New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 9 - Hospice Operation › Part 791 - Approval Of Hospice Construction › Section 791.6 - Abandonment of an application and the expiration, withdrawal and annulment of prior approvals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 failure, neglect or refusal of an applicant to implement in a timely manner an
					 approved application for construction that must be implemented within the time
					 limits set forth in section
					 791.5(a) of this
					 Part or, with respect to such application, to comply with the provisions of
					 paragraph (1), (7), (8) or (9) of subdivision (b) of this section shall
					 constitute an abandonment of the application by the applicant and result in the
					 expiration, withdrawal and annulment of the commissioner's approval.
(b) The failure, neglect or refusal of an
					 applicant who has received approval for the repair, maintenance, alteration,
					 acquisition, erection or building of a hospice inpatient facility or unit, or
					 hospice residence, or part thereof to conform to the following requirements
					 within the prescribed times, unless otherwise authorized in writing by the
					 commissioner, shall constitute an abandonment of the application by the
					 applicant and result in the expiration, withdrawal and annulment of the
					 commissioner's approval:
(1) amending the
					 application to supply or correct any and all deficiencies in any of the matters
					 required to be set forth therein and to file same within 30 days after issuance
					 of notice of such deficiencies;
(2)
					 obtaining and having such estate or interest in the site, including necessary
					 easements and rights-of-way, sufficient to assure use and possession for the
					 purpose of the construction and operation of the facility;
(3) completing and filing design development
					 drawings and revised project cost estimates within 120 days after approval of
					 the project by the commissioner;
(4) completing and filing final drawings and
					 specifications, including cost estimates within 150 days after issuance of
					 favorable review of design development drawings and revised project cost
					 estimates;
(5) securing approval of
					 final drawings, specifications and cost estimates prior to contracting for
					 construction;
(6) after issuance of
					 the approval of final drawings, specifications and cost estimates:
(i) initiating construction within 120
					 days;
(ii) proceeding therewith at
					 a reasonable rate; and
(iii)
					 completing and equipping the project within the completion time
					 specified;
(7) securing
					 approval of any change relating to the project, the project costs, the terms of
					 any permanent financing arrangement or any major item or items of equipment
					 during construction;
(8) applying
					 for a certificate of approval within 30 days after issuance of approval of the
					 completed project when applicable; and
(9) maintaining the assurances given pursuant
					 to section
					 791.3(a)(2) of
					 this Part.