N.Y. Public Health Law § 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.