The growing number of New Yorkers lacking health insurance has been a persistent concern of government as well as the public. (309) In contrast, the distribution of health care resources came to the fore more recently. The New York State Commission on Health Care Facilities in the 21st Century, for example, recommended a series of hospital closures and downsizing, based primarily on financial considerations in 2006. (310) As described below, the State has consistently allowed hospitals and clinics to close with little regard for New Yorkers' health care needs. Particularly in New York City, the mismatch between health care resources and health care needs, violates all the elements of the state constitutional right to health care: universality, comprehensiveness, and equity. (311) The State has a clear obligation to address New Yorkers' health care needs more effectively and to ensure that comprehensive, quality health care is available and accessible to all...
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