N.Y. PBH Law § 4006 — New York Code / Act PBH / Article 40 / Section 4006
Hospice construction
Status: in_force

§ 4006. Hospice construction. 1. The construction of a hospice shall\nrequire the prior approval of the commissioner.\n  2. 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 hospice is located.\n  3. The commissioner shall not act upon an application for construction\nunless (a) the applicant has obtained all approvals and consents\nrequired by law for its incorporation or establishment (including the\napproval of the public health and health planning council pursuant to\nthe provisions of this article) and until the public health and health\nplanning council and the health systems agency concerned have had a\nreasonable time to submit their recommendations, and (b) the\ncommissioner is satisfied as to the public need for the construction, at\nthe time and place and under the circumstances proposed.\n  4. Subject to the provisions of paragraph (b) of subdivision three of\nthis section, the commissioner in approving the construction shall take\ninto consideration and be empowered to request information and advice as\nto (a) the availability of facilities or services which currently serve\nas alternatives or substitutes for the whole or any part of the proposed\nconstruction; (b) the need for program changes in view of existing\nutilization at the time and place and under the circumstances proposed;\n(c) the adequacy of financial resources and sources of future revenue;\nand (d) whether the hospice has been operated in substantial compliance\nwith all applicable laws, rules and regulations.\n  5. In determining whether there is a public need for the proposed\nconstruction pursuant to subdivisions three and four of this section,\nthe commissioner shall consider the advice of the state health planning\nand development agency designated pursuant to the provisions of the\nnational health planning and resources development act of nineteen\nhundred seventy-four and any amendments thereto.\n  6. No governmental agency shall construct a hospice without securing\nthe written approval of the commissioner in accordance with the\napplicable requirements and procedures of the preceding subdivisions.\n  7. If the commissioner proposes to disapprove an application for\nconstruction of a hospice, he shall afford the applicant an opportunity\nto request a public hearing. The commissioner shall not take any action\ncontrary to the advice of the health systems agency until he affords an\nopportunity to the agency to request a public hearing and, if so\nrequested, a public hearing shall he held.\n  8. The commissioner, on his own motion, may hold a public hearing on\nan application for construction of a hospice.\n  9. (a) The commissioner shall charge to applicants for construction of\na hospice an application fee of two thousand dollars.\n  (b) At such time as the commissioner's written approval of the\nconstruction is granted, each such applicant shall pay an additional fee\nof thirty hundredths of one percent of the total capital value of the\napplication.\n  (c) All fees pursuant to this section shall be payable to the\ndepartment of health for deposit into the special revenue fund - other,\nmiscellaneous special revenue fund - 339, certificate of need account.\n