Assembly Bill A10640

2009-2010 Legislative Session

Relates to the approval of hospital construction by the state hospital review and planning council

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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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 15, 2010	print number 10640a
Jun 15, 2010	amend and recommit to health
Apr 13, 2010	referred to health

Bill Amendments

Original

A (Active)

co-Sponsors

2009-A10640 - Details

Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Amd §2802, Pub Health L

2009-A10640 - Summary

Relates to the approval of hospital construction by the state hospital review and planning council.

2009-A10640 - Sponsor Memo

                                BILL NUMBER:A10640

TITLE  OF  BILL:   An act to amend the public health law, in relation to
approval of hospital construction

PURPOSE:  To ensure the state's Certificate of Need (CON) processes  are
updated  and  streamlined to promote access to high quality, cost-effec-
tive health care services

SUMMARY OF PROVISIONS:  Section 1 of the bill would  amend  the  opening
paragraph  and  subdivision  1  of section 2802 of the public health law
related to approval of hospital construction (i.e., CONs),

The opening paragraph would be amended to require the adoption of  regu-
lations  by  the  State Hospital Review and Planning Council (SHRPC), as
approved by the Commissioner of Health, to govern the  approval  process
for hospital projects, subject to the provisions of section 2802.

Subdivision  one  of  section  2802  would be amended to specify certain
types of projects  that  would  not  require  approval.  These  projects
include  routine  repair or maintenance, including routine purchases and
acquisition of minor equipment, as long as the total project  cost  does
not exceed $10 million; one for one equipment replacements regardless of
costs;  non-clinical infrastructure proposals regardless of cost includ-
ing, but not limited to, replacement of HVAC, and  correction  of  cited
deficiencies;  and  health  information technology projects. While these

projects would not require approval, notice of a project would  have  to
be  provided to the Commissioner and, where appropriate, written certif-
ication statements that the project complies with  applicable  statutes,
codes and regulations.

Section  2  of the bill would amend subdivision 2 of section 2802 of the
public health law to specify which types of  projects  would  require  a
review by SHRPC prior to the Commissioner's approval, For the most part,
this  provision  merely  codifies what is currently in regulation except
the dollar threshold for review would be changed to  a  minimum  of  $25
million. In addition, this subdivision is amended to provide time frames
for when review of proposals must be completed, or the project is deemed
approved.  The  time frame would be sixty days unless the project has to
be reviewed by the SHRPC, in which case the  time  frame  would  be  one
hundred and twenty days.

Section 3 of the bill would amend subdivision 2-b of section 2802 of the
public  health  law  to provide that regulations may be adopted to raise
the dollar thresholds for  review  (i.e.,  the  $  10  million  and  $25
million),  Subdivision 2-c would also be amended to state that pre-open-
ing certifications or  surveys  would  not  be  required  and  would  be
replaced  with  appropriate  certification  statements of compliance. In
addition, the DOH would assess compliance during DOH's  next  survey  of
the hospital.

Section 4 would amend subdivision 4 of section 2802 of the public health
law to reflect changes made to other sections of 2802.

Section  5  of  the bill would make the bill effective 180 days after it
becomes law.

EXISTING LAW:   Current law  requires  that  all  construction  projects
receive  the  approval of the Commissioner. The current dollar threshold
for review (in  regulations)  is  $3  million.  DOH  recently  issued  a
proposal to raise the amount to $6 million; this proposal would raise it
to $10 million.

Current  law  does not specify which projects must be reviewed by SHRPC.
The current dollar threshold set in  regulations  is  $10  million.  DOH
recently issued a proposal to raise the threshold amount to $15 million;
this proposal would raise it to $25 million.

Currently,  DOH  is  not required to act on certificate of need applica-
tions within any specific time frames.

Current law does not address the issue of pre-opening certifications  or
surveys; however, it is the practice of the DOH to perform these certif-
ications and surveys.

