§ 2807-Z — Review of eligible federally qualified health center capital projects

§ 2807-z. Review of eligible federally qualified health center capital\nprojects. 1. Notwithstanding any provision of this chapter or\nregulations or any other state law or regulation, for any eligible\ncapital project as defined in subdivision six of this section, the\ndepartment shall have thirty days of receipt of the certificate of need\napplication for a limited or administrative review to deem such\napplication complete. If the department determines the application is\nincomplete or that more information is required, the department shall\nnotify the applicant in writing within thirty days of the date of the\napplication's submission, and the applicant shall have twenty business\ndays to provide additional information or otherwise correct the\ndeficiency in the application.\n 2. For an eligible capital project requiring a limited or\nadministrative review, within ninety days of the department deeming the\napplication complete, the department shall make a decision to approve or\ndisapprove the certificate of need application for such project. If the\ndepartment determines to disapprove the project, the basis for such\ndisapproval shall be provided in writing; however, disapproval shall not\nbe based on the incompleteness of the application. If the department\nfails to take action to approve or disapprove the application within\nninety days of the certificate of need application being deemed\ncomplete, the application will be deemed approved.\n 3. For an eligible capital project requiring full review by the\ncouncil, the certificate of need application shall be placed on the next\ncouncil agenda following the department deeming the application\ncomplete.\n 4. Where the commissioner or department requires the applicant to\nsubmit a contingency submission for an eligible capital project, the\ncommissioner or department shall have thirty days to review and approve\nor disapprove the contingency submission. If the commissioner or\ndepartment determines that the contingency submission is incomplete, it\nshall so notify the applicant in writing and provide the applicant with\nten business days to correct the deficiency or provide additional\ninformation. If the commissioner or department determines to disapprove\nthe contingency submission, the basis for such disapproval shall be\nprovided in writing; however, disapproval shall not be based on the\nincompleteness of the application. Within fifteen days of complete\ncontingency satisfaction, the commissioner or department shall transmit\nthe final approval letter to the applicant.\n 5. The department shall develop expedited pre-opening survey processes\nfor eligible capital projects approved under this section, but under no\ncircumstances shall pre-opening survey reviews be scheduled later than\nthirty days after final approval, construction completion and\nnotification of such completion of the department.\n 6. Definitions. For the purposes of this section the following terms\nshall be defined as follows:\n (a) "Eligible capital project" shall mean:\n (i) A project that does not involve the establishment of a new\noperator pursuant to section twenty-eight hundred one-a of this article,\nwith a total budget of three million dollars or more funded, in whole or\nin part, with federal monies pursuant to section 330 of the Public\nHealth Service (PHS), 42 USC 254b, as amended; or\n (ii) A project that does not involve the establishment of a new\noperator pursuant to section twenty-eight hundred one-a of this article,\nwith a total budget of three million dollars or more funded, in whole or\nin part, with federal monies pursuant to the federal Capital\nDevelopment-Building Capacity (CD-BC) Grant Program and Immediate\nFacility Improvements (CD-IFI) Grant Program, as authorized by the\nPatient Protection and Affordable Care Act (Affordable Care Act)((P.L.\n111-148), Section 10503(c)).\n (b) "Budget" shall mean the budget for the capital project.\n 7. Capital projects, with a total budget of less than three million\ndollars that do not involve the establishment of a new operator pursuant\nto section twenty-eight hundred one-a of this article, funded in whole\nor in part through section 330 of the Public Health Service (PHS), 42\nUSC 254b, as amended, or through the federal Capital\nDevelopment-Building Capacity (CD-BC) Grant Program and Immediate\nFacility Improvements (CD-IFI) Grant Program, as authorized by the\nPatient Protection and Affordable Care Act (Affordable Care Act)((P.L.\n111-148), Section 10503(c)), shall not be subject to the requirements\nset forth in this section or any other law or regulation regarding\ncertificate of need process or requirements.\n 8. For capital projects exempt from certificate of need requirements\npursuant to subdivision seven of this section, the department shall (a)\nestablish mechanisms to account for the capital costs of such projects\nin the applicant's rate of payment by governmental agencies established\npursuant to section twenty-eight hundred seven of this article; (b)\nestablish licensure requirements for such facility, which shall include\npayment of the fees specified at subdivision seven of section\ntwenty-eight hundred two of this article; and (c) deem such facilities\neligible for uncompensated care reimbursement made available pursuant to\nsection seven of chapter four hundred thirty-three of the laws of\nnineteen hundred ninety-seven, as amended by section seventy-five of\nchapter one of the laws of nineteen hundred ninety-nine.\n 9. The commissioner shall promulgate regulations, and may promulgate\nemergency regulations, to implement the provisions of this section. To\nthe extent that the commissioner has not promulgated such regulations,\nprojects that would otherwise be exempt from certificate of need\nrequirements may be processed, at the option of the applicant, in\naccordance with statutes and regulations governing the certificate of\nneed process.\n