N.Y. Comp. Codes R. & Regs. tit. 10 § 791.3

Current through Register Vol. 46, No. 50, December 11, 2024

Section 791.3 - Application

(a)

(1) The applicant shall submit an original and seven copies of the application for construction, in a format determined by the department.

(2) As part of the application, the applicant shall give the following assurances as appropriate:

(i) that the applicant will obtain the approval of the commissioner of all required plan submissions for any hospice inpatient facility or unit, or hospice residence, which shall conform to the applicable standards of construction and equipment of this Subchapter;

(ii) that, prior to contracting for construction, the applicant will obtain the approval of the commissioner of the final working drawings and specifications for any hospice inpatient facility or unit, or hospice residence, which shall conform to the applicable standards of construction and equipment of this Subchapter;

(iii) that the applicant will cause the project to be completed in accordance with the application and approved plans and specifications;

(iv) that the applicant will provide and maintain competent and adequate architectural or engineering supervision and inspection at the construction site to insure that the completed work conforms with the approved plans and specifications;

(v) that all hospice services will be provided, and the hospice inpatient facility or unit, or hospice residence, will be operated and maintained, in accordance with the standards prescribed by law; and

(vi) that the applicant will adequately equip and staff the hospice inpatient facility or unit, or hospice residence, and all hospice programs of service to assure their proper operation.

(b) All applications shall contain the following information and documentation:

(1) a narrative description of the proposed construction, including the following information when relevant to the proposal:

(i) the location and type of construction;

(ii) a description of the proposed program of services;

(iii) a description of the hospice inpatient facility or unit, or hospice residence, and identification of bed capacity;

(iv) an outline of the hospice's long-range plans;

(v) the need for the proposed project, including its relative priority when compared with other needed equipment, facilities, services or programs of the operator;

(vi) the proposed plan for the organization and operation of the hospice;

(vii) the number and types of personnel to be employed;

(viii) any special or unusual services, programs or equipment to be provided, including a description of educational involvements; and

(ix) a demonstration that the proposed project is feasible and adequate in terms of both short-range and long-range goals;

(2) an analysis demonstrating the need for the proposed construction;

(3) an analysis of equipment, facilities or services which may currently serve as alternatives or substitutes for the whole or any part of the proposed construction;

(4) an outline of the proposed financing of the construction and an analysis demonstrating the financial feasibility of the project including all costs and expenses and sources of revenue, and a line item operating budget; and

(5) such other information and documentation as the commissioner, State Hospital Review and Planning Council or the health systems agency may require.

(c) When the governing authority of a hospice proposes to repair, maintain, alter, acquire, erect or build a physical structure or part thereof to be used for the direct provision of hospice inpatient or hospice residence care and services, the applicant shall also submit five copies of the following information and documentation in a format determined by the department:

(1) an architectural program for the project, including, where applicable:

(i) a list in outline form of the rooms, allocated spaces and service areas;

(ii) a description of the interrelationships that each service area has to another;

(iii) the size of the facility, indicating the total number of beds proposed, the type of rooms, the number of each, and the patient capacity of the facility upon completion of construction;

(iv) a general outline of the type of construction proposed;

(v) a description of proposed alterations or additions to existing structures;

(vi) a statement of the period of time estimated to be required for completion of construction after issuance by the commissioner of approval of the application;

(vii) a general outline description of the energy sources, and the type and location of engineering systems which will be used for heating, cooling, ventilation and electrical distribution;

(viii) a general description of the proposed method of transport of clean and soiled materials and wastes;

(ix) a general outline description of the intended dietary service;

(x) a general description of methods for water supply and sewerage;

(xi) cost estimates; and

(xii) such other information as the commissioner may require;

(2) acceptable concept sketches, consisting of single line free hand sketches of each floor in an appropriate scale, showing the relationship of the various services to each other. The major exit corridors and exit stair locations and circulation shall be indicated, along with existing buildings if additions or alterations are part of the project.

(d) An applicant may be given 30 days in which to supply additional information or correct any deficiencies relating to the application, unless such time period is extended by the department. The failure to supply the information requested or correct the deficiencies in the time specified shall constitute an abandonment of the application by the applicant and result in the withdrawal of the application.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 791.3