JUSTIFICATION:  The CON process can be an effective health planning tool
to  ensure a fair and cost-effective distribution of quality health care
resources across New York. Unfortunately, the process is overburdened by
unnecessary process steps that could  be  eliminated  without  impacting
patient safety or placing undue stresses on the state's finances.

As  state staffing levels decrease, it is imperative to focus reviewers'
energies on high-cost,   complex projects  that  could  benefit  from  a
thorough state analysis and public debate. More routine projects that do
not  involve new services or the addition of capacity should not have to
undergo the same level of scrutiny.

Lack of timeliness in the  current  review  process  hampers  providers'
ability to adjust services to respond to market changes, patient prefer-
ences,  new  technologies,  and  evolving  modes of care. Project delays
often lead to increased project costs (e.g. labor, construction  materi-
als),  a  portion  of  which  is directly borne by the state through the
Medicaid capital reimbursement structure.

This proposal would affect projects that are almost always approved, but
are subject to unnecessary delays. Sometimes these projects are mandated
by DOH as a result of deficiencies identified during a state or  federal
survey.  However,  the  current  review process often prevents hospitals
from meeting federal compliance deadlines and improving  conditions  for
patients as quickly as possible.

Federal  stimulus  funds  geared toward investing millions of dollars to
create an interoperable electronic health record  for  all  New  Yorkers

could  be  jeopardized  by  undue  delays in reviewing new proposals for
hospital health information technology upgrades.

This  proposal  would  provide  for  modest  efficiencies in the current
review process and would allow DOH to  focus  its  efforts  and  limited
resources  on  those  more  consequential  projects  that  appropriately
require more attention.

LEGISLATIVE HISTORY: None

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:   This act shall take effect  on  the  one  hundred  and
eightieth clay after it shall become law.

2009-A10640 - Bill Text download pdf

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

                                  10640

                          I N  A S S E M B L Y

                             April 13, 2010
                               ___________

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 approval of hospi-
  tal construction

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

  Section  1. The opening paragraph and subdivision 1 of section 2802 of
the public health law, the opening paragraph as added by chapter 795  of
the laws of 1965 and subdivision 1 as amended by chapter 470 of the laws
of 1976, are amended to read as follows:
  The APPROVAL OF construction of a hospital, whether public or private,
incorporated  or  not incorporated, shall [require the prior approval of
the commissioner.] BE IN ACCORDANCE  WITH  REGULATIONS  ADOPTED  BY  THE
COUNCIL AND APPROVED BY THE COMMISSIONER, SUBJECT TO THE FOLLOWING.
  1.  [An  application  for  such  construction  shall be filed with the
department, together with such other forms and information as  shall  be
prescribed  by, or acceptable to, the department. Thereafter the depart-
ment shall forward a copy of the application and accompanying  documents
to the state hospital review and planning council and the health systems
agency  having  geographical jurisdiction of the area where the hospital
is located] THE FOLLOWING TYPES OF PROJECTS BY A HOSPITAL  POSSESSING  A
VALID OPERATING CERTIFICATE SHALL NOT REQUIRE APPROVAL FOR:
  (A)   ANY  PROPOSAL  FOR  REPAIR  OR  MAINTENANCE,  INCLUDING  ROUTINE
PURCHASES AND THE ACQUISITION  OF  MINOR  EQUIPMENT  UNDERTAKEN  IN  THE
COURSE  OF A MEDICAL FACILITY'S INVENTORY CONTROL FUNCTIONS IF THE TOTAL
PROJECT COST DOES NOT EXCEED, AT A  MINIMUM,  TEN  MILLION  DOLLARS  AND
FURTHER  PROVIDED  THAT SUCH PROPOSAL WILL NOT RESULT IN INCREASED COSTS
OR EXPENSES OTHER THAN  FOR  LEASE  COSTS,  AMORTIZATION,  DEPRECIATION,
INTEREST, OR RETURN OF OR ON EQUITY;
  (B)  ONE  FOR  ONE EQUIPMENT REPLACEMENTS REGARDLESS OF COST, PROVIDED
THAT A WRITTEN NOTICE HAS BEEN SUBMITTED TO THE  DEPARTMENT  ACCOMPANIED
TOGETHER  WITH,  WHERE  APPROPRIATE,  A  WRITTEN  CERTIFICATION THAT THE
PROJECT MEETS THE APPLICABLE STATUTES, CODES AND  REGULATIONS  SPECIFIED
IN THE CERTIFICATION STATEMENT;

