Establishes time limits for the consideration of applications for the construction of hospitals.
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 the public health law to put into place Certificate-ofNeed 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.
* an expedited pre-opening survey process for applications under this section, using a 30-day window after final approval, construction completion and notification to DOH.
* relates to the 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payment systems and health care delivery are changing at a rapid pace, health care providers continue to struggle with outdated, lengthy CON and other application processes, and are stymied by a cumbersome regulatory apparatus.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: New bill.
FISCAL IMPLICATIONS: Savings to state as processes are streamlined.
EFFECTIVE DATE: This act shall take effect 120 days after enactment.
STATE OF NEW YORK ________________________________________________________________________ 7478 IN SENATE May 15, 2014 ___________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) THE DEPARTMENT SHALL HAVE THIRTY DAYS OF RECEIPT OF ANY APPLICA- TION TO DEEM SUCH APPLICATION COMPLETE. IF THE DEPARTMENT DETERMINES THE APPLICATION IS INCOMPLETE OR THAT MORE INFORMATION IS REQUIRED, THE DEPARTMENT SHALL NOTIFY THE APPLICANT IN WRITING WITHIN THIRTY DAYS OF THE DATE OF THE APPLICATION'S SUBMISSION, AND THE APPLICANT SHALL HAVE TWENTY BUSINESS DAYS TO PROVIDE ADDITIONAL INFORMATION OR OTHERWISE CORRECT THE DEFICIENCY IN THE APPLICATION. (B) FOR AN APPLICATION REQUIRING A LIMITED OR ADMINISTRATIVE REVIEW, WITHIN NINETY DAYS OF THE DEPARTMENT DEEMING THE APPLICATION COMPLETE, THE COMMISSIONER SHALL MAKE A DECISION TO APPROVE OR DISAPPROVE THE APPLICATION. IF THE COMMISSIONER DETERMINES TO DISAPPROVE THE APPLICA- TION, THE BASIS FOR SUCH DISAPPROVAL SHALL BE PROVIDED IN WRITING; 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 DAYS OF THE APPLICATION BEING DEEMED COMPLETE, THE APPLICATION SHALL BE DEEMED APPROVED. (C) 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. (D) WHERE THE COMMISSIONER OR DEPARTMENT REQUIRES THE APPLICANT TO SUBMIT INFORMATION TO SATISFY A CONTINGENCY FOR A CONSTRUCTION PROJECT,EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15126-01-4 S. 7478 2
THE COMMISSIONER OR DEPARTMENT SHALL HAVE THIRTY 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- IN TEN BUSINESS 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 DAYS OF COMPLETE SATISFACTION OF A CONTINGENCY, THE COMMISSIONER OR DEPARTMENT SHALL TRANSMIT THE FINAL APPROVAL LETTER TO THE APPLICANT. (E) 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 DAYS AFTER FINAL APPROVAL, CONSTRUCTION COMPLETION AND NOTIFICATION 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 CERTIFICATION BY CERTIFIED OR REGISTERED MAIL WITH A RETURN RECEIPT SIGNED BY THE DEPARTMENT SHALL CONSTITUTE A FULFILLMENT OF THE CERTIF- ICATION 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.