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Title: Section 710.11 - Schedule for construction applications

Effective Date


710.11 Schedule for construction applications. The commissioner, after consultation with the health systems agencies, shall establish a schedule for the review of project scope and concept construction applications by the health systems agencies, the department and the council. Such schedule shall require that:

(a) review periods will be established by the commissioner with the agreement of the health systems agencies for the consideration of applications proposing similar types of construction and services; each review period for similar types of construction and services will occur not less than once each year;

(b)(1) beginning on January 1, 1994, applications received between January 1 and June 30 of each year shall be reviewed by the health systems agencies and the department and presented to the council for its consideration prior to June 30 of the following year and applications received between July 1 and December 31 of each year shall be reviewed by the health systems agencies and the department and presented to the council for consideration prior to December 31 of the following year; and

(2) applications which the Commissioner has determined address high priority health care needs for which there is a demonstrated acute shortage of particular equipment and/or services or as may be indicated by the application of existing need regulations in Part 709 of this Subchapter for specific services and equipment, may be processed more quickly than the 6 month batch provided for in paragraph (1) of this subdivision, as an expedited batch; provided, however, that the Department shall advise the health care industry, and all specific parties known to be interested or who have requested such notification in writing, at least three months in advance of the date on which it intends to commence a particular expedited batch.

(c) to qualify for review during the appropriate review period, an application shall meet criteria established by the commissioner to assure the application is complete in order to permit substantive review;

(d) applications requesting emergency construction resulting from unforeseen circumstances necessary to protect patient care and safety or primary care applications proposed to be funded by State grant money or primary care applications for freestanding facilities proposed to be funded under Federal Public Law 95-210, 93-222 or 89-4, as amended, or proposed by an organization authorized to operate pursuant to article 44 of the Public Health Law, as amended, shall be reviewed promptly;

(e) the commissioner after consultation with the health systems agencies shall establish procedures to be followed by health systems agencies when making recommendations to the department; such procedures shall include a relative priority of applications;

(f) a health systems agency recommendation that is inconsistent with the provisions of Article 1 of the State Hospital Code on the determination of public need for medical facility construction shall be explained and documented by the agency; when the department makes a decision contrary to the recommendation of the health systems agency, the department shall document the reason for such decision.


VOLUME D (Title 10)