Bill Text: NY A01202 | 2017-2018 | General Assembly | Introduced

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Bill Title: Establishes time limits for the consideration of applications for the construction of hospitals.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to health [A01202 Detail]

Download: New_York-2017-A01202-Introduced.html

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                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.