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.