N.Y. Comp. Codes R. & Regs. tit. 10 § 791.5

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

Section 791.5 - Implementation of an approved application

Upon receipt of approval for construction, the governing authority of the hospice shall:

(a) Implement an approved construction application for the addition of any article 40 certified hospice inpatient or hospice residence beds or a change in the method of, or arrangement for, providing hospice inpatient or hospice residence care and services if no physical construction is required; a change in the hospice's geographic service area; the repair, maintenance, alteration or acquisition of equipment; or the repair, maintenance, alteration, acquisition, erection or building of an administrative office facility that does not provide hospice inpatient or hospice residence care and services within 90 days of receipt of the commissioner's approval of the application, unless such time period is extended by the commissioner. Upon request of the applicant, the commissioner may grant an initial extension not to exceed 60 days and, upon another request of the applicant, the commissioner may grant a final extension not to exceed 30 days. Any request for an extension shall be in writing and shall set forth the reasons why the application could not be implemented within the prescribed time.

(b) Proceed with architectural plans and actual construction to implement an approved construction application for the repair, maintenance, alteration, acquisition, erection or building of a hospice inpatient facility or unit, or hospice residence, or part thereof in accordance with the following:

(1) The applicant shall submit to the department two sets of the design development plans containing the following:

(i) plans of each floor, showing the room arrangement with the designation of each room and area;

(ii) such sections as are applicable to show the structural system;

(iii) site plan indicating proposed and existing roads, service and entrance courts, boundaries of the property, parking and orientation of the buildings and all outside utilities;

(iv) an outline specification, including a general description of construction;

(v) design of heating, cooling, ventilation and electrical systems;

(vi) design of sewage disposal system and all potential air pollution sources;

(vii) design of food service area;

(viii) design of water supply system;

(ix) cost estimates; and

(x) such other information as the commissioner may require.

(2) The applicant shall submit to the department two sets of the final drawings and specifications, including cost estimates.

(3) All drawings and specifications shall bear the seal and signature of an architect or engineer licensed to practice in New York State.

(4) The applicant shall not contract for construction until he has been notified in writing of the approval of final drawings, specifications and cost estimates.

(5) All construction in or of a hospice inpatient facility or unit, or hospice residence, shall be under the supervision of an architect or engineer licensed to practice in New York State.

(6) Upon approval of design development plans and upon the applicant's request and adequate justification, the commissioner may consider giving permission to start early construction of specifically identified phases, such as demolition, excavation, foundations and/or the structural shell. Such construction shall be at the applicant's risk and contingent upon submission of approvable final plans and specifications within a time period specified in the applicant's request. In no case shall phases of construction, other than those specifically identified in the commissioner's approval, start before approval of final plans and specifications.

(7) Prior written approval of any changes relating to the project, the project costs or major items of equipment proposed during construction must be obtained from the commissioner.

(8) Upon completion of the project, an on-site inspection of the construction and equipment will be made to assure that such are in accordance with the prior approval of the commissioner. The applicant shall notify the area administrator requesting such inspection two months prior to the anticipated completion date.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 791.5