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HANYS-Backed CON Bill Advances in State Senate; Introduced in Assembly

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The New York State Senate Health Committee approved a bill (S.4992, Hannon) that would remove all routine maintenance and non-clinical projects from the Certificate of Need (CON) process and eliminate the requirement for pre-opening surveys for certain projects. The bill was introduced today in the Assembly (A.7665, Russell).

The legislation, available to members on HANYS’ Web site, requires passage by the full Senate and Assembly.

HANYS helped develop this legislation as part of its regulatory reform agenda to continue efforts to remove routine health care facility projects from the CON process.

Under the proposal, the following types of projects would no longer require any type of prior state approval or review, regardless of the cost of the project: 

  • repair or maintenance, including routine purchases and acquisition of minor equipment;
  • non-clinical infrastructure projects, including replacement of heating, ventilating, and air conditioning systems, roofs, fire alarm and call bell systems, parking lots, and elevators; and
  • one-for-one equipment replacements, including replacement of equipment with another piece of equipment used for similar purposes but employing advanced technology, provided that written notice is submitted to the Department of Health (DOH) together with, when appropriate, written certification that the project meets all applicable statutes, codes, and regulations specified in the certification statement.

The proposal would also allow the state to forgo pre-opening surveys when facilities agree to self-certify compliance with all applicable construction guidelines and regulations.  Contact: Frederick Heigel


Published May 13, 2011