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

                                                           LBD16561-01-0

A. 10640                            2

  (C)  NON-CLINICAL  INFRASTRUCTURE PROPOSALS REGARDLESS OF COST INCLUD-
ING, BUT NOT LIMITED TO, REPLACEMENT OF  HEATING,  VENTILATING  AND  AIR
CONDITIONING  SYSTEMS,  ROOFS, FIRE ALARM AND CALL BELL SYSTEMS, PARKING
LOTS, AND ELEVATORS; AND CORRECTION OF CITED DEFICIENCIES, PROVIDED THAT
A  WRITTEN  NOTICE  HAS  BEEN SUBMITTED TO THE DEPARTMENT TOGETHER WITH,
WHERE APPROPRIATE, A WRITTEN CERTIFICATION THAT THE  PROJECT  MEETS  THE
APPLICABLE  STATUTES,  CODES  AND  REGULATIONS  SPECIFIED IN THE CERTIF-
ICATION STATEMENT;
  (D) HEALTH INFORMATION TECHNOLOGY PROJECTS REGARDLESS OF COST; AND
  (E) OTHER PROJECTS AS SPECIFIC IN REGULATIONS ADOPTED BY  THE  COUNCIL
AND APPROVED BY THE COMMISSIONER.
  S  2.  Subdivision  2  of  section  2802  of the public health law, as
amended by chapter 609 of the laws  of  1982,  is  amended  to  read  as
follows:
  2.   The   commissioner  shall  [not]  act  upon  an  application  for
construction of a hospital [until the state hospital review and planning
council and the health systems agency have  had  a  reasonable  time  to
submit  their recommendations, and unless] WITHOUT THE RECOMMENDATION OF
THE STATE HOSPITAL REVIEW AND PLANNING COUNCIL AND  THE  HEALTH  SYSTEMS
AGENCY  UNLESS  THE  APPLICATION  INVOLVES: THE ADDITION OF BEDS, OR THE
CONVERSION OF BEDS TO A LEVEL OF CARE FOR WHICH A  GENERAL  HOSPITAL  IS
NOT  ALREADY  A CERTIFIED PROVIDER, REGARDLESS OF COST; ANY PROPOSAL FOR
THE ADDITION, MODIFICATION OR  CHANGE  IN  THE  METHOD  OF  DELIVERY  OF
SPECIALIZED  SERVICES PURSUANT TO REGULATIONS ADOPTED BY THE COUNCIL AND
APPROVED BY THE COMMISSIONER; OR A CLINICAL PROJECT WHERE TOTAL  PROJECT
COSTS EXCEED, AT A MINIMUM, TWENTY-FIVE MILLION DOLLARS. THE COMMISSION-
ER  SHALL  NOT  ACT  UPON  AN APPLICATION FOR CONSTRUCTION OF A HOSPITAL
UNLESS (a)  the  applicant  has  obtained  all  approvals  and  consents
required  by  law  for its incorporation or establishment (including the
approval of the public health council pursuant to the provisions of this
article) [provided, however, that  the  commissioner  may  act  upon  an
application  for construction by an applicant possessing a valid operat-
ing certificate when the application qualifies for  review  without  the
recommendation  of  the  council  pursuant to regulations adopted by the
council and approved by the commissioner]; and (b) the  commissioner  is
satisfied  as  to  the public need for the construction, at the time and
place and under the circumstances proposed, provided  however  that,  in
the  case  of an application by a hospital established or operated by an
organization defined in subdivision one of section [four hundred  eight-
y-two-a  of the social services] ONE HUNDRED SEVENTY-TWO-A OF THE EXECU-
TIVE law, the  needs  of  the  members  of  the  religious  denomination
concerned,  for  care or treatment in accordance with their religious or
ethical convictions, shall be deemed to be public need.  AN  APPLICATION
FOR  CONSTRUCTION SHALL BE FILED WITH THE DEPARTMENT, TOGETHER WITH SUCH
OTHER FORMS AND INFORMATION AS SHALL BE PRESCRIBED BY, OR ACCEPTABLE TO,
THE DEPARTMENT. THE DEPARTMENT SHALL MAKE  A  DETERMINATION  IN  WRITING
WITHIN THIRTY DAYS OF RECEIPT OF AN APPLICATION AS TO WHETHER THE APPLI-
CATION  IS  COMPLETE.  IF AN APPLICATION IS DETERMINED TO BE INCOMPLETE,
THE DEPARTMENT SHALL SPECIFY THE REASONS.  ONCE  THE  APPLICANT  SUBMITS
ADDITIONAL  INFORMATION,  THE  DEPARTMENT  SHALL MAKE A DETERMINATION IN
WRITING WITHIN THIRTY DAYS OF RECEIPT OF THAT INFORMATION AS TO  WHETHER
THE  APPLICATION  IS  THEN  COMPLETE. THE COMMISSIONER SHALL ACT UPON AN
APPLICATION FOR CONSTRUCTION OF A HOSPITAL WITHIN SIXTY DAYS OF  RECEIPT
BY  THE  DEPARTMENT OF A COMPLETE APPLICATION, OR SUCH APPLICATION SHALL
BE DEEMED APPROVED; PROVIDED HOWEVER, IF SUCH APPLICATION  REQUIRES  THE
RECOMMENDATION  OF THE COUNCIL, THE APPLICATION SHALL BE ACTED ON WITHIN

