§ 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.