Eliminates requirement for prior approval of certain hospital repair and maintenance, and non-clinical construction projects.
Law Section: Public Health Law
Law: Amd S2802, Pub Health L
Law Section: Public Health Law
Law: Amd S2802, Pub Health L
- Jun 17, 2011: SUBSTITUTED BY A7665B
- Jun 13, 2011: AMENDED ON THIRD READING 4992A
- Jun 13, 2011: VOTE RECONSIDERED - RESTORED TO THIRD READING
- Jun 13, 2011: returned to senate
- Jun 13, 2011: RECALLED FROM ASSEMBLY
- Jun 6, 2011: referred to codes
- Jun 6, 2011: DELIVERED TO ASSEMBLY
- Jun 6, 2011: PASSED SENATE
- May 16, 2011: ADVANCED TO THIRD READING
- May 11, 2011: 2ND REPORT CAL.
- May 10, 2011: 1ST REPORT CAL.599
- May 2, 2011: REFERRED TO HEALTH
S4992-2011 MeetingsHealth: May 10, 2011
S4992-2011 CalendarsActive List: Jun 6, 2011 , Floor Calendar: May 11, 2011 , Floor Calendar: May 16, 2011 , Floor Calendar: May 17, 2011 , Floor Calendar: May 18, 2011 , Floor Calendar: May 23, 2011 , Floor Calendar: May 24, 2011 , Floor Calendar: May 25, 2011 , Floor Calendar: Jun 1, 2011 , Floor Calendar: Jun 2, 2011 , Floor Calendar: Jun 6, 2011
VOTE: COMMITTEE VOTE: - Health - May 10, 2011
VOTE: FLOOR VOTE: - Jun 6, 2011
Ayes (61): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Absent (1): Parker
BILL NUMBER:S4992 TITLE OF BILL: An act to amend the public health law, in relation to hospital construction PURPOSE: To ensure the state's Certificate of Need (CON) processes are updated and streamlined to promote access to high quality, cost-effective health care services SUMMARY OF PROVISIONS: Section 1 of the bill would amend subdivision 1-a of section 2802 of the public health law to specify certain types of projects that would not require CON approval. These projects include routine repair or maintenance, including routine purchases and acquisition of minor equipment; one for one equipment replacements regardless of costs; and non-clinical infrastructure proposals regardless of cost including, but not limited to, replacement of HVAC. While these projects would not require approval, notice of a project would have to be provided to the Commissioner and, where appropriate, written certification statements that the project complies with applicable statutes, codes and regulations and also would add a new subdivision 1-b of section 2802 to state that pre-opening certifications or surveys would not be required before approved CON projects can be operationalized. Instead, the provider would submit an appropriate certification statement of compliance. In addition, the DOH would assess compliance during DOH's next survey of the hospital. Section 2 of the would make the bill effective 180 days after it becomes law. EXISTING LAW: The public health law was amended in 2010 to provide that projects that are limited to the correction of cited deficiencies do not require approval, and to provide the Commissioner with clear authority to eliminate other unspecified categories of projects from being subject to certificate of need review. Current law does not address the issue of pre-opening certifications or surveys; however, it is the practice of the DOH to perform these certifications and surveys. JUSTIFICATION: The CON process can be an effective health planning tool to ensure a fair and cost-effective distribution of quality health care resources across New York. Unfortunately, the process is overburdened by unnecessary process steps that could be eliminated without impacting patient safety or placing undue stress on the state's finances. As state staffing levels decrease, it is imperative to focus reviewers' energies on high-cost, complex projects that could benefit from a thorough state analysis and public debate. More routine projects that do not involve new services or the addition of capacity should not have to undergo the same level of scrutiny. Lack of timeliness in the current review process hampers providers' ability to adjust services to respond to market changes, patient preferences, new technologies, and evolving modes of care. Project delays often lead to increased project costs (e.g. labor, construction materials), a portion of which is directly borne by the state through the Medicaid capital reimbursement structure. The types of projects that this legislation proposes to be exempt from CON approval are projects that health facilities generally must undertake to maintain their physical plants and to ensure the safety of the patients they serve. This legislation would affect projects that are almost always approved, but are subject to unnecessary delays. This legislation would result in modest efficiencies to the current review process and would allow DOH to focus its efforts and limited resources on those more consequential projects that appropriately require more attention. Therefore, this legislation would benefit DOH, health facilities, and the patients they serve. LEGISLATIVE HISTORY: Part of S.7589-A of 2010, a more comprehensive CON bill - reported to health committee FISCAL IMPLICATIONS: State savings due to the need for fewer CON reviews. EFFECTIVE DATE: This act shall take effect on the one hundred and eightieth day after it shall become law.
