S7602-2011 Actions

• Jun 19, 2012: SUBSTITUTED BY A10606
• Jun 19, 2012: ORDERED TO THIRD READING CAL.1320
• Jun 11, 2012: REPORTED AND COMMITTED TO RULES
• Jun 6, 2012: REFERRED TO HEALTH

S7602-2011 Meetings

S7602-2011 Calendars

S7602-2011 Votes

S7602-2011 Memo

BILL NUMBER:S7602

TITLE OF BILL:
An act
to amend the public health law, in relation to review of eligible
federally qualified health center capital projects

PURPOSE:
To make technical corrections to Part D, Section 36 of the Health and
Mental Hygiene Article VII Budget bill (Chapter 56 of 2012) providing
for special requirements and exceptions to the certificate of need
requirements for certain entities utilizing federal funds for capital
projects.

SUMMARY OF PROVISIONS:
Section 1 amends � 2807-z of the Public Health Law to make technical
amendments to allow for the implementation of the provision.

Section 2 is the effective date.

JUSTIFICATION:
This bill is required to provide technical corrections and allow for
the implementation of certain provisions authorized in the Health and
Mental Hygiene Article VII bill adopted as Chapter 56 of the laws
of 2012.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediate, and shall be deemed to be effective as of April 1, 2012.

S7602-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         7602
 I N  SENATE
 June 6, 2012
 
 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 review of eligible
 federally qualified health center capital projects
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. 

Section  2807-z  of  the  public  health law, as added by
 section 36 of part D of chapter 56 of the laws of 2012,  is  amended  to
 read as follows:

 

S 2807-z. [Limited or administrative review] REVIEW OF ELIGIBLE FEDER
 ALLY  QUALIFIED  HEALTH CENTER CAPITAL PROJECTS.  1. Notwithstanding any
 provision of this chapter or regulations or any other state law or regu
 lation, for any eligible capital project as defined in  subdivision  six
 of this section, the department shall have thirty days of receipt of the
 certificate  of  need application for a limited or administrative review
 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.
 2.  For an eligible capital project requiring a limited or administra
 tive review, within ninety days of the department deeming  the  applica
 tion  complete, the department shall make a decision to approve [(and in
 the case of limited reviews)] or  disapprove  the  certificate  of  need
 application for such project. If the department determines to disapprove
 the  project,  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 department fails to take action to approve or
 disapprove the application within ninety days of the certificate of need
 application being  deemed  complete,  the  application  will  be  deemed
 approved.
 3.  For  an  eligible  capital  project  requiring  full review by the
 [Public Health and Health Planning Council] COUNCIL, the certificate  of
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD16146-02-2
 
       S. 7602                             2
 need  application  shall  be  placed  on the next [PHHPC] COUNCIL agenda
 following the department deeming the application complete.
 4.  Where  the  commissioner  or  department requires the applicant to
 submit a contingency submission for an  eligible  capital  project,  the
 commissioner  or department shall have thirty days to review and approve
 or disapprove the contingency submission. If the commissioner or depart
 ment determines that the contingency submission is incomplete, it  shall
 so  notify  the  applicant in writing and provide the applicant with ten
 business days to correct the deficiency or provide  additional  informa
 tion.  If  the  commissioner  or department determines to disapprove the
 contingency [of the] submission, 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
 contingency satisfaction, the commissioner or department shall  transmit
 the final approval letter to the applicant.
 5. The department shall develop expedited pre-opening survey processes
 for  eligible  capital projects approved under [subdivision one of] this
 section, but under no circumstances shall pre-opening survey reviews  be
 scheduled  later  than  thirty  days  after final approval, CONSTRUCTION
 COMPLETION AND NOTIFICATION OF SUCH COMPLETION OF THE DEPARTMENT.
 6. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION THE  FOLLOWING  TERMS
 SHALL BE DEFINED AS FOLLOWS:

 (A) "Eligible capital project" shall mean:

