2006 New York Code - 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.
    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.
    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.