2013 New York Consolidated Laws
PBH - Public Health
Article 28 - (2800 - 2824*2) HOSPITALS
2807-Z - Review of eligible federally qualified health center capital projects.

 
    § 2807-z. Review of eligible federally qualified health center capital
  projects.   1.   Notwithstanding   any  provision  of  this  chapter  or
  regulations or any other state  law  or  regulation,  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
  administrative review, within ninety days of the department deeming  the
  application complete, the department shall make a decision to approve 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 writing; 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
  council, the certificate of need application shall be placed on the next
  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
  department 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
  information.  If the commissioner or department determines to disapprove
  the contingency 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 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:
    (i) A project 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 of three million dollars or more funded, in whole or
  in  part,  with  federal  monies  pursuant  to section 330 of the Public
  Health Service (PHS), 42 USC 254b, as amended; or
    (ii) A project 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 of three million dollars or more funded, in whole or
  in   part,   with   federal  monies  pursuant  to  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)).
    (b) "Budget" shall mean the budget for the capital project.
    7.  Capital  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    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
  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
  nineteen  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.