 [(a)] (I) A project [whose] THAT DOES NOT INVOLVE THE ESTABLISHMENT OF
 A  NEW  OPERATOR  PURSUANT TO SECTION TWENTY-EIGHT HUNDRED ONE-A OF THIS
 ARTICLE, WITH A total budget [is] OF three million dollars or more fund
 ed, IN WHOLE OR IN PART, with federal monies pursuant to section 330  of
 the Public Health Service (PHS), 42 USC 254b, as amended; or
 [(b)]  (II)  A project [whose] THAT DOES NOT INVOLVE THE ESTABLISHMENT
 OF A NEW OPERATOR PURSUANT TO SECTION TWENTY-EIGHT HUNDRED ONE-A OF THIS
 ARTICLE, WITH A total budget [is] OF three million dollars or more fund
 ed, IN WHOLE OR IN PART, with federal monies  pursuant  to  the  federal
 Capital  Development-Building Capacity (CD-BC) Grant Program and Immedi
 ate Facility Improvements (CD-IFI) Grant Program, as authorized  by  the
 Patient  Protection  and Affordable Care Act (Affordable Care Act)((P.L.
 111-148),

Section 10503(c)).
 (B) "BUDGET" SHALL MEAN THE BUDGET FOR THE CAPITAL PROJECT.
 7. Capital [protects] PROJECTS, WITH A TOTAL BUDGET OF LESS THAN THREE
 MILLION DOLLARS THAT DO NOT INVOLVE THE ESTABLISHMENT OF A NEW  OPERATOR
 PURSUANT  TO  SECTION TWENTY-EIGHT HUNDRED ONE-A OF THIS ARTICLE, funded
 in whole or in part through section 330 of  the  Public  Health  Service
 (PHS),  42  USC  254b,  as  amended, or [whose total budget is less than
 three million dollars shall not be subject to  the  provisions  of  this
 section  or]  THROUGH  the federal Capital Development-Building Capacity
 (CD-BC) Grant Program and Immediate Facility Improvements (CD-IFI) Grant
 Program, as authorized by the Patient Protection and Affordable Care Act
 (Affordable Care Act)((P.L. 111-148),

Section 10503(c)),  shall  not  be
 subject  to  the requirements set forth in this section or any other law
 or regulation regarding certificate of need process or requirements.
 8. FOR CAPITAL PROJECTS EXEMPT FROM CERTIFICATE OF  NEED  REQUIREMENTS
 PURSUANT  TO SUBDIVISION SEVEN OF THIS SECTION, THE DEPARTMENT SHALL (A)
 ESTABLISH MECHANISMS TO ACCOUNT FOR THE CAPITAL COSTS OF  SUCH  PROJECTS
 IN  THE APPLICANT'S RATE OF PAYMENT BY GOVERNMENTAL AGENCIES ESTABLISHED
 PURSUANT TO SECTION TWENTY-EIGHT HUNDRED  SEVEN  OF  THIS  ARTICLE;  (B)
 ESTABLISH  LICENSURE REQUIREMENTS FOR SUCH FACILITY, WHICH SHALL INCLUDE
 PAYMENT  OF  THE  FEES  SPECIFIED  AT  SUBDIVISION  SEVEN   OF   SECTION
 
       S. 7602                             3
 TWENTY-EIGHT  HUNDRED  TWO OF THIS ARTICLE; AND (C) DEEM SUCH FACILITIES
 ELIGIBLE FOR UNCOMPENSATED CARE REIMBURSEMENT MADE AVAILABLE PURSUANT TO
 SECTION SEVEN OF CHAPTER FOUR HUNDRED THIRTY-THREE OF THE LAWS OF  NINE
 TEEN HUNDRED NINETY-SEVEN, AS AMENDED BY SECTION SEVENTY-FIVE OF CHAPTER
 ONE OF THE LAWS OF NINETEEN HUNDRED NINETY-NINE.
 9.  THE  COMMISSIONER SHALL PROMULGATE REGULATIONS, AND MAY PROMULGATE
 EMERGENCY REGULATIONS, TO IMPLEMENT THE PROVISIONS OF THIS  SECTION.  TO
 THE  EXTENT  THAT THE COMMISSIONER HAS NOT PROMULGATED SUCH REGULATIONS,
 PROJECTS THAT  WOULD  OTHERWISE  BE  EXEMPT  FROM  CERTIFICATE  OF  NEED
 REQUIREMENTS  MAY  BE  PROCESSED,  AT  THE  OPTION  OF THE APPLICANT, IN
 ACCORDANCE WITH STATUTES AND REGULATIONS GOVERNING  THE  CERTIFICATE  OF
 NEED PROCESS.
 

S  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2012.

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