SUMMARY OF EXPRESS TERMS - Government of New York

1 Standards of construction for Health Care Facilities Effective date: 12/29/10 SUMMARY OF EXPRESS TERMS Title 10 of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR) Parts 711, 712, 713, 715 and 716 set forth the architectural, engineering, equipment and construction and other physical environment standards for all health facilities subject to Department of Health oversight pursuant to Public Health Law (PHL) Article 28. Proposed Revisions to 10 NYCRR Part 711 10 NYCRR Section would be revised to more clearly identify the facilities and the standards that are subject to regulation.

2 In addition, language would be added to clearly identify construction related information that must be filed with construction applications. The proposal would clarify the process for submitting a construction application. 10 NYCRR Section would be revised to require health care facilities to comply with more current National Fire Protection Association ("NFPA") standards, including NFPA 101, Life Safety Code, 2000 edition, which is the life safety code currently mandated by the federal Government for Medicare and Medicaid certification.

3 In addition, 10 NYCRR Section would be revised to require that health care facilities comply with more current national codes addressing radiation protection, facility heating, cooling and ventilation (HVAC) and gas and vacuum systems. 10 NYCRR section would be revised to require that future health care facility construction conform to the 2010 edition of Guidelines for Design and construction of Health Care Facilities. 10 NYCRR Section , which establishes general site requirements for health care facilities, would be revised to clarify language, add requirements for facility occupants other than patients and eliminate outdated site requirements.

4 10 NYCRR Sections , , , , and would be repealed. New 10 NYCRR Section would set forth specific requirements for obtaining waivers of construction standards. Proposed Revisions to 10 NYCRR Part 712 The regulatory proposal would repeal existing 10 NYCRR Part 712, which includes standards of construction for some hospitals, and replace it with a new Part 712 (Standards of construction for General Hospital Facilities). The proposal would consolidate all requirements specific to general hospital construction into 10 NYCRR Part 712.

5 New Part 712 would be divided into two Subparts based on the date when general hospital construction was or is to be undertaken. New Subpart 712-1 would set forth minimum construction and physical environment standards applicable to general hospitals built and to portions of general hospitals altered or renovated pursuant to Department or commissioner approval granted prior to October 14, 1998 and to general hospital construction projects not requiring such approvals that were completed prior to October 14, 1998.

6 New Subpart 712-1 would 2include requirements in existing 10 NYCRR Section and existing 10 NYCRR Part 712. New Subpart 712-2 would set forth minimum construction and physical environment standards applicable to general hospitals built and to portions of general hospitals altered or renovated pursuant to Department or commissioner approval granted on or after October 14, 1998 and to general hospital construction projects not requiring such approvals that were or will be completed after October 14, 1998.

7 New Subpart 712-2 would require that construction projects comply with Guidelines for Design and construction of Health Care Facilities and would include some additional regulatory requirements. Proposed Revisions to 10 NYCRR Part 713 The regulatory proposal would repeal existing Part 713, which sets forth construction standards for some nursing homes, and replace it with a new Part 713 (Standards of construction for Nursing Home Facilities). The proposal would consolidate all requirements specific to nursing home construction into 10 NYCRR Part 713.

8 Part 713 would be divided into four subparts based on the date when nursing home construction was or is to be undertaken. Subpart 713-1 would set forth minimum construction and physical environment standards applicable to nursing home facilities built, to portions of nursing homes facilities renovated or altered prior to August 25, 1975 and to nursing home construction projects approved by the commissioner or Department prior to August 25, 1975. New Subpart 713-1 would include requirements that are in existing 10 NYCRR Section 3 Subpart 713-2 would set forth minimum construction and physical environment standards applicable to nursing home facilities built, to portions of nursing homes facilities renovated or altered between August 25, 1975 and July 1, 1990 and to nursing home construction projects approved by the commissioner or Department between August 25, 1975 and July 1, 1990.

9 Subpart 713-2 would include requirements that are in existing 10 NYCRR Section Subpart 713-3 would set forth minimum construction and physical environment standards applicable to nursing home facilities built, to portions of nursing homes facilities renovated or altered between July 1, 1990 and December 31, 2010 and to nursing home construction projects approved by the commissioner or Department between July 1, 1990 and December 31, 2010 . Subpart 713-3 would incorporate by reference Guidelines for Design and construction of Health Care Facilities.

10 Additional requirements not addressed in this document would be included in the proposed Subpart. Subpart 713-4 would set forth minimum construction and physical environment standards applicable to nursing home facilities built, to portions of nursing homes facilities renovated or altered after December 31, 2010 and to nursing home construction projects approved by the commissioner or Department after December 31, 2010 . Subpart 713-4 would require that construction projects comply with the 2010 edition of the Guidelines for Design and construction of Health Care Facilities as well as additional regulatory requirements.