NY State Senate Bill 2013-S7478A

Senate Bill S7478A

2013-2014 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2014	referred to health delivered to assembly passed senate ordered to third reading cal.1478 committee discharged and committed to rules
Jun 09, 2014	print number 7478a
Jun 09, 2014	amend and recommit to health
May 15, 2014	referred to health

Votes

- Jun 17, 2014 - Floor Vote
  S7478A
  
  58
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 17, 2014
      
      aye (58)
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (3)
      
      Golden
      
      Hassell-Thompson
      
      Smith
  Jun 16, 2014 - Rules Committee Vote
  S7478A
  
  21
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 16, 2014
      
      aye (21)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Hannon
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (3)
      
      Gianaris
      
      Parker
      
      Perkins
      
      excused (1)
      
      Hassell-Thompson

Bill Amendments

Original

A (Active)

2013-S7478 - Details

See Assembly Version of this Bill:: A9939
Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Amd §2802, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S1111, S5907, A2428
2017-2018: S3294, A1202

2013-S7478 - Summary

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

2013-S7478 - Sponsor Memo

                                BILL NUMBER:S7478

TITLE OF BILL:  An act to amend the public health law, in relation to
applications for construction of hospitals

PURPOSE:  This bill amends the public health law to streamline the
Certificate of Need process and to clarify the process for architectural
attestations.

SUMMARY OF PROVISIONS:

Section 1 amends the public health law to put into place Certificate-of-
Need processing timeframes related to:

* deeming an application for construction complete.

* making a decision to approve or disapprove the application.

* placement on the PHHPC agenda when full review by the council is
necessary.

* project contingencies.

* an expedited pre-opening survey process for applications under this
section, using a 30-day window after final approval, construction
completion and notification to DOH.

* relates to the current use of architectural attestations and would
clarify implementation of such attestations.

Section 2 - Effective Date

JUSTIFICATION:  This bill applies already enacted Article 28 FQHC CON
timeframes to other Article 28 providers. Previous efforts to review and
improve the certificate-of-need process brought a much needed focus that
highlighted the urgent need for further reform efforts. While payment
systems and health care delivery are changing at a rapid pace, health
care providers continue to struggle with outdated, lengthy CON and other
application processes, and are stymied by a cumbersome regulatory appa-
ratus. This creates unnecessary and significant delays that hinder a
hospital's ability to transform and to meet the goals of the triple aim
of improving quality, improving health and lowering costs. Unlike New
York State, some other states do not have CON process. It is therefore
critical that, at a minimum, timely processing requirements be adhered
to along with other streamlining efforts. Developing a more standardized
review timeframes for all Article 28 providers is an important step in
creating an integrated health care delivery system.

This bill also clarifies the process for architectural attestations
which can currently be used in certain circumstances, thereby helping to
implement this more streamlined approach.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS:  Savings to state as processes are streamlined.

EFFECTIVE DATE:  This act shall take effect 120 days after enactment.

2013-S7478 - Bill Text download pdf

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

                                  7478

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced  by  Sen.  HANNON -- 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  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.

                                                           LBD15126-01-4

S. 7478                             2

THE COMMISSIONER OR DEPARTMENT SHALL HAVE  THIRTY  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-
IN  TEN  BUSINESS  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 DAYS OF COMPLETE SATISFACTION OF A CONTINGENCY, THE COMMISSIONER
OR DEPARTMENT SHALL TRANSMIT THE FINAL APPROVAL LETTER TO THE APPLICANT.
  (E) 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
DAYS AFTER FINAL APPROVAL, CONSTRUCTION COMPLETION AND  NOTIFICATION  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
CERTIFICATION BY CERTIFIED OR REGISTERED  MAIL  WITH  A  RETURN  RECEIPT
SIGNED  BY  THE DEPARTMENT SHALL CONSTITUTE A FULFILLMENT OF THE CERTIF-
ICATION 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.

2013-S7478A (ACTIVE) - Details

See Assembly Version of this Bill:: A9939
Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Amd §2802, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S1111, S5907, A2428
2017-2018: S3294, A1202

2013-S7478A (ACTIVE) - Summary

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

2013-S7478A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7478A

TITLE OF BILL:  An act to amend the public health law, in relation to
applications for construction of hospitals

PURPOSE:  This bill amends the public health law to streamline the
Certificate of Need process and to clarify the process for architectural
attestations.

SUMMARY OF PROVISIONS:

Section 1 amends the public health law to put into place Certificate-of-
Need processing timeframes related to:

* deeming an application for construction complete.

* making a decision to approve or disapprove the application.

* placement on the PHHPC agenda when full review by the council is
necessary.

* project contingencies.

* relates to the current use of architectural attestations and would
clarify implementation of such attestations.

Section 2 - Effective Date

JUSTIFICATION:  This bill applies already enacted Article 28 FQHC CON
timeframes to other Article 28 providers. Previous efforts to review and
improve the certificate-of-need process brought a much needed focus that
highlighted the urgent need for further reform efforts. While payment
systems and health care delivery are changing at a rapid pace, health
care providers continue to struggle with outdated, lengthy CON and other
application processes, and are stymied by a cumbersome regulatory appa-
ratus. This creates unnecessary and significant delays that hinder a
hospital's ability to transform and to meet the goals of the triple aim
of improving quality, improving health and lowering costs. Unlike New
York State, some other states do not have CON process. It is therefore
critical that, at a minimum, timely processing requirements be adhered
to along with other streamlining efforts. Developing a more standardized
review timeframes for all Article 28 providers is an important step in
creating an integrated health care delivery system.

This bill also clarifies the process for architectural attestations
which can currently be used in certain circumstances, thereby helping to
implement this more streamlined approach.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS:  Savings to state as processes are streamlined.

EFFECTIVE DATE:  This act shall take effect 120 days after enactment.

2013-S7478A (ACTIVE) - Bill Text download pdf

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

                                 7478--A

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed  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.

                                                           LBD15126-02-4

S. 7478--A                          2

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.

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