§ 2802. Approval of construction. The construction of a hospital,\nwhether public or private, incorporated or not incorporated, shall\nrequire the prior approval of the commissioner.\n 1. An application for such construction shall be filed with the\ndepartment, together with such other forms and information as shall be\nprescribed by, or acceptable to, the department. Thereafter the\ndepartment shall forward a copy of the application and accompanying\ndocuments to the public health and health planning council and the\nhealth systems agency, if any, having geographical jurisdiction of the\narea where the hospital is located.\n 1-a. The following types of construction projects by a hospital\npossessing a valid operating certificate shall not require prior\napproval pursuant to this section, provided that a written notice has\nbeen submitted to the department together with, where appropriate, a\nwritten architect and/or engineering certification that the project\nmeets the applicable statutes, codes and regulations specified in the\ncertification statement and, where required by the department, the\nhospital shall implement a plan to protect patient safety during\nconstruction:\n (a) correction of cited deficiencies, provided that the construction\nis limited to the correction of the deficiencies and is authorized by a\nplan of correction approved by the department;\n (b) repair or maintenance, regardless of cost, including routine\npurchases and the acquisition of minor equipment undertaken in the\ncourse of a hospital's inventory control functions; provided that for\nprojects under this paragraph with a total cost of up to six million\ndollars, no written notice shall be required;\n (c) non-clinical infrastructure projects regardless of cost including,\nbut not limited to, replacement of heating, ventilating and air\nconditioning systems, roofs, fire alarm and call bell systems, parking\nlots and elevators;\n (d) one for one equipment replacements regardless of cost, including\nreplacement of equipment with another piece of equipment used for\nsimilar purposes but employing current technology; and\n (e) other projects as specified in regulations adopted by the council\nand approved by the commissioner.\n 1-b. The commissioner is authorized to waive any requirement for\npre-opening certifications and/or surveys for construction projects\napproved in accordance with this section.\n 2. The commissioner shall not act upon an application for construction\nof a hospital until the public health and health planning council and\nthe health systems agency have had a reasonable time to submit their\nrecommendations, and unless (a) the applicant has obtained all approvals\nand consents required by law for its incorporation or establishment\n(including the approval of the public health and health planning council\npursuant to the provisions of this article) provided, however, that the\ncommissioner may act upon an application for construction by an\napplicant possessing a valid operating certificate when the application\nqualifies for review without the recommendation of the council pursuant\nto regulations adopted by the council and approved by the commissioner,\nor as otherwise authorized by this section; and (b) the commissioner is\nsatisfied as to the public need for the construction, at the time and\nplace and under the circumstances proposed, provided however that, in\nthe case of an application by a hospital established or operated by an\norganization defined in subdivision one of section four hundred\neighty-two-b of the social services law, the needs of the members of the\nreligious denomination concerned, for care or treatment in accordance\nwith their religious or ethical convictions, shall be deemed to be\npublic need.\n 2-a. The council shall afford the applicant an opportunity to present\ninformation in person concerning an application to a committee\ndesignated by the council.\n 2-b. Beginning on January first, nin
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