Bill Text: NY A09563 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to the relocation of residential health care facility long-term ventilator beds.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2016-03-16 - referred to health [A09563 Detail]

Download: New_York-2015-A09563-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9563
                   IN ASSEMBLY
                                     March 16, 2016
                                       ___________
        Introduced by M. of A. WALKER -- read once and referred to the Committee
          on Health
        AN  ACT to amend the public health law, in relation to the relocation of
          residential health care facility long-term ventilator beds
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Subdivision 2 of section 2802 of the public health law, as
     2  amended by section 58 of part A of chapter 58 of the laws  of  2010,  is
     3  amended to read as follows:
     4    2. The commissioner shall not act upon an application for construction
     5  of  a  hospital  until the public health and health planning council and
     6  the health systems agency have had a reasonable  time  to  submit  their
     7  recommendations, and unless (a) the applicant has obtained all approvals
     8  and  consents  required  by  law  for its incorporation or establishment
     9  (including the approval of the public health and health planning council
    10  pursuant to the provisions of this article) provided, however, that  the
    11  commissioner  may  act upon an application for construction by an appli-
    12  cant possessing a valid operating certificate when the application qual-
    13  ifies for review without the recommendation of the council  pursuant  to
    14  regulations  adopted by the council and approved by the commissioner, or
    15  as otherwise authorized by this section; and  (b)  the  commissioner  is
    16  satisfied  as  to  the public need for the construction, at the time and
    17  place and under the circumstances proposed, provided  however  that,  in
    18  the  case  of an application by a hospital established or operated by an
    19  organization defined in subdivision one of section four hundred  eighty-
    20  two-b  of the social services law, the needs of the members of the reli-
    21  gious denomination concerned, for care or treatment in  accordance  with
    22  their  religious  or  ethical  convictions, shall be deemed to be public
    23  need.
    24    § 2. Section 2802 of the public health law is amended by adding a  new
    25  subdivision 2-c to read as follows:
    26    2-c.  An  application  for the relocation of long-term ventilator beds
    27  from one residential health care facility to another residential  health
    28  care  facility  with common ownership shall be subject to limited review
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14648-01-6