A. 10640                            3

ONE HUNDRED TWENTY DAYS OF RECEIPT  BY  THE  DEPARTMENT  OF  A  COMPLETE
APPLICATION,  OR  SUCH  APPLICATION SHALL BE DEEMED APPROVED. A COMPLETE
APPLICATION MAY BE DENIED ONLY ON THE BASIS OF THE CRITERIA SET FORTH IN
THIS  SUBDIVISION.  IF  AN APPLICATION IS DENIED, THE APPLICANT SHALL BE
NOTIFIED IN WRITING AND ADVISED OF THE SPECIFIC BASIS FOR THE ACTION AND
THE LEGAL AUTHORITY THEREFOR.
  S 3. Subdivision 2-b of section 2802 of  the  public  health  law,  as
added  by chapter 731 of the laws of 1993, is amended and a new subdivi-
sion 2-c is added to read as follows:
  2-b. [Beginning on January first, nineteen  hundred  ninety-four,  and
each  year  thereafter,  a complete application received between January
first and June thirtieth of each year shall be reviewed by the appropri-
ate health systems agency and the department and presented to the  state
hospital review and planning council for its consideration prior to June
thirtieth  of  the  following  year  and a complete application received
between July first and December  thirty-first  of  each  year  shall  be
reviewed by the appropriate health systems agency and the department and
presented  to the state hospital review and planning council for consid-
eration prior to December thirty-first  of  the  following  year]  REGU-
LATIONS  ADOPTED  BY  THE  COUNCIL  AND  APPROVED BY THE COMMISSIONER IN
ACCORDANCE WITH THIS SUBDIVISION MAY PROVIDE FOR HIGHER  MINIMUM  DOLLAR
THRESHOLDS  THAN  PROVIDED  FOR  IN PARAGRAPH (A) OF SUBDIVISION ONE AND
SUBDIVISION TWO OF THIS SECTION AND SHALL, WITH REGARD TO  ONE  FOR  ONE
EQUIPMENT  REPLACEMENTS  PURSUANT TO PARAGRAPH (B) OF SUBDIVISION ONE OF
THIS SECTION, REQUIRE THAT SUCH REPLACEMENTS INCLUDE  REPLACEMENT  OF  A
PIECE  OF  EQUIPMENT  WITH  ANOTHER  PIECE OF EQUIPMENT USED FOR SIMILAR
PURPOSES BUT EMPLOYING ADVANCED TECHNOLOGY.
  2-C. THE COMMISSIONER SHALL  NOT  REQUIRE  PRE-OPENING  CERTIFICATIONS
AND/OR  SURVEYS  FOR  CONSTRUCTION  PROJECTS APPROVED IN ACCORDANCE WITH
THIS SUBDIVISION AS LONG  AS  APPROPRIATE  CERTIFICATION  STATEMENTS  OF
COMPLIANCE  ARE SUBMITTED TO THE DEPARTMENT. THE DEPARTMENT SHALL ASSESS
COMPLIANCE DURING THE DEPARTMENT'S NEXT SURVEY OF THE  HOSPITAL.  IF  AT
THAT  TIME  A  PROJECT  IS FOUND TO BE NON-COMPLIANT, THE HOSPITAL SHALL
HAVE A REASONABLE AMOUNT OF TIME TO BRING THE  PROJECT  INTO  COMPLIANCE
AND  THE  HOSPITAL SHALL NOT BE PENALIZED FOR SUCH NON-COMPLIANCE IF THE
HOSPITAL'S CERTIFICATION STATEMENT WAS MADE IN GOOD FAITH.
  S 4. Subdivision 4 of section 2802 of the public health law, as  added
by chapter 795 of the laws of 1965, is amended to read as follows:
  4. No government agency shall construct any hospital without [securing
the written approval of the commissioner in accordance with the] MEETING
THE  applicable  requirements  and  procedures of the preceding subdivi-
sions.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

