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

                                         4523

                              2009-2010 Regular Sessions

                                   I N  S E N A T E

                                    April 24, 2009
                                      ___________

       Introduced  by  Sen. LAVALLE -- 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 creating a certif-
         icate of need application public tracking system

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1. Legislative intent. Health care providers are continuously
    2  evaluating the needs of their communities and adapting their services to
    3  better respond to those needs and patient preferences,  and  to  provide
    4  the highest quality care in the most appropriate setting.
    5    Part  of  the  challenge is being able to plan effectively for service
    6  expansions, contractions, or new partnerships in a timely manner so that
    7  patients experience a seamless and well-coordinated system of care.  New
    8  York's  certificate  of  need  (CON) system, designed to ensure the best
    9  possible allocation of health care services and resources, is an  impor-
   10  tant  step  in  this  process, but can also pose an obstacle due to long
   11  processing times and/or communication challenges.
   12    New York's health care system could benefit from  a  more  transparent
   13  CON  process so that providers, consumers, and regulators have real-time
   14  data on the progress of health care  reform,  and  to  ensure  that  the
   15  system responds effectively to community health needs.
   16    S  2. Section 2802 of the public health law is amended by adding a new
   17  subdivision 8 to read as follows:
   18    8. (A) THE COMMISSIONER SHALL CREATE A PUBLICLY ACCESSIBLE,  INTERNET-
   19  BASED  TRACKING  TOOL  THAT WILL ALLOW HEALTH CARE PROVIDERS TO VIEW THE
   20  STATUS OF THEIR CERTIFICATE OF NEED  APPLICATION.  THE  OUTPUT  OF  THIS
   21  TRACKING TOOL SHALL INCLUDE, AS A MINIMUM: (I) NATURE OF APPLICATION AND
   22  TYPE OF CON REVIEW UNDER WAY; (II) ANY OUTSTANDING DOCUMENTS REQUIRED BY
   23  APPLICANT;  (III)  STEPS  COMPLETED  IN  THE  PROCESS;  (IV) STEPS STILL
   24  OUTSTANDING IN THE PROCESS; (V) DATE OF APPROVAL;  AND  (VI)  STATUS  OF
   25  CONDITIONS AND CONTINGENCIES.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01118-01-9
       S. 4523                             2

    1    (B) THE COMMISSIONER SHALL DIRECT THE DEPARTMENT TO SOLICIT INPUT FROM
    2  STAKEHOLDERS  AS  IT  DESIGNS  THE  TRACKING TOOL TO ENSURE MAXIMUM USER
    3  VALUE ON THE PART OF THE INDUSTRY, THE PUBLIC, AND HEALTH  CARE  REGULA-
    4  TORS.
    5    S 3. This act shall take effect on the one hundred eightieth day after
    6  it shall have become a law.