STATE OF NEW YORK
________________________________________________________________________
1202
2017-2018 Regular Sessions
IN ASSEMBLY
January 11, 2017
___________
Introduced by M. of A. JENNE -- read once and referred 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:
1 Section 1. The opening paragraph of subdivision 1-a of section 2802 of
2 the public health law, as amended by chapter 174 of the laws of 2011, is
3 amended to read as follows:
4 The following types of construction projects by a hospital possessing
5 a valid operating certificate shall not require prior approval pursuant
6 to this section, provided that a written notice has been submitted to
7 the department [together with, where appropriate], the hospital obtains,
8 where appropriate, and makes available to the department by request upon
9 survey, a written architect and/or engineering certification that the
10 project meets the applicable statutes, codes and regulations specified
11 in the certification statement and, where required by the department,
12 the hospital shall implement a plan to protect patient safety during
13 construction:
14 § 2. Section 2802 of the public health law is amended by adding two
15 new subdivisions 8 and 9 to read as follows:
16 8. (a) Where the commissioner or department requires the applicant to
17 submit information to satisfy a contingency for a construction project,
18 the commissioner or department shall have thirty calendar days to review
19 and approve or disapprove the submitted information. If the commissioner
20 or department determines that the submitted information is incomplete,
21 it shall so notify the applicant in writing and provide the applicant
22 with the opportunity to correct the deficiency or provide additional
23 information. If the commissioner or department determines that the
24 submitted information does not satisfy the contingency, the basis for
25 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
A. 1202 2
1 shall not be based on the incompleteness of the application. Within
2 fifteen calendar days of complete satisfaction of a contingency, the
3 commissioner or department shall transmit the final approval letter to
4 the applicant.
5 (b) The department shall develop expedited pre-opening survey proc-
6 esses for applications approved under this section, but under no circum-
7 stances shall pre-opening survey reviews be conducted later than thirty
8 calendar days after final approval, construction completion and notifi-
9 cation of such completion of the department.
10 9. With regard to any construction project requiring submission of an
11 application pursuant to this section where the commissioner has deter-
12 mined that a written certification by an architect or engineer licensed
13 pursuant to article one hundred forty-five or one hundred forty-seven of
14 the education law that the project meets applicable regulations of the
15 department can be accepted, the submission by the applicant of such
16 complete and fully executed self-certification by certified or regis-
17 tered mail with a return receipt signed by the department shall consti-
18 tute a fulfillment of the architectural and/or engineering review and
19 certification requirement and the department shall proceed with the
20 processing of such application. Nothing in this section shall be
21 construed as prohibiting the department upon survey from requiring
22 subsequent corrections to the project to meet the applicable regu-
23 lations.
24 § 3. This act shall take effect on the one hundred twentieth day after
25 it shall have become a law.