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A10606 Summary:

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A10606 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10606
 
                   IN ASSEMBLY
 
                                      June 7, 2012
                                       ___________
 
        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Kavanagh,
          Gottfried) -- read once and referred 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:
 

     1    Section  1.  Section  2807-z  of  the  public  health law, as added by
     2  section 36 of part D of chapter 56 of the laws of 2012,  is  amended  to
     3  read as follows:
     4    § 2807-z. [Limited or administrative review] Review of eligible feder-
     5  ally  qualified  health center capital projects.  1. Notwithstanding any
     6  provision of this chapter or regulations or any other state law or regu-
     7  lation, for any eligible capital project as defined in  subdivision  six
     8  of this section, the department shall have thirty days of receipt of the
     9  certificate  of  need application for a limited or administrative review
    10  to deem such application complete.  If  the  department  determines  the
    11  application  is  incomplete  or  that  more information is required, the
    12  department shall notify the applicant in writing within thirty  days  of

    13  the  date  of the application's submission, and the applicant shall have
    14  twenty business days to  provide  additional  information  or  otherwise
    15  correct the deficiency in the application.
    16    2.  For an eligible capital project requiring a limited or administra-
    17  tive review, within ninety days of the department deeming  the  applica-
    18  tion  complete, the department shall make a decision to approve [(and in
    19  the case of limited reviews)] or  disapprove  the  certificate  of  need
    20  application for such project. If the department determines to disapprove
    21  the  project,  the basis for such disapproval shall be provided in writ-
    22  ing; however, disapproval shall not be based on  the  incompleteness  of
    23  the  application.  If  the department fails to take action to approve or
    24  disapprove the application within ninety days of the certificate of need

    25  application being  deemed  complete,  the  application  will  be  deemed
    26  approved.
    27    3.  For  an  eligible  capital  project  requiring  full review by the
    28  [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
        A. 10606                            2
 
     1  need  application  shall  be  placed  on the next [PHHPC] council agenda
     2  following the department deeming the application complete.
     3    4.  Where  the  commissioner  or  department requires the applicant to
     4  submit a contingency submission for an  eligible  capital  project,  the

     5  commissioner  or department shall have thirty days to review and approve
     6  or disapprove the contingency submission. If the commissioner or depart-
     7  ment determines that the contingency submission is incomplete, it  shall
     8  so  notify  the  applicant in writing and provide the applicant with ten
     9  business days to correct the deficiency or provide  additional  informa-
    10  tion.  If  the  commissioner  or department determines to disapprove the
    11  contingency [of the] submission, the basis for such disapproval shall be
    12  provided in writing; however, disapproval shall  not  be  based  on  the
    13  incompleteness  of  the  application.  Within  fifteen  days of complete
    14  contingency satisfaction, the commissioner or department shall  transmit
    15  the final approval letter to the applicant.
    16    5. The department shall develop expedited pre-opening survey processes

    17  for  eligible  capital projects approved under [subdivision one of] this
    18  section, but under no circumstances shall pre-opening survey reviews  be
    19  scheduled  later  than  thirty  days  after final approval, construction
    20  completion and notification of such completion of the department.
    21    6. Definitions. For the purposes of this section the  following  terms
    22  shall be defined as follows:
    23    (a) "Eligible capital project" shall mean:
    24    [(a)] (i) A project [whose] that does not involve the establishment of
    25  a  new  operator  pursuant to section twenty-eight hundred one-a of this
    26  article, with a total budget [is] of three million dollars or more fund-

    27  ed, in whole or in part, with federal monies pursuant to section 330  of
    28  the Public Health Service (PHS), 42 USC 254b, as amended; or
    29    [(b)]  (ii)  A project [whose] that does not involve the establishment
    30  of a new operator pursuant to section twenty-eight hundred one-a of this
    31  article, with a total budget [is] of three million dollars or more fund-
    32  ed, in whole or in part, with federal monies  pursuant  to  the  federal
    33  Capital  Development-Building Capacity (CD-BC) Grant Program and Immedi-
    34  ate Facility Improvements (CD-IFI) Grant Program, as authorized  by  the
    35  Patient  Protection  and Affordable Care Act (Affordable Care Act)((P.L.
    36  111-148), Section 10503(c)).
    37    (b) "Budget" shall mean the budget for the capital project.

    38    7. Capital [protects] projects, with a total budget of less than three
    39  million dollars that do not involve the establishment of a new  operator
    40  pursuant  to  section twenty-eight hundred one-a of this article, funded
    41  in whole or in part through section 330 of  the  Public  Health  Service
    42  (PHS),  42  USC  254b,  as  amended, or [whose total budget is less than
    43  three million dollars shall not be subject to  the  provisions  of  this
    44  section  or]  through  the federal Capital Development-Building Capacity
    45  (CD-BC) Grant Program and Immediate Facility Improvements (CD-IFI) Grant
    46  Program, as authorized by the Patient Protection and Affordable Care Act
    47  (Affordable Care Act)((P.L. 111-148), Section 10503(c)),  shall  not  be

    48  subject  to  the requirements set forth in this section or any other law
    49  or regulation regarding certificate of need process or requirements.
    50    8. For capital projects exempt from certificate of  need  requirements
    51  pursuant  to subdivision seven of this section, the department shall (a)
    52  establish mechanisms to account for the capital costs of  such  projects
    53  in  the applicant's rate of payment by governmental agencies established
    54  pursuant to section twenty-eight hundred  seven  of  this  article;  (b)
    55  establish  licensure requirements for such facility, which shall include
    56  payment of the fees specified at subdivision seven  of  section  twenty-
        A. 10606                            3
 

     1  eight hundred two of this article; and (c) deem such facilities eligible
     2  for  uncompensated care reimbursement made available pursuant to section
     3  seven of chapter four hundred  thirty-three  of  the  laws  of  nineteen
     4  hundred  ninety-seven, as amended by section seventy-five of chapter one
     5  of the laws of nineteen hundred ninety-nine.
     6    9. The commissioner shall promulgate regulations, and  may  promulgate
     7  emergency  regulations,  to implement the provisions of this section. To
     8  the extent that the commissioner has not promulgated  such  regulations,
     9  projects  that  would  otherwise  be  exempt  from  certificate  of need
    10  requirements may be processed,  at  the  option  of  the  applicant,  in

    11  accordance  with  statutes  and regulations governing the certificate of
    12  need process.
    13    § 2. This act shall take effect immediately and  shall  be  deemed  to
    14  have been in full force and effect on and after April 1, 2012.