NY State Assembly Bill 2015-A2428A

Assembly Bill A2428A

2015-2016 Legislative Session

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

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to health
Jun 01, 2015	print number 2428a
Jun 01, 2015	amend and recommit to health
Jan 16, 2015	referred to health

Bill Amendments

Original

A (Active)

2015-A2428 - Details

See Senate Version of this Bill:: S5907
Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Amd §2802, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A9939, S7478
2017-2018: A1202, S3294

2015-A2428 - Summary

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

2015-A2428 - Bill Text download pdf

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

                                  2428

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2015
                               ___________

Introduced  by M. of A. RUSSELL -- read once and referred to the Commit-
  tee 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)  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04037-01-5

A. 2428                             2

WITH  TEN  CALENDAR DAYS TO CORRECT THE DEFICIENCY OR PROVIDE ADDITIONAL
INFORMATION. IF THE  COMMISSIONER  OR  DEPARTMENT  DETERMINES  THAT  THE
SUBMITTED  INFORMATION  DOES  NOT SATISFY THE CONTINGENCY, THE BASIS FOR
SUCH  DISAPPROVAL  SHALL  BE  PROVIDED  IN WRITING; HOWEVER, DISAPPROVAL
SHALL NOT BE BASED ON THE  INCOMPLETENESS  OF  THE  APPLICATION.  WITHIN
FIFTEEN  CALENDAR  DAYS  OF  COMPLETE SATISFACTION OF A CONTINGENCY, THE
COMMISSIONER OR DEPARTMENT SHALL TRANSMIT THE FINAL APPROVAL  LETTER  TO
THE APPLICANT.
  (D)  THE  DEPARTMENT  SHALL DEVELOP EXPEDITED PRE-OPENING SURVEY PROC-
ESSES FOR APPLICATIONS APPROVED UNDER THIS SECTION, BUT UNDER NO CIRCUM-
STANCES SHALL PRE-OPENING SURVEY REVIEWS BE SCHEDULED LATER THAN  THIRTY
CALENDAR  DAYS AFTER FINAL APPROVAL, CONSTRUCTION COMPLETION AND NOTIFI-
CATION OF SUCH COMPLETION OF THE DEPARTMENT.
  9. WITH REGARD TO ANY CONSTRUCTION PROJECT REQUIRING SUBMISSION OF  AN
APPLICATION  PURSUANT  TO THIS SECTION WHERE THE COMMISSIONER HAS DETER-
MINED THAT A WRITTEN CERTIFICATION BY AN ARCHITECT OR ENGINEER  LICENSED
PURSUANT TO ARTICLE ONE HUNDRED FORTY-FIVE OR ONE HUNDRED FORTY-SEVEN OF
THE  EDUCATION  LAW THAT THE PROJECT MEETS APPLICABLE REGULATIONS OF THE
DEPARTMENT CAN BE ACCEPTED, THE SUBMISSION  BY  THE  APPLICANT  OF  SUCH
COMPLETE  AND  FULLY  EXECUTED  CERTIFICATION BY CERTIFIED OR REGISTERED
MAIL WITH A RETURN RECEIPT SIGNED BY THE DEPARTMENT SHALL  CONSTITUTE  A
FULFILLMENT  OF  THE  CERTIFICATION REQUIREMENT AND THE DEPARTMENT SHALL
PROCEED WITH THE PROCESSING OF SUCH APPLICATION. NOTHING IN THIS SECTION
SHALL BE CONSTRUED  AS  PROHIBITING  THE  DEPARTMENT  UPON  SURVEY  FROM
REQUIRING  SUBSEQUENT  CORRECTIONS TO THE PROJECT TO MEET THE APPLICABLE
REGULATIONS.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

2015-A2428A (ACTIVE) - Details

See Senate Version of this Bill:: S5907
Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Amd §2802, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A9939, S7478
2017-2018: A1202, S3294

2015-A2428A (ACTIVE) - Summary

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

2015-A2428A (ACTIVE) - Bill Text download pdf

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

                                 2428--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2015
                               ___________

