Assembly Bill A9563

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

                                  9563

                          I N  A S S E M B L Y

                             March 16, 2016
                               ___________

Introduced by M. of A. WALKER -- read once and referred to the Committee
  on Health

AN  ACT to amend the public health law, in relation to the relocation of
  residential health care facility long-term ventilator beds

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

  Section  1. Subdivision 2 of section 2802 of the public health law, as
amended by section 58 of part A of chapter 58 of the laws  of  2010,  is
amended to read as follows:
  2. The commissioner shall not act upon an application for construction
of  a  hospital  until the public health and health planning council and
the health systems agency have had a reasonable  time  to  submit  their
recommendations, and 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 and health planning council
pursuant to the provisions of this article) provided, however, that  the
commissioner  may  act upon an application for construction by an appli-
cant possessing a valid operating certificate when the application qual-
ifies for review without the recommendation of the council  pursuant  to
regulations  adopted by the council and approved by the commissioner, OR
AS OTHERWISE AUTHORIZED BY THIS SECTION; 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-b  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.
  S 2. Section 2802 of the public health law is amended by adding a  new
subdivision 2-c to read as follows:
  2-C.  AN  APPLICATION  FOR THE RELOCATION OF LONG-TERM VENTILATOR BEDS
FROM ONE RESIDENTIAL HEALTH CARE FACILITY TO ANOTHER RESIDENTIAL  HEALTH
CARE  FACILITY  WITH COMMON OWNERSHIP SHALL BE SUBJECT TO LIMITED REVIEW

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

                                                           LBD14648-01-6

A. 9563                             2

BY THE DEPARTMENT. COMMON OWNERSHIP SHALL BE FOUND WHEN THE OWNERSHIP OR
CONTROLLING INTEREST IN THE OPERATOR OF  EACH  RESIDENTIAL  HEALTH  CARE
FACILITY  IS  THE SAME, PROVIDED THE PERCENTAGE OF OWNERSHIP INTEREST OF
EACH  OWNER  MAY  VARY  BETWEEN THE TWO FACILITIES. FOR PURPOSES OF THIS
SUBDIVISION, BOTH COMMON  OWNERSHIP  AND  THE  RELOCATION  OF  LONG-TERM
VENTILATOR BEDS WITHIN THE SAME HEALTH SYSTEMS REGION SHALL BE DEEMED TO
BE PUBLIC NEED.
  S 3. This act shall take effect immediately.