S T A T E   O F   N E W   Y O R K
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                                  10606

                          I N  A S S E M B L Y

                              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:

  Section  1.  Section  2807-z  of  the  public  health law, as added by
section 36 of part D of chapter 56 of the laws of 2012,  is  amended  to
read as follows:
  S 2807-z. [Limited or administrative review] REVIEW OF ELIGIBLE FEDER-
ALLY  QUALIFIED  HEALTH CENTER CAPITAL PROJECTS.  1. Notwithstanding any
provision of this chapter or regulations or any other state law or regu-
lation, for any eligible capital project as defined in  subdivision  six
of this section, the department shall have thirty days of receipt of the
certificate  of  need application for a limited or administrative review
to deem such application complete.  If  the  department  determines  the
application  is  incomplete  or  that  more information is required, the
department shall notify the applicant in writing within thirty  days  of
the  date  of the application's submission, and the applicant shall have
twenty business days to  provide  additional  information  or  otherwise
correct the deficiency in the application.
  2.  For an eligible capital project requiring a limited or administra-
tive review, within ninety days of the department deeming  the  applica-
tion  complete, the department shall make a decision to approve [(and in
the case of limited reviews)] or  disapprove  the  certificate  of  need
application for such project. If the department determines to disapprove
the  project,  the basis for such disapproval shall be provided in writ-
ing; however, disapproval shall not be based on  the  incompleteness  of
the  application.  If  the department fails to take action to approve or
disapprove the application within ninety days of the certificate of need
application being  deemed  complete,  the  application  will  be  deemed
approved.
  3.  For  an  eligible  capital  project  requiring  full review by the
[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

need  application  shall  be  placed  on the next [PHHPC] COUNCIL agenda
following the department deeming the application complete.
  4.  Where  the  commissioner  or  department requires the applicant to
submit a contingency submission for an  eligible  capital  project,  the
commissioner  or department shall have thirty days to review and approve
or disapprove the contingency submission. If the commissioner or depart-
ment determines that the contingency submission is incomplete, it  shall
so  notify  the  applicant in writing and provide the applicant with ten
business days to correct the deficiency or provide  additional  informa-
tion.  If  the  commissioner  or department determines to disapprove the
contingency [of the] submission, the basis for such disapproval shall be
provided in writing; however, disapproval shall  not  be  based  on  the
incompleteness  of  the  application.  Within  fifteen  days of complete
contingency satisfaction, the commissioner or department shall  transmit
the final approval letter to the applicant.
  5. The department shall develop expedited pre-opening survey processes
for  eligible  capital projects approved under [subdivision one of] this
section, but under no circumstances shall pre-opening survey reviews  be
scheduled  later  than  thirty  days  after final approval, CONSTRUCTION
COMPLETION AND NOTIFICATION OF SUCH COMPLETION OF THE DEPARTMENT.
  6. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION THE  FOLLOWING  TERMS
SHALL BE DEFINED AS FOLLOWS:
  (A) "Eligible capital project" shall mean:
  [(a)] (I) A project [whose] THAT DOES NOT INVOLVE THE ESTABLISHMENT OF
A  NEW  OPERATOR  PURSUANT TO SECTION TWENTY-EIGHT HUNDRED ONE-A OF THIS
ARTICLE, WITH A total budget [is] OF three million dollars or more fund-
ed, IN WHOLE OR IN PART, with federal monies pursuant to section 330  of
the Public Health Service (PHS), 42 USC 254b, as amended; or
  [(b)]  (II)  A project [whose] THAT DOES NOT INVOLVE THE ESTABLISHMENT
OF A NEW OPERATOR PURSUANT TO SECTION TWENTY-EIGHT HUNDRED ONE-A OF THIS
ARTICLE, WITH A total budget [is] OF three million dollars or more fund-
ed, IN WHOLE OR IN PART, with federal monies  pursuant  to  the  federal
Capital  Development-Building Capacity (CD-BC) Grant Program and Immedi-
ate Facility Improvements (CD-IFI) Grant Program, as authorized  by  the
Patient  Protection  and Affordable Care Act (Affordable Care Act)((P.L.
111-148), Section 10503(c)).
  (B) "BUDGET" SHALL MEAN THE BUDGET FOR THE CAPITAL PROJECT.
  7. Capital [protects] PROJECTS, WITH A TOTAL BUDGET OF LESS THAN THREE
MILLION DOLLARS THAT DO NOT INVOLVE THE ESTABLISHMENT OF A NEW  OPERATOR
PURSUANT  TO  SECTION TWENTY-EIGHT HUNDRED ONE-A OF THIS ARTICLE, funded
in whole or in part through section 330 of  the  Public  Health  Service
(PHS),  42  USC  254b,  as  amended, or [whose total budget is less than
three million dollars shall not be subject to  the  provisions  of  this
section  or]  THROUGH  the federal Capital Development-Building Capacity
(CD-BC) Grant Program and Immediate Facility Improvements (CD-IFI) Grant
Program, as authorized by the Patient Protection and Affordable Care Act
(Affordable Care Act)((P.L. 111-148), Section 10503(c)),  shall  not  be
subject  to  the requirements set forth in this section or any other law
or regulation regarding certificate of need process or requirements.
  8. FOR CAPITAL PROJECTS EXEMPT FROM CERTIFICATE OF  NEED  REQUIREMENTS
PURSUANT  TO SUBDIVISION SEVEN OF THIS SECTION, THE DEPARTMENT SHALL (A)
ESTABLISH MECHANISMS TO ACCOUNT FOR THE CAPITAL COSTS OF  SUCH  PROJECTS
IN  THE APPLICANT'S RATE OF PAYMENT BY GOVERNMENTAL AGENCIES ESTABLISHED
PURSUANT TO SECTION TWENTY-EIGHT HUNDRED  SEVEN  OF  THIS  ARTICLE;  (B)
ESTABLISH  LICENSURE REQUIREMENTS FOR SUCH FACILITY, WHICH SHALL INCLUDE
PAYMENT  OF  THE  FEES  SPECIFIED  AT  SUBDIVISION  SEVEN   OF   SECTION

A. 10606                            3

TWENTY-EIGHT  HUNDRED  TWO OF THIS ARTICLE; AND (C) DEEM SUCH FACILITIES
ELIGIBLE FOR UNCOMPENSATED CARE REIMBURSEMENT MADE AVAILABLE PURSUANT TO
SECTION SEVEN OF CHAPTER FOUR HUNDRED THIRTY-THREE OF THE LAWS OF  NINE-
TEEN HUNDRED NINETY-SEVEN, AS AMENDED BY SECTION SEVENTY-FIVE OF CHAPTER
ONE OF THE LAWS OF NINETEEN HUNDRED NINETY-NINE.
  9.  THE  COMMISSIONER SHALL PROMULGATE REGULATIONS, AND MAY PROMULGATE
EMERGENCY REGULATIONS, TO IMPLEMENT THE PROVISIONS OF THIS  SECTION.  TO
THE  EXTENT  THAT THE COMMISSIONER HAS NOT PROMULGATED SUCH REGULATIONS,
PROJECTS THAT  WOULD  OTHERWISE  BE  EXEMPT  FROM  CERTIFICATE  OF  NEED
REQUIREMENTS  MAY  BE  PROCESSED,  AT  THE  OPTION  OF THE APPLICANT, IN
ACCORDANCE WITH STATUTES AND REGULATIONS GOVERNING  THE  CERTIFICATE  OF
NEED PROCESS.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012.