co-Sponsors

2009-A10640A (ACTIVE) - Details

Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Amd §2802, Pub Health L

2009-A10640A (ACTIVE) - Summary

Relates to the approval of hospital construction by the state hospital review and planning council.

2009-A10640A (ACTIVE) - Bill Text download pdf

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

                                10640--A

                          I N  A S S E M B L Y

                             April 13, 2010
                               ___________

Introduced  by  M. of A. RUSSELL, SCHROEDER -- 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 approval of hospi-
  tal construction

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

  Section  1. The opening paragraph and subdivision 1 of section 2802 of
the public health law, the opening paragraph as added by chapter 795  of
the laws of 1965 and subdivision 1 as amended by chapter 470 of the laws
of 1976, are amended to read as follows:
  The APPROVAL OF construction of a hospital, whether public or private,
incorporated  or  not incorporated, shall [require the prior approval of
the commissioner] BE IN ACCORDANCE WITH REGULATIONS ADOPTED BY THE COUN-
CIL AND APPROVED BY THE COMMISSIONER, SUBJECT TO THE FOLLOWING.
  1. [An application for such  construction  shall  be  filed  with  the
department,  together  with such other forms and information as shall be
prescribed by, or acceptable to, the department. Thereafter the  depart-
ment  shall forward a copy of the application and accompanying documents
to the state hospital review and planning council and the health systems
agency having geographical jurisdiction of the area where  the  hospital
is  located]  THE FOLLOWING TYPES OF PROJECTS BY A HOSPITAL POSSESSING A
VALID OPERATING CERTIFICATE SHALL NOT REQUIRE APPROVAL FOR:
  (A)  ANY  PROPOSAL  FOR  REPAIR  OR  MAINTENANCE,  INCLUDING   ROUTINE
PURCHASES  AND  THE  ACQUISITION  OF  MINOR  EQUIPMENT UNDERTAKEN IN THE
COURSE OF A MEDICAL FACILITY'S INVENTORY CONTROL FUNCTIONS IF THE  TOTAL
PROJECT  COST  DOES  NOT  EXCEED,  AT A MINIMUM, TEN MILLION DOLLARS AND
FURTHER PROVIDED THAT SUCH PROPOSAL WILL NOT RESULT IN  INCREASED  COSTS
OR  EXPENSES  OTHER  THAN  FOR  LEASE COSTS, AMORTIZATION, DEPRECIATION,
INTEREST, OR RETURN OF OR ON EQUITY;
  (B) ONE FOR ONE EQUIPMENT REPLACEMENTS REGARDLESS  OF  COST,  PROVIDED
THAT  A  WRITTEN NOTICE HAS BEEN SUBMITTED TO THE DEPARTMENT ACCOMPANIED
TOGETHER WITH, WHERE  APPROPRIATE,  A  WRITTEN  CERTIFICATION  THAT  THE
PROJECT  MEETS  THE APPLICABLE STATUTES, CODES AND REGULATIONS SPECIFIED
IN THE CERTIFICATION STATEMENT;
  (C) NON-CLINICAL INFRASTRUCTURE PROPOSALS REGARDLESS OF  COST  INCLUD-
ING,  BUT  NOT  LIMITED  TO, REPLACEMENT OF HEATING, VENTILATING AND AIR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16561-07-0

