NY Pub Health L § 4006 (2021)
2021 New York Laws PBH - Public Health Article 40 - Hospice 4006 - Hospice Construction.

§  4006.  Hospice construction. 1. The construction of a hospice shall require the prior approval of the commissioner.   2. An application for  such  construction  shall  be  filed  with  the department,  together  with such other forms and information as shall be prescribed  by,  or  acceptable  to,  the  department.  Thereafter   the department  shall  forward  a  copy  of the application and accompanying documents to the public health  and  health  planning  council  and  the health  systems  agency, if any, having geographical jurisdiction of the area where the hospice is located.   3. The commissioner shall not act upon an application for construction unless (a)  the  applicant  has  obtained  all  approvals  and  consents required  by  law  for its incorporation or establishment (including the approval of the public health and health planning  council  pursuant  to the  provisions  of this article) and until the public health and health planning council and the health systems  agency  concerned  have  had  a reasonable   time   to   submit   their  recommendations,  and  (b)  the commissioner is satisfied as to the public need for the construction, at the time and place and under the circumstances proposed.   4. Subject to the provisions of paragraph (b) of subdivision three  of this  section, the commissioner in approving the construction shall take into consideration and be empowered to request information and advice as to (a) the availability of facilities or services which currently  serve as alternatives or substitutes for the whole or any part of the proposed construction;  (b)  the  need  for  program  changes in view of existing utilization at the time and place and under the circumstances  proposed; (c)  the  adequacy of financial resources and sources of future revenue; and (d) whether the hospice has been operated in substantial  compliance with all applicable laws, rules and regulations.   5.  In  determining  whether  there  is a public need for the proposed construction pursuant to subdivisions three and four  of  this  section, the  commissioner shall consider the advice of the state health planning and development agency designated pursuant  to  the  provisions  of  the national  health  planning  and  resources  development  act of nineteen hundred seventy-four and any amendments thereto.   6. No governmental agency shall construct a hospice  without  securing the  written  approval  of  the  commissioner  in  accordance  with  the applicable requirements and procedures of the preceding subdivisions.   7. If the commissioner  proposes  to  disapprove  an  application  for construction  of a hospice, he shall afford the applicant an opportunity to request a public hearing. The commissioner shall not take any  action contrary  to the advice of the health systems agency until he affords an opportunity to the agency  to  request  a  public  hearing  and,  if  so requested, a public hearing shall he held.   8.  The  commissioner, on his own motion, may hold a public hearing on an application for construction of a hospice.   9. (a) The commissioner shall charge to applicants for construction of a hospice an application fee of two thousand dollars.  (b) At such  time  as  the  commissioner's  written  approval  of  the construction is granted, each such applicant shall pay an additional fee of  thirty  hundredths  of one percent of the total capital value of the application.  (c) All fees  pursuant  to  this  section  shall  be  payable  to  the department  of health for deposit into the special revenue fund - other, miscellaneous special revenue fund - 339, certificate of need account.