The state health department's assertion that its role in hospital closures is limited to ensuring facilities are shut down in a manner that does not compromise patient safety or record retention—and not whether the facility should be shuttered in the first place—was met with disdain by a Brooklyn judge in a decision that will apparently keep the skeletal Long Island College Hospital in at least partial operation for the time being.

Supreme Court Justice Johnny Baynes rejected the state's argument that NYCRR §401.3(g), under which hospitals seeking to close must provide 90 days notice to the health commissioner and obtain written approval, is nothing more than a notice provision. Baynes suggested it makes no sense for the Department of Health to be involved in hospital closing matters if it has no power to permit or prevent a facility from shutting down.

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