A. 10640--A                         2

CONDITIONING SYSTEMS, ROOFS, FIRE ALARM AND CALL BELL  SYSTEMS,  PARKING
LOTS, AND ELEVATORS; AND CORRECTION OF CITED DEFICIENCIES, PROVIDED THAT
A  WRITTEN  NOTICE  HAS  BEEN SUBMITTED TO THE DEPARTMENT TOGETHER WITH,
WHERE  APPROPRIATE,  A  WRITTEN CERTIFICATION THAT THE PROJECT MEETS THE
APPLICABLE STATUTES, CODES AND  REGULATIONS  SPECIFIED  IN  THE  CERTIF-
ICATION STATEMENT;
  (D) HEALTH INFORMATION TECHNOLOGY PROJECTS REGARDLESS OF COST; AND
  (E)  OTHER PROJECTS AS SPECIFIED IN REGULATIONS ADOPTED BY THE COUNCIL
AND APPROVED BY THE COMMISSIONER.
  S 2. Subdivision 2 of section  2802  of  the  public  health  law,  as
amended  by  chapter  609  of  the  laws  of 1982, is amended to read as
follows:
  2.  The  commissioner  shall  [not]  act  upon  an   application   for
construction of a hospital [until the state hospital review and planning
council  and  the  health  systems  agency have had a reasonable time to
submit their recommendations, and unless] WITHOUT THE RECOMMENDATION  OF
THE  STATE  HOSPITAL  REVIEW AND PLANNING COUNCIL AND THE HEALTH SYSTEMS
AGENCY UNLESS THE APPLICATION INVOLVES: THE ADDITION  OF  BEDS,  OR  THE
CONVERSION  OF  BEDS  TO A LEVEL OF CARE FOR WHICH A GENERAL HOSPITAL IS
NOT ALREADY A CERTIFIED PROVIDER, REGARDLESS OF COST; ANY  PROPOSAL  FOR
THE  ADDITION,  MODIFICATION  OR  CHANGE  IN  THE  METHOD OF DELIVERY OF
SPECIALIZED SERVICES OR FOR THE MODIFICATION OR CHANGE IN  THE  DELIVERY
OF  MATERNITY  SERVICES,  PURSUANT TO REGULATIONS ADOPTED BY THE COUNCIL
AND APPROVED BY THE COMMISSIONER; OR  A  CLINICAL  PROJECT  WHERE  TOTAL
PROJECT  COSTS  EXCEED,  AT  A MINIMUM, TWENTY-FIVE MILLION DOLLARS. THE
COMMISSIONER SHALL NOT ACT UPON AN APPLICATION  FOR  CONSTRUCTION  OF  A
HOSPITAL  UNLESS  [(a)]  the  applicant  has  obtained all approvals and
consents required by law for its incorporation or establishment (includ-
ing the approval of the public health council pursuant to the provisions
of this article) [provided, however, that the commissioner may act  upon
an application for construction by an applicant possessing a valid oper-
ating  certificate when the application qualifies for review without the
recommendation of the council pursuant to  regulations  adopted  by  the
council  and  approved  by the commissioner; and (b) the commissioner is
satisfied as to the public need for the construction, at  the  time  and
place  and  under  the circumstances proposed, provided however that, in
the case of an application by a hospital established or operated  by  an
organization  defined in subdivision one of section four hundred eighty-
two-a of the social services law, the needs of the members of the  reli-
gious  denomination  concerned, for care or treatment in accordance with
their religious or ethical convictions, shall be  deemed  to  be  public
need].   AN APPLICATION FOR CONSTRUCTION SHALL BE FILED WITH THE DEPART-
MENT, TOGETHER WITH  SUCH  OTHER  FORMS  AND  INFORMATION  AS  SHALL  BE
PRESCRIBED  BY,  OR  ACCEPTABLE TO, THE DEPARTMENT. THE DEPARTMENT SHALL
MAKE A DETERMINATION IN WRITING WITHIN THIRTY  DAYS  OF  RECEIPT  OF  AN
APPLICATION AS TO WHETHER THE APPLICATION IS COMPLETE. IF AN APPLICATION
IS  DETERMINED  TO  BE  INCOMPLETE,  THE  DEPARTMENT  SHALL  SPECIFY THE
REASONS. ONCE THE APPLICANT SUBMITS ADDITIONAL INFORMATION, THE  DEPART-
MENT  SHALL MAKE A DETERMINATION IN WRITING WITHIN SIXTY DAYS OF RECEIPT
OF THAT INFORMATION AS TO WHETHER THE APPLICATION IS THEN COMPLETE.  THE
COMMISSIONER  SHALL ACT UPON AN APPLICATION FOR CONSTRUCTION OF A HOSPI-
TAL WITHIN NINETY DAYS OF RECEIPT BY THE DEPARTMENT OF A COMPLETE APPLI-
CATION OR SUCH APPLICATION SHALL BE DEEMED APPROVED;  PROVIDED  HOWEVER,
IF  SUCH  APPLICATION  REQUIRES  THE  RECOMMENDATION OF THE COUNCIL, THE
APPLICATION SHALL BE ACTED ON WITHIN ONE HUNDRED FIFTY DAYS  OF  RECEIPT
BY THE DEPARTMENT OF A COMPLETE APPLICATION OR SUCH APPLICATION SHALL BE

