2 New York systems hit with cease-and-desist letters

In the last month, two New York health systems have received cease-and-desist letters from the state Department of Health.

Albany, N.Y.-based St. Peter's Health Partners' president and COO, Steven Hanks, MD, received a Dec. 26 letter, obtained by Becker's, from the state's DOH ordering against the closure of beds or services at the system's Troy, N.Y.-based Samaritan Hospital's Burdett Birthing Center without the state's approval.

"Closing beds or services without approval is unlawful and may result in civil penalties of $2,000 per day for each day that the beds or services are closed without approval," the letter said.

The health system had previously delayed closure plans for the hospital's birthing center last October due to community concerns over care access and transportation barriers. 

"Our maternity unit staffing plan for the month of January is complete, and is intended to meet all needs of the unit's expected patient volume," a spokesperson for St. Peter's Health told Becker's. "We want to re-emphasize that Samaritan Hospital has not closed beds or reduced services on its maternity unit."

St. Peter's Health has now submitted its closure plan, which is under the department's review. 

However, the directive of the letter remains in effect, as the department has not fully reviewed or approved the plan, the state's DOH said in a statement shared with Becker's

New York City-based Mount Sinai Beth Israel was also ordered by the state DOH to "cease and desist" closure of its beds and services without the department's approval in a Dec. 21 letter to the hospital's president and CEO.

A fine of $2,000 per day and a right to seek a court order were mentioned in the letter should the hospital close its beds or services. 

"The department was recently informed by local officials that Beth Israel was ending services without authorization from the state department of health," Erin Clary, a spokesperson for the department, said in a Dec. 21 statement shared with Becker's

Ms. Clary said the department expects a written confirmation from the hospital that the closures would end. 

"We have received the letter and are reviewing it. As we have always said, the health and safety of our patients are — and must remain — our top priorities," Loren Riegelhaupt, a hospital spokesperson, shared with Becker's in a statement.

New York City-based Mount Sinai Health System initially announced plans to close its Beth Israel campus in early 2023. The hospital's closure plan was submitted for the state DOH's review and approval in October. The hospital submitted an addendum to the plan in November to close quicker due to patient utilization decreases and staff resignations due to the planned closure.

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