NY Pub Health L § 2807-Z (2021)
2021 New York Laws PBH - Public Health Article 28 - 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.