The Berger Law Mandates

Health care in Schenectady County became a focal point of state reform efforts with the release, in November 2006, of the state Commission on Health Care Facilities in the 21st Century’s report. The report sets forth ways to stabilize and restructure acute and nursing home care in New York State. The so-called Berger report became law in January 2007 with the following mandates for Schenectady’s hospitals:

Bellevue Woman’s Hospital be closed and its services “be added to another hospital in Schenectady County;”
Ellis Hospital and St. Clare’s Hospital be joined under “a single unified governance structure” and downsize from 568 beds to between 300 and 400 beds.



	“Ellis, St. Clare’s, and Bellevue Hospitals each have time-honored traditions of serving this community with outstanding health care, and all three organizations possess unique strengths and talents. Our Hospitals, along with our medical staffs, the community, our elected leaders, the government and private foundations, will need to bring unprecedented unity and resources to the table, in order to bring the tasks before us to successful completion.” James W. Connolly, president & ceo of ellis hospital

The Hospitals React

Ellis and St. Clare’s Hospitals accepted their mandate to join together and quickly began the lengthy, challenging and costly process of determining how to best achieve unification.
Bellevue Woman’s Hospital challenged the Berger mandate, arguing that the state’s panel did not have an accurate financial picture of the 40-bed specialty hospital and the unique place it holds in the community.

The Cost of Change

The Berger law mandates for Schenectady’s hospitals require significant financial support from the state Department of Health (DOH). This fall, the DOH granted Bellevue $22 million in funding to assist with the hospital’s financial obligations in closing. Additionally, the DOH granted Ellis nearly $6 million for short-term costs associated with the transition of Bellevue services.

Ellis and St. Clare’s have requested state and federal funding to support one of two proposed plans for complying with their mandate to unify:

the construction of an entirely new hospital for Schenectady; or
the realignment of services between the Ellis and St. Clare’s campuses in order to achieve efficiencies, reduce duplication and enhance cost-effectiveness.

Under the two campus rationalization of services plan, acute care would be centralized on the Ellis campus given the hospital’s established heart and stroke programs and state-of-the-art intensive care unit; while more independent services, such as mental health and long term care, would be located on the St. Clare’s campus. This alternative would include the construction of a new tower and parking garage on the Ellis campus. The new facility would include a new Women and Children’s Center with a neonatal intensive care unit (upon completion of the facility, maternity and women’s services at Bellevue and St. Clare’s would be transferred to Ellis).

Financial viability of the hospitals and state funding will determine in which direction the hospitals proceed.

Jim Connolly President of Ellis Hospital

“ "Securing appropriate levels of government funding needs to be ironed out before final agreements can be reached. "
D. Joseph Gersuk, chairman Ellis Hospital Board of Trustees

Women's Services

Under an agreement recommended and brokered by the NYS Department of Health, Ellis Hospital agreed to begin providing services previously offered by Bellevue on November 1, 2007.
“When patients walk into Bellevue come November, they will receive the same great care from the same dedicated staff in the same comfortable setting,” explained Ellis President & CEO James W. Connolly.

In terms of access to women’s services, Ellis Hospital is committed to the need to offer a full range of women’s health care in our community. “In fulfilling the Berger mandates, we will ensure uninterrupted access to women’s health services, including abortion,” added Mr. Connolly.

Community Input

The hospitals will continue to collaborate with the numerous constituencies they represent as they work to design the framework for the future health care system serving the greater Schenectady region. Ultimately, the hospitals will meld the public input and service suggestions received with the physical facility alternatives and available financial resources to produce a final plan for complying with the Berger law mandates.

Long Term Care

In addition to the mandates made of Schenectady’s hospitals, the Berger law also impacts long term care in Schenectady County. As part of the nursing home mandates, Glendale Nursing Home, which is operated by Schenectady County, must be downsized.

Schenectady County will not only require an investment of state funding for this purpose, but has requested that the state limit the scope of the Glendale bed reduction to 240 beds rather than the 168 beds mandated by the Berger law.

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