2010 New York Code
PBH - Public Health
Article 40 - (4000 - 4015) 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 state hospital review  and  planning  council  and  the
  health systems agency having geographical jurisdiction of the area where
  the hospice is located.
    * NB Effective until December 1, 2010
    * 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.
    * NB Effective December 1, 2010
    * 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  council  pursuant  to  the
  provisions  of  this  article)  and  until the state hospital review and
  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.
    * NB Effective until December 1, 2010
    * 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.
    * NB Effective December 1, 2010
    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.