Introduced  by M. of A. RUSSELL -- read once and referred to the Commit-
  tee 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. The opening paragraph of subdivision 1-a of section 2802 of
the public health law, as amended by chapter 174 of the laws of 2011, is
amended to read as follows:
  The following types of construction projects by a hospital  possessing
a  valid operating certificate shall not require prior approval pursuant
to this section, provided that a written notice has  been  submitted  to
the department [together with, where appropriate], THE HOSPITAL OBTAINS,
WHERE APPROPRIATE, AND MAKES AVAILABLE TO THE DEPARTMENT BY REQUEST UPON
SURVEY,  a  written  architect and/or engineering certification that the
project meets the applicable statutes, codes and  regulations  specified
in  the  certification  statement and, where required by the department,
the hospital shall implement a plan to  protect  patient  safety  during
construction:
  S  2.  Section  2802 of the public health law is amended by adding two
new subdivisions 8 and 9 to read as follows:
  8. (A) 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 THE OPPORTUNITY TO CORRECT THE  DEFICIENCY  OR  PROVIDE  ADDITIONAL
INFORMATION.  IF  THE  COMMISSIONER  OR  DEPARTMENT  DETERMINES THAT THE
SUBMITTED INFORMATION DOES NOT SATISFY THE CONTINGENCY,  THE  BASIS  FOR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04037-03-5

A. 2428--A                          2

SUCH  DISAPPROVAL  SHALL  BE  PROVIDED  IN WRITING; HOWEVER, DISAPPROVAL
SHALL NOT BE BASED ON THE  INCOMPLETENESS  OF  THE  APPLICATION.  WITHIN
FIFTEEN  CALENDAR  DAYS  OF  COMPLETE SATISFACTION OF A CONTINGENCY, THE
COMMISSIONER  OR  DEPARTMENT SHALL TRANSMIT THE FINAL APPROVAL LETTER TO
THE APPLICANT.
  (B) THE DEPARTMENT SHALL DEVELOP EXPEDITED  PRE-OPENING  SURVEY  PROC-
ESSES FOR APPLICATIONS APPROVED UNDER THIS SECTION, BUT UNDER NO CIRCUM-
STANCES  SHALL PRE-OPENING SURVEY REVIEWS BE CONDUCTED LATER THAN THIRTY
CALENDAR DAYS AFTER FINAL APPROVAL, CONSTRUCTION COMPLETION AND  NOTIFI-
CATION OF SUCH COMPLETION OF THE DEPARTMENT.
  9.  WITH REGARD TO ANY CONSTRUCTION PROJECT REQUIRING SUBMISSION OF AN
APPLICATION PURSUANT TO THIS SECTION WHERE THE COMMISSIONER  HAS  DETER-
MINED  THAT A WRITTEN CERTIFICATION BY AN ARCHITECT OR ENGINEER LICENSED
PURSUANT TO ARTICLE ONE HUNDRED FORTY-FIVE OR ONE HUNDRED FORTY-SEVEN OF
THE EDUCATION LAW THAT THE PROJECT MEETS APPLICABLE REGULATIONS  OF  THE
DEPARTMENT  CAN  BE  ACCEPTED,  THE  SUBMISSION BY THE APPLICANT OF SUCH
COMPLETE AND FULLY EXECUTED SELF-CERTIFICATION BY  CERTIFIED  OR  REGIS-
TERED  MAIL WITH A RETURN RECEIPT SIGNED BY THE DEPARTMENT SHALL CONSTI-
TUTE A FULFILLMENT OF THE ARCHITECTURAL AND/OR  ENGINEERING  REVIEW  AND
CERTIFICATION  REQUIREMENT  AND  THE  DEPARTMENT  SHALL PROCEED WITH THE
PROCESSING OF  SUCH  APPLICATION.  NOTHING  IN  THIS  SECTION  SHALL  BE
CONSTRUED  AS  PROHIBITING  THE  DEPARTMENT  UPON  SURVEY FROM REQUIRING
SUBSEQUENT CORRECTIONS TO THE  PROJECT  TO  MEET  THE  APPLICABLE  REGU-
LATIONS.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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