A. 10640--A                         3

DEEMED  APPROVED.   THE DEPARTMENT MAY EXTEND THE REVIEW PERIOD UP TO AN
ADDITIONAL THIRTY DAYS FOR GOOD CAUSE AS DEFINED IN REGULATIONS  ADOPTED
BY  THE  COUNCIL AND APPROVED BY THE COMMISSIONER. A REVIEW SCHEDULE MAY
BE EXTENDED BEYOND THESE TIME FRAMES ONLY WITH THE CONSENT OF THE APPLI-
CANT AND THE DEPARTMENT. AN APPLICATION SHALL NOT BE APPROVED UNLESS THE
COMMISSIONER IS SATISFIED AS TO THE PUBLIC NEED FOR THE CONSTRUCTION, AT
THE TIME AND PLACE AND UNDER THE CIRCUMSTANCES PROPOSED, PROVIDED HOWEV-
ER  THAT,  IN  THE  CASE  OF AN APPLICATION BY A HOSPITAL ESTABLISHED OR
OPERATED BY AN ORGANIZATION DEFINED IN SUBDIVISION ONE  OF  SECTION  ONE
HUNDRED  SEVENTY-TWO-A OF THE EXECUTIVE LAW, THE NEEDS OF THE MEMBERS OF
THE RELIGIOUS DENOMINATION CONCERNED, FOR CARE OR TREATMENT  IN  ACCORD-
ANCE  WITH THEIR RELIGIOUS OR ETHICAL CONVICTIONS, SHALL BE DEEMED TO BE
PUBLIC NEED. A COMPLETE APPLICATION MAY BE DENIED ONLY ON THE  BASIS  OF
THE  CRITERIA  SET FORTH IN THIS SUBDIVISION AND REGULATIONS THERETO. IF
AN APPLICATION IS DENIED, THE APPLICANT SHALL BE NOTIFIED IN WRITING AND
ADVISED OF THE BASIS FOR THE ACTION.
  S 3. Subdivision 2-b of section 2802 of  the  public  health  law,  as
added  by chapter 731 of the laws of 1993, is amended and a new subdivi-
sion 2-c is added to read as follows:
  2-b. [Beginning on January first, nineteen  hundred  ninety-four,  and
each  year  thereafter,  a complete application received between January
first and June thirtieth of each year shall be reviewed by the appropri-
ate health systems agency and the department and presented to the  state
hospital review and planning council for its consideration prior to June
thirtieth  of  the  following  year  and a complete application received
between July first and December  thirty-first  of  each  year  shall  be
reviewed by the appropriate health systems agency and the department and
presented  to the state hospital review and planning council for consid-
eration prior to December thirty-first  of  the  following  year]  REGU-
LATIONS  ADOPTED  BY  THE  COUNCIL  AND  APPROVED BY THE COMMISSIONER IN
