NY State Senate Bill 2015-S1111

Senate Bill S1111

2015-2016 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Health 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
Jan 06, 2016	referred to health returned to senate died in assembly
Apr 27, 2015	referred to health delivered to assembly passed senate
Mar 03, 2015	advanced to third reading
Mar 02, 2015	2nd report cal.
Feb 26, 2015	1st report cal.162
Jan 08, 2015	referred to health

Votes

- Apr 27, 2015 - Floor Vote
  S1111
  
  57
  
  Aye
  
  0
  
  Nay
  
  1
  
  Absent
  
  5
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Apr 27, 2015
      
      aye (57)
      
      Addabbo Jr.
      
      Avella
      
      Bonacic
      
      Boyle
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      absent (1)
      
      Sampson
      
      excused (5)
      
      Amedore
      
      Breslin
      
      Hassell-Thompson
      
      Libous
      
      Parker
  Feb 26, 2015 - Health Committee Vote
  S1111
  
  17
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Feb 26, 2015
      
      aye (17)
      
      Farley
      
      Felder
      
      Golden
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Larkin
      
      Little
      
      Martins
      
      Montgomery
      
      Murphy
      
      Panepinto
      
      Rivera
      
      Seward
      
      Stavisky
      
      Valesky
      
      Young

co-Sponsors

2015-S1111 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2802, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7478
2017-2018: S3294

2015-S1111 (ACTIVE) - Summary

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

2015-S1111 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1111

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 Section 2802 of 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.
* 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 apparatus. 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:

S.7478-A of 2014

FISCAL IMPLICATIONS:


Savings to state as processes are streamlined.

EFFECTIVE DATE:

This act shall take effect 120 days after enactment.

2015-S1111 (ACTIVE) - Bill Text download pdf

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

                                  1111

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

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)  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04037-01-5

S. 1111                             2

WITH  TEN  CALENDAR 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  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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Senate Bill S1111

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Sponsored By

Kemp Hannon