Bill Text: NY A09939 | 2013-2014 | General Assembly | Amended

---

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-06-09 - print number 9939a [A09939 Detail]

Download: New_York-2013-A09939-Amended.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        9939--A
                                 I N  A S S E M B L Y
                                     June 2, 2014
                                      ___________
       Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Russell) --
         read once and  referred  to  the  Committee  on  Health  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       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. Section 2802 of the public health law is amended by adding
    2  two new subdivisions 8 and 9 to read as follows:
    3    8. NOTWITHSTANDING ANY LAW, RULE, OR REGULATION TO THE CONTRARY,  THIS
    4  SUBDIVISION  SHALL  APPLY  TO  ANY APPLICATION FOR CONSTRUCTION REQUIRED
    5  UNDER THIS SECTION WITH  THE  EXCEPTION  OF  THOSE  FEDERALLY  QUALIFIED
    6  HEALTH  CENTER  CAPITAL PROJECTS SUBJECT TO SECTION TWENTY-EIGHT HUNDRED
    7  SEVEN-Z OF THIS ARTICLE.
    8    (A) FOR AN APPLICATION REQUIRING A LIMITED OR  ADMINISTRATIVE  REVIEW,
    9  WITHIN  NINETY  CALENDAR  DAYS OF THE DEPARTMENT DEEMING THE APPLICATION
   10  COMPLETE, THE COMMISSIONER SHALL MAKE A DECISION TO  APPROVE  OR  DISAP-
   11  PROVE  THE APPLICATION. IF THE COMMISSIONER DETERMINES TO DISAPPROVE THE
   12  APPLICATION, THE BASIS FOR SUCH DISAPPROVAL SHALL BE PROVIDED  IN  WRIT-
   13  ING;  HOWEVER,  DISAPPROVAL  SHALL NOT BE BASED ON THE INCOMPLETENESS OF
   14  THE APPLICATION. IF THE COMMISSIONER FAILS TO TAKE ACTION TO APPROVE  OR
   15  DISAPPROVE  THE  APPLICATION WITHIN NINETY CALENDAR DAYS OF THE APPLICA-
   16  TION BEING DEEMED COMPLETE, THE APPLICATION SHALL BE DEEMED APPROVED.
   17    (B) FOR AN APPLICATION REQUIRING  FULL  REVIEW  BY  THE  COUNCIL,  THE
   18  APPLICATION  SHALL  BE  PLACED  ON THE NEXT COUNCIL AGENDA FOLLOWING THE
   19  DEPARTMENT DEEMING THE APPLICATION COMPLETE.
   20    (C) WHERE THE COMMISSIONER OR DEPARTMENT  REQUIRES  THE  APPLICANT  TO
   21  SUBMIT  INFORMATION TO SATISFY A CONTINGENCY FOR A CONSTRUCTION PROJECT,
   22  THE COMMISSIONER OR DEPARTMENT SHALL HAVE THIRTY CALENDAR DAYS TO REVIEW
   23  AND APPROVE OR DISAPPROVE THE SUBMITTED INFORMATION. IF THE COMMISSIONER
   24  OR DEPARTMENT DETERMINES THAT THE SUBMITTED INFORMATION  IS  INCOMPLETE,
   25  IT  SHALL  SO  NOTIFY THE APPLICANT IN WRITING AND PROVIDE THE APPLICANT
   26  WITH TEN CALENDAR DAYS TO CORRECT THE DEFICIENCY OR  PROVIDE  ADDITIONAL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15126-03-4
       A. 9939--A                          2
    1  INFORMATION.  IF  THE  COMMISSIONER  OR  DEPARTMENT  DETERMINES THAT THE
    2  SUBMITTED INFORMATION DOES NOT SATISFY THE CONTINGENCY,  THE  BASIS  FOR
    3  SUCH  DISAPPROVAL  SHALL  BE  PROVIDED  IN WRITING; HOWEVER, DISAPPROVAL
    4  SHALL  NOT  BE  BASED  ON  THE INCOMPLETENESS OF THE APPLICATION. WITHIN
    5  FIFTEEN CALENDAR DAYS OF COMPLETE SATISFACTION  OF  A  CONTINGENCY,  THE
    6  COMMISSIONER  OR  DEPARTMENT SHALL TRANSMIT THE FINAL APPROVAL LETTER TO
    7  THE APPLICANT.
    8    (D) THE DEPARTMENT SHALL DEVELOP EXPEDITED  PRE-OPENING  SURVEY  PROC-
    9  ESSES FOR APPLICATIONS APPROVED UNDER THIS SECTION, BUT UNDER NO CIRCUM-
   10  STANCES  SHALL PRE-OPENING SURVEY REVIEWS BE SCHEDULED LATER THAN THIRTY
   11  CALENDAR DAYS AFTER FINAL APPROVAL, CONSTRUCTION COMPLETION AND  NOTIFI-
   12  CATION OF SUCH COMPLETION OF THE DEPARTMENT.
   13    9.  WITH REGARD TO ANY CONSTRUCTION PROJECT REQUIRING SUBMISSION OF AN
   14  APPLICATION PURSUANT TO THIS SECTION WHERE THE COMMISSIONER  HAS  DETER-
   15  MINED  THAT A WRITTEN CERTIFICATION BY AN ARCHITECT OR ENGINEER LICENSED
   16  PURSUANT TO ARTICLE ONE HUNDRED FORTY-FIVE OR ONE HUNDRED FORTY-SEVEN OF
   17  THE EDUCATION LAW THAT THE PROJECT MEETS APPLICABLE REGULATIONS  OF  THE
   18  DEPARTMENT  CAN  BE  ACCEPTED,  THE  SUBMISSION BY THE APPLICANT OF SUCH
   19  COMPLETE AND FULLY EXECUTED CERTIFICATION  BY  CERTIFIED  OR  REGISTERED
   20  MAIL  WITH  A RETURN RECEIPT SIGNED BY THE DEPARTMENT SHALL CONSTITUTE A
   21  FULFILLMENT OF THE CERTIFICATION REQUIREMENT AND  THE  DEPARTMENT  SHALL
   22  PROCEED WITH THE PROCESSING OF SUCH APPLICATION. NOTHING IN THIS SECTION
   23  SHALL  BE  CONSTRUED  AS  PROHIBITING  THE  DEPARTMENT  UPON SURVEY FROM
   24  REQUIRING SUBSEQUENT CORRECTIONS TO THE PROJECT TO MEET  THE  APPLICABLE
   25  REGULATIONS.
   26    S 2. This act shall take effect on the one hundred twentieth day after
   27  it shall have become a law.