2023 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.