S T A T E O F N E W Y O R K
________________________________________________________________________
4523
2009-2010 Regular Sessions
I N S E N A T E
April 24, 2009
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Introduced by Sen. LAVALLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to creating a certif-
icate of need application public tracking system
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. Health care providers are continuously
evaluating the needs of their communities and adapting their services to
better respond to those needs and patient preferences, and to provide
the highest quality care in the most appropriate setting.
Part of the challenge is being able to plan effectively for service
expansions, contractions, or new partnerships in a timely manner so that
patients experience a seamless and well-coordinated system of care. New
York's certificate of need (CON) system, designed to ensure the best
possible allocation of health care services and resources, is an impor-
tant step in this process, but can also pose an obstacle due to long
processing times and/or communication challenges.
New York's health care system could benefit from a more transparent
CON process so that providers, consumers, and regulators have real-time
data on the progress of health care reform, and to ensure that the
system responds effectively to community health needs.
S 2. Section 2802 of the public health law is amended by adding a new
subdivision 8 to read as follows:
8. (A) THE COMMISSIONER SHALL CREATE A PUBLICLY ACCESSIBLE, INTERNET-
BASED TRACKING TOOL THAT WILL ALLOW HEALTH CARE PROVIDERS TO VIEW THE
STATUS OF THEIR CERTIFICATE OF NEED APPLICATION. THE OUTPUT OF THIS
TRACKING TOOL SHALL INCLUDE, AS A MINIMUM: (I) NATURE OF APPLICATION AND
TYPE OF CON REVIEW UNDER WAY; (II) ANY OUTSTANDING DOCUMENTS REQUIRED BY
APPLICANT; (III) STEPS COMPLETED IN THE PROCESS; (IV) STEPS STILL
OUTSTANDING IN THE PROCESS; (V) DATE OF APPROVAL; AND (VI) STATUS OF
CONDITIONS AND CONTINGENCIES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01118-01-9
S. 4523 2
(B) THE COMMISSIONER SHALL DIRECT THE DEPARTMENT TO SOLICIT INPUT FROM
STAKEHOLDERS AS IT DESIGNS THE TRACKING TOOL TO ENSURE MAXIMUM USER
VALUE ON THE PART OF THE INDUSTRY, THE PUBLIC, AND HEALTH CARE REGULA-
TORS.
S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.