S T A T E O F N E W Y O R K ________________________________________________________________________ 4992 2011-2012 Regular Sessions I N SENATE May 2, 2011 ___________ 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 hospital construction THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1-a of section 2802 of the public health law, as added by section 58 of part A of chapter 58 of the laws of 2010, is amended and a new subdivision 1-b is added to read as follows:
1-a. The following types of construction projects by a hospital possessing a valid operating certificate shall not require prior approval pursuant to this section:
(a) correction of cited deficiencies, provided that:
(i) the construction is limited to the correction of the deficiencies and is authorized by a plan of correction approved by the department; (ii) a written notice has been submitted to the department together with, where appropriate, a written architect and/or engineering certif- ication that the project meets the applicable statutes, codes and regu- lations specified in the certification statement; and (iii) the hospital shall implement a plan to protect patient safety during construction; [
and] (b) REPAIR OR MAINTENANCE, REGARDLESS OF COST, INCLUDING ROUTINE PURCHASES AND THE ACQUISITION OF MINOR EQUIPMENT UNDERTAKEN IN THE COURSE OF A HOSPITAL'S INVENTORY CONTROL FUNCTIONS; (C) NON-CLINICAL INFRASTRUCTURE PROJECTS REGARDLESS OF COST INCLUDING, BUT NOT LIMITED TO, REPLACEMENT OF HEATING, VENTILATING AND AIR CONDI- TIONING SYSTEMS, ROOFS, FIRE ALARM AND CALL BELL SYSTEMS, PARKING LOTS AND ELEVATORS; (D) ONE FOR ONE EQUIPMENT REPLACEMENTS REGARDLESS OF COST, INCLUDING REPLACEMENT OF EQUIPMENT WITH ANOTHER PIECE OF EQUIPMENT USED FOR SIMI- LAR PURPOSES BUT EMPLOYING ADVANCED TECHNOLOGY, PROVIDED THAT A WRITTEN EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11208-01-1 S. 4992 2 NOTICE HAS BEEN SUBMITTED TO THE DEPARTMENT TOGETHER WITH, WHERE APPRO- PRIATE, A WRITTEN CERTIFICATION THAT THE PROJECT MEETS THE APPLICABLE STATUTES, CODES AND REGULATIONS SPECIFIED IN THE CERTIFICATION STATE- MENT; AND (E) other projects as specified in regulations adopted by the council and approved by the commissioner. 1-B. THE COMMISSIONER SHALL NOT REQUIRE PRE-OPENING CERTIFICATIONS AND/OR SURVEYS FOR CONSTRUCTION PROJECTS APPROVED IN ACCORDANCE WITH THIS SECTION AS LONG AS APPROPRIATE CERTIFICATION STATEMENTS OF COMPLI- ANCE ARE SUBMITTED TO THE DEPARTMENT. THE DEPARTMENT SHALL ASSESS COMPLIANCE DURING THE DEPARTMENT'S NEXT ON-SITE SURVEY OF THE HOSPITAL. IF AT THAT TIME A PROJECT IS FOUND TO BE NON-COMPLIANT, THE HOSPITAL SHALL HAVE A REASONABLE AMOUNT OF TIME TO BRING THE PROJECT INTO COMPLI- ANCE AND THE HOSPITAL SHALL NOT BE PENALIZED FOR SUCH NON-COMPLIANCE IF THE HOSPITAL'S CERTIFICATION STATEMENT WAS MADE IN GOOD FAITH. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.