ACCORDANCE WITH THIS SUBDIVISION MAY PROVIDE FOR HIGHER  MINIMUM  DOLLAR
THRESHOLDS  THAN  PROVIDED  FOR  IN PARAGRAPH (A) OF SUBDIVISION ONE AND
SUBDIVISION TWO OF THIS SECTION AND SHALL, WITH REGARD TO  ONE  FOR  ONE
EQUIPMENT  REPLACEMENTS  PURSUANT TO PARAGRAPH (B) OF SUBDIVISION ONE OF
THIS SECTION, SPECIFY THAT SUCH REPLACEMENTS INCLUDE  REPLACEMENT  OF  A
PIECE OF EQUIPMENT WITH ANOTHER PIECE OF EQUIPMENT USED FOR SUBSTANTIAL-
LY SIMILAR PURPOSES BUT EMPLOYING ADVANCED TECHNOLOGY.
  2-C.  THE  COMMISSIONER  SHALL  NOT REQUIRE PRE-OPENING CERTIFICATIONS
AND/OR SURVEYS FOR CONSTRUCTION PROJECTS  APPROVED  IN  ACCORDANCE  WITH
THIS  SUBDIVISION  AS  LONG  AS  APPROPRIATE CERTIFICATION STATEMENTS OF
COMPLIANCE ARE SUBMITTED TO THE DEPARTMENT. THE DEPARTMENT SHALL  ASSESS
COMPLIANCE  DURING  THE  DEPARTMENT'S NEXT SURVEY OF THE HOSPITAL. IF AT
THAT TIME A PROJECT IS FOUND TO BE  NON-COMPLIANT,  THE  HOSPITAL  SHALL
HAVE  A  REASONABLE  AMOUNT OF TIME TO BRING THE PROJECT INTO COMPLIANCE
AND THE HOSPITAL SHALL NOT BE PENALIZED FOR SUCH NON-COMPLIANCE  IF  THE
HOSPITAL'S CERTIFICATION STATEMENT WAS MADE IN GOOD FAITH.
  S  4. Subdivision 4 of section 2802 of the public health law, as added
by chapter 795 of the laws of 1965, is amended to read as follows:
  4. No government agency shall construct any hospital without [securing
the written approval of the commissioner in accordance with the] MEETING
THE applicable requirements and procedures  of  the  preceding  subdivi-
sions.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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Assembly Bill A10640

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RUSSELL

Archive: Last Bill Status - In Assembly Committee

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Mark J.F. Schroeder

2009-A10640 - Details

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Mark J.F. Schroeder

2009-A10640A (ACTIVE) - Details

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2009-A10640A (ACTIVE) - Bill Text download pdf

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