Assembly Bill A9939A

2013-2014 Legislative Session

Establishes time limits for the consideration of applications for the construction of hospitals

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2013-A9939 - Details

See Senate Version of this Bill:
S7478
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §2802, Pub Health L
Versions Introduced in Other Legislative Sessions:
2015-2016: A2428, S1111, S5907
2017-2018: A1202, S3294

2013-A9939 - Summary

Establishes time limits for the consideration of applications for the construction of hospitals.

2013-A9939 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9939

                          I N  A S S E M B L Y

                              June 2, 2014
                               ___________

Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Russell) --
  read once and referred to the Committee on Health

AN ACT to amend the public health law, in relation to  applications  for
  construction of hospitals

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 2802 of the public health law is amended by  adding
two new subdivisions 8 and 9 to read as follows:
  8.  NOTWITHSTANDING ANY LAW, RULE, OR REGULATION TO THE CONTRARY, THIS
SUBDIVISION SHALL APPLY TO ANY  APPLICATION  FOR  CONSTRUCTION  REQUIRED
UNDER  THIS  SECTION  WITH  THE  EXCEPTION  OF THOSE FEDERALLY QUALIFIED
HEALTH CENTER CAPITAL PROJECTS SUBJECT TO SECTION  TWENTY-EIGHT  HUNDRED
SEVEN-Z OF THIS ARTICLE.
  (A)  THE  DEPARTMENT SHALL HAVE THIRTY DAYS OF RECEIPT OF ANY APPLICA-
TION TO DEEM SUCH APPLICATION COMPLETE. IF THE DEPARTMENT DETERMINES THE
APPLICATION IS INCOMPLETE OR THAT  MORE  INFORMATION  IS  REQUIRED,  THE
DEPARTMENT  SHALL  NOTIFY THE APPLICANT IN WRITING WITHIN THIRTY DAYS OF
THE DATE OF THE APPLICATION'S SUBMISSION, AND THE APPLICANT  SHALL  HAVE
TWENTY  BUSINESS  DAYS  TO  PROVIDE  ADDITIONAL INFORMATION OR OTHERWISE
CORRECT THE DEFICIENCY IN THE APPLICATION.
  (B) FOR AN APPLICATION REQUIRING A LIMITED OR  ADMINISTRATIVE  REVIEW,
WITHIN  NINETY  DAYS OF THE DEPARTMENT DEEMING THE APPLICATION COMPLETE,
THE COMMISSIONER SHALL MAKE A DECISION  TO  APPROVE  OR  DISAPPROVE  THE
APPLICATION.  IF  THE COMMISSIONER DETERMINES TO DISAPPROVE THE APPLICA-
TION, THE BASIS FOR SUCH  DISAPPROVAL  SHALL  BE  PROVIDED  IN  WRITING;
HOWEVER,  DISAPPROVAL  SHALL  NOT  BE BASED ON THE INCOMPLETENESS OF THE
APPLICATION. IF THE COMMISSIONER FAILS TO  TAKE  ACTION  TO  APPROVE  OR
DISAPPROVE  THE  APPLICATION WITHIN NINETY DAYS OF THE APPLICATION BEING
DEEMED COMPLETE, THE APPLICATION SHALL BE DEEMED APPROVED.
  (C) FOR AN APPLICATION REQUIRING  FULL  REVIEW  BY  THE  COUNCIL,  THE
APPLICATION  SHALL  BE  PLACED  ON THE NEXT COUNCIL AGENDA FOLLOWING THE
DEPARTMENT DEEMING THE APPLICATION COMPLETE.
  (D) WHERE THE COMMISSIONER OR DEPARTMENT  REQUIRES  THE  APPLICANT  TO
SUBMIT  INFORMATION TO SATISFY A CONTINGENCY FOR A CONSTRUCTION PROJECT,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

2013-A9939A (ACTIVE) - Details

See Senate Version of this Bill:
S7478
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §2802, Pub Health L
Versions Introduced in Other Legislative Sessions:
2015-2016: A2428, S1111, S5907
2017-2018: A1202, S3294

2013-A9939A (ACTIVE) - Summary

Establishes time limits for the consideration of applications for the construction of hospitals.

2013-A9939A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9939--A

                          I N  A S S E M B L Y

                              June 2, 2014
                               ___________

Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Russell) --
  read once and  referred  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to amend the public health law, in relation to applications for
  construction of hospitals

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 2802 of the public health law is amended by adding
two new subdivisions 8 and 9 to read as follows:
  8. NOTWITHSTANDING ANY LAW, RULE, OR REGULATION TO THE CONTRARY,  THIS
SUBDIVISION  SHALL  APPLY  TO  ANY APPLICATION FOR CONSTRUCTION REQUIRED
UNDER THIS SECTION WITH  THE  EXCEPTION  OF  THOSE  FEDERALLY  QUALIFIED
HEALTH  CENTER  CAPITAL PROJECTS SUBJECT TO SECTION TWENTY-EIGHT HUNDRED
SEVEN-Z OF THIS ARTICLE.
  (A) FOR AN APPLICATION REQUIRING A LIMITED OR  ADMINISTRATIVE  REVIEW,
WITHIN  NINETY  CALENDAR  DAYS OF THE DEPARTMENT DEEMING THE APPLICATION
COMPLETE, THE COMMISSIONER SHALL MAKE A DECISION TO  APPROVE  OR  DISAP-
PROVE  THE APPLICATION. IF THE COMMISSIONER DETERMINES TO DISAPPROVE THE
APPLICATION, THE BASIS FOR SUCH DISAPPROVAL SHALL BE PROVIDED  IN  WRIT-
ING;  HOWEVER,  DISAPPROVAL  SHALL NOT BE BASED ON THE INCOMPLETENESS OF
THE APPLICATION. IF THE COMMISSIONER FAILS TO TAKE ACTION TO APPROVE  OR
DISAPPROVE  THE  APPLICATION WITHIN NINETY CALENDAR DAYS OF THE APPLICA-
TION BEING DEEMED COMPLETE, THE APPLICATION SHALL BE DEEMED APPROVED.
  (B) FOR AN APPLICATION REQUIRING  FULL  REVIEW  BY  THE  COUNCIL,  THE
APPLICATION  SHALL  BE  PLACED  ON THE NEXT COUNCIL AGENDA FOLLOWING THE
DEPARTMENT DEEMING THE APPLICATION COMPLETE.
  (C) WHERE THE COMMISSIONER OR DEPARTMENT  REQUIRES  THE  APPLICANT  TO
SUBMIT  INFORMATION TO SATISFY A CONTINGENCY FOR A CONSTRUCTION PROJECT,
THE COMMISSIONER OR DEPARTMENT SHALL HAVE THIRTY CALENDAR DAYS TO REVIEW
AND APPROVE OR DISAPPROVE THE SUBMITTED INFORMATION. IF THE COMMISSIONER
OR DEPARTMENT DETERMINES THAT THE SUBMITTED INFORMATION  IS  INCOMPLETE,
IT  SHALL  SO  NOTIFY THE APPLICANT IN WRITING AND PROVIDE THE APPLICANT
WITH TEN CALENDAR DAYS TO CORRECT THE DEFICIENCY OR  PROVIDE  ADDITIONAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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