NY State Senate Bill 2017-S3294

Senate Bill S3294

2017-2018 Legislative Session

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

download bill text pdf

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to health
Jan 20, 2017	referred to health

2017-S3294 (ACTIVE) - Details

See Assembly Version of this Bill:: A1202
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, A9939
2015-2016: S1111, S5907, A2428

2017-S3294 (ACTIVE) - Summary

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

2017-S3294 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3294

 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 improve the timeliness of
processing applications.

 SUMMARY OF PROVISIONS :

Section One: Amends subdivision 1-a of section 2802 of the public
health law to clarify the notification process.

Section Two: amends section 2802 to add two new subdivisions to
streamline processing of information related to contingencies, clarify
implementation or architectural and/or engineering attestations, and
timely pre-opening surveys.

Section Three: Effective date.

 JUSTIFICATION :

This bill will better ensure timely processing of certain projects and
the conduct of pre-opening surveys. It also clarifies the current

process for architectural and electrical attestations, thereby helping
to implement the more streamlined approach.

Previous efforts to improve administrative processes 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outdated and lengthy application processes that create unnecessary yet
significant delays that hinder health care transformation to meet the
goals of the triple aim of improving quality, improving health, and
lowering costs. It is critical that, at a minimum, timely processing
requirements be adhered to along with other streamlining efforts.
Developing more timely processing timeframes is an important step in
creating an integrated health care delivery system.

 LEGISLATIVE HISTORY :

2015-16: S.5907 - Passed Senate.

 FISCAL IMPLICATIONS :

Savings to the state as processes are streamlined.

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

2017-S3294 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3294
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2017
                                ___________
 
 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. 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:
   §  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
 SUCH  DISAPPROVAL  SHALL  BE  PROVIDED  IN WRITING; HOWEVER, DISAPPROVAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02444-01-7

 S. 3294                             2
 
 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.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

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