2023 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.