNP, MPH, CNM, 319 341 FNP-BC 17 Certified Nurse-Midwife 18 Patricia Burkhardt, CM, LM, DrPH 319 341 Treasurer 19 New York State Association of Licensed Midwives 20 Ralph Palladino 351 366 21 Second Vice President DC37 AFSCME 22 Debora Hayes 351 366 23 Upstate Area Director for CWA District 1 24 Communication Workers of America 25 6 1 SPEAKERS (continued): PAGE QUESTIONS 2 Fred Kowal 351 366 3 Statewide President United University Professors 4 Catherine Hanssens 378 392 5 Center for HIV Law and Policy 6 Jessica Barlow 378 392 Senior Staff Attorney 7 Disability Rights New York 8 Marcus Harazin 378 392 Coordinator, Patient Advocates Program 9 New York Statewide Senior Action Council 10 Erik Larsen, MD 410 425 Assistant Director of EMS & 11 Emergency Preparedness White Plains Hospital 12 Miao Jenny Hua, MD, Ph.D. 410 425 13 New York, New York 14 Janet Mendez 410 425 Resident of 15 Morningside Heights, New York 16 17 18 19 20 21 22 23 24 25 7 1 SENATOR RIVERA: Good morning everyone. 2 Welcome to the third -- well, it is a first 3 of such hearings, but the third that we are doing on 4 the impact of COVID-19 on different sectors of the 5 health infrastructure of the state of New York. 6 Today we will be focusing on the impact on 7 hospitals. 8 Just would want to get a couple of very quick 9 procedural things out of the way, and we will get 10 right into the testimony. 11 We are joined today by my co-chairs in the 12 Senate Majority: Senator James Skoufis, chair of 13 Investigations, as well as chair of Administrative 14 Regulations Review, Senator Simcha Felder. 15 Also joined from the Majority by 16 Senator Brad Hoylman, Senator Jen Metzger, and 17 Senator Monica Martinez. 18 We're also joined from the Minority, we have 19 Senator Pat Gallivan, the ranker on the health 20 committee; ranker in -- and then we also have 21 Senator Patty Ritchie, Senator Jim Tedisco, 22 Senator Pam Helming, Senator George Borrello, 23 Senator Betty Little, Senator Lanza. 24 And with that, I will pass it off to my 25 Assembly colleague for some procedural matters, and 8 1 we will get right into the questioning. 2 ASSEMBLYMEMBER GOTTFRIED: Okay. You know, 3 before I do the procedural things, could our 4 Co-Chair John McDonald introduce the 5 assemblymembers who are in the hearing? 6 SENATOR RIVERA: And as he is still on mute, 7 I just saw that Senator Tom O'Mara, the ranking 8 member of the Investigations Committee has joined 9 us. 10 Apologies that I missed you, sir. 11 Go ahead, Assemblymember. 12 ASSEMBLYMEMBER MCDONALD: In order of how 13 they appear: 14 Aileen Gunther, Charles Barron, 15 Edward Braunstein, Ellen Jaffee, Jake Ashby, 16 John Salka, Kevin Cahill, Missy Miller, Ron Kim, 17 Steve Cymbrowitz, Tom Abinanti. 18 Obviously, Dan Quart is with us as well. I'm 19 sure he'll be speaking. 20 I see Ranker Brian Manktelow. Kevin Byrne. 21 And I believe that's it for now, but I know 22 more members will be joining us. 23 ASSEMBLYMEMBER GOTTFRIED: Did you read off 24 Ellen Jaffee? 25 ASSEMBLYMEMBER MCDONALD: I did read off 9 1 Ellen Jaffee. 2 ASSEMBLYMEMBER GOTTFRIED: Oh, okay. 3 Okay. Well, thank you. 4 I will just do some quick procedural points. 5 You know, this is going to be a long hearing, 6 and, so, every three hours or so we will take a 7 10-minute break for what the health committee calls 8 "ambulation and toileting." 9 And a safety reminder: Nobody should talk 10 while -- in the hearing while they are driving. 11 We will not be having opening remarks for 12 this hearing, in the interest of time. 13 Witness testimony will be limited to 14 5 minutes each. 15 Question-and-answer time will be limited to 16 5 minutes, per panel, for committee chairs and 17 ranking minority members, and -- committee chairs 18 and ranking members of the sponsoring committees, 19 and 3 minutes each for other committee members. 20 You know, we've had two days, about 21 hours, 21 of hearings on COVID-19 and nursing homes, adult 22 homes, and home care. 23 So, at this hearing, testimony and questions 24 will be limited to the topic of COVID-19 and 25 hospitals. 1 0 1 Committee -- excuse me. 2 Committee members may submit written 3 questions, whether on the long-term-care topic from 4 our previous hearings, or COVID and hospitals today, 5 may submit written questions to us, which we will 6 forward to the appropriate witness, asking that the 7 witness respond in writing within three weeks. 8 And last point is, that each of our 9 witnesses, I will ask them to swear or affirm that 10 the testimony that he or she is about to give is 11 true. 12 And that's it at my end. 13 SENATOR RIVERA: Thank you, Assemblymember. 14 A slight correction, however. 15 We have not done hearings for 21 hours. 16 We have done hearings for about 23 hours. 17 So, just thought I would make that small 18 correction. 19 Moving to our first panel, we are joined by 20 Commissioner Howard Zucker of the New York State 21 Department of Health. 22 He is accompanied by Jim Malatras, president 23 of the Empire State College, and, Gareth Rhodes, 24 deputy superintendent and special counsel for the 25 Department of Financial Services. 1 1 1 ASSEMBLYMEMBER GOTTFRIED: And do each of you 2 swear or affirm that the testimony you are about to 3 give is true? 4 COMM. HOWARD ZUCKER: I affirm. 5 GARETH RHODES: I affirm. 6 JAMES MALATRAS: I affirm. 7 ASSEMBLYMEMBER GOTTFRIED: Okay. Fire away. 8 COMM. HOWARD ZUCKER: Good morning, members 9 of the New York State Senate Committee on Health, 10 Investigations & Government Operations, and 11 Administrative Regulations Review Commission, and 12 Assembly Committee on Health; Oversight, Analysis, 13 and Investigation; and Administrative Regulations 14 Review Commission. 15 Thank you for the opportunity to speak before 16 you today. 17 This morning I want to talk about the central 18 role our hospitals played in this unprecedented 19 emergency.
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