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.