MVHS Contingencies & Condistions

March 22, 2018

STATE OF NEW YORK PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, page 6 to 15 (PDF): Project #172305-C, Faxton-St Luke’s Healthcare St Lukes Division

Office of Primary Care and Health Systems Management
Approval contingent upon:

1. Submission of a check for the amount enumerated in the approval letter, payable to the New York State Department of Health. Public Health Law Section 2802.7 states that all construction applications requiring review by the Public Health and Health Planning Council shall pay an additional fee of fifty-five hundredths of one percent of the total capital value of the project, exclusive of CON fees. [PMU]

2. Submission of a commitment from St. Elizabeth Medical Center and Mohawk Valley Health System in the form of Board Resolutions, acceptable to the Department, to decertify all inpatient beds at the current St. Elizabeth Medical Center by time the new facility becomes operational. [PMU]

3. Submission of documentation of approval by the Office of Mental Health, acceptable to the Department. [PMU]

4. Submission of documentation confirming final approval of the Health Care Facility Transformation Program: Oneida County grant contract, acceptable to Department of Health. [BFA]

5. Submission of an executed bridge loan commitment, acceptable to the Department of Health. (BFA)

6. Submission of the land appraisal value(s) for the site(s) on which the new replacement facility will be built, acceptable to the Department of Health. [BFA]

7. Submission of the executed land purchase agreement(s) for the site(s) on which the new replacement facility will be built, acceptable to the Department of Health. [BFA]

8. Submission of State Hospital Code (SHC) Drawings, acceptable to the Department, as described in BAEFP Drawing Submission Guidelines DSG-02. [AER]

9. Submission of Engineering (SHC) Drawings, acceptable to the Department, as described in BAEFP Drawing Submission Guidelines DSG-02. [AER]

10. Submission of State Environmental Quality Review (SEQR) Summary of Findings pursuant to 6 NYCRR Part 617.4(b) (6). [SEQ]

Approval conditional upon:

1. The project must be completed within five years from the date of the Public Health and Health Planning Council recommendation letter. Failure to complete the project within the prescribed time shall constitute an abandonment of the application by the applicant and an expiration of the approval. [PMU]

2. On or before the date the new hospital becomes operational, St. Elizabeth Medical Center must decertify all inpatient beds. [PMU]

3. Submission of a bond resolution acceptable to the Department of Health. Included with the submission must be a sources and uses statement and debt amortization schedule, for both new and refinanced debt. [BFA]

4. Construction must start on or before January 1, 2019 and construction must be completed by May 1, 2022, presuming the Department has issued a letter deeming all contingencies have been satisfied prior to commencement. It is the responsibility of the applicant to request prior approval for any changes to the start and completion dates. In accordance with 10 NYCRR Section 710.10(a), if construction is not started on or before the approved start date this shall constitute abandonment of the approval. [PMU]

5. The submission of Final Construction Documents, as described in BAER Drawing Submission Guidelines DSG-05, is required prior to the applicant’s start of construction. [AER]


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