N.Y. Public Health Law § 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.