N.Y. Comp. Codes R. & Regs. tit. 10, § 791.2 – General provisions.

(a) Hospice construction shall require the prior approval of the commissioner, except that the following shall not constitute construction for purposes of this Part and article 40 of the Public Health Law and shall not require the submission of an application for approval:
1. (1) the repair, maintenance, alteration or acquisition of equipment when total project cost does not exceed $500,000;
2. (2) the relocation of an administrative office site, or repair, maintenance, alteration, acquisition, erection or building of an administrative office site when total project cost does not exceed $500,000, provided that the governing authority of the hospice shall notify the department of any proposed change in an administrative office site location, which does not require construction approval under this Part, at least 10 days prior to effecting such change; and
3. (3) the repair, maintenance or alteration of a facility or unit used for hospice inpatient or hospice residence care and services when total project cost does not exceed $250,000, except that proposals for the alteration of systems for facility water supply, fixed dietary, solid waste disposal or fire protection, and structural, mechanical and electrical changes affecting safety and/or sanitary conditions shall require approval.
(b) Any of the following proposals shall constitute construction and shall be the subject of an application submitted for review pursuant to the requirements of this Part and article 40 of the Public Health Law:
1. (1) the addition of any article 40 certified hospice inpatient or hospice residence beds, regardless of cost;
2. (2) a change in the method of, or arrangement for, providing hospice inpatient or hospice residence care and services, regardless of cost;
3. (3) a change in the hospice's geographic service area;
4. (4) the repair, maintenance, alteration or acquisition of equipment when the total project cost exceeds $500,000;
5. (5) the relocation of any administrative office site or the repair, maintenance, alteration, acquisition, erection or building of an administrative office site when the total project cost exceeds $500,000;
6. (6) the repair, maintenance or alteration of a facility or unit used for hospice inpatient or hospice residence care and services when the total project cost exceeds $250,000, except that proposals for the alteration of systems for facility water supply, fixed dietary, solid waste disposal or fire protection, and structural, mechanical and electrical changes affecting safety and/or sanitary conditions shall require approval regardless of project cost;
7. (7) the acquisition, erection or building of a facility or portion thereof used for hospice inpatient or hospice residence care and services, regardless of cost; or
8. (8) the approval of any dually certified hospice residence beds, regardless of cost.
(c) An application may be administratively approved by the commissioner on notice to, but without recommendation of, the State Hospital Review and Planning Council if the health systems agency having jurisdiction has recommended approval and if the application proposes:
1. (1) a change in the hospice's geographic service area;
2. (2) the repair, maintenance, alteration or acquisition of equipment when total project cost exceeds $500,000, but does not exceed $1,000,000;
3. (3) the relocation of an administrative office site or the repair, maintenance, alteration, acquisition, erection or building of an administrative office site when total project cost exceeds $500,000, but does not exceed $1,000,000;
4. (4) the repair, maintenance or alteration of a facility or unit used for hospice inpatient or hospice residence care and services when total project cost exceeds $250,000, but does not exceed $1,000,000; or
5. (5) the acquisition, erection or building of a facility or portion thereof used for hospice inpatient or hospice residence care and services when total project cost does not exceed $250,000.
(d) A full review of an application pursuant to the requirements of this Part and article 40 of the Public Health Law, including a review by the State Hospital Review and Planning Council, shall be required prior to a decision by the commissioner when the application proposes:
1. (1) a change in the method of or arrangement for providing hospice inpatient or hospice residence care and services;
2. (2) the addition of any article 40 certified hospice inpatient or hospice residence beds;
3. (3) the repair, maintenance, alteration or acquisition of equipment when total project cost exceeds $1,000,000;
4. (4) the relocation of an administrative office site or the repair, maintenance, alteration, erection or building of an administrative office site when total project cost exceeds $1,000,000;
5. (5) the repair, maintenance or alteration of a facility or unit used for hospice inpatient or hospice residence care and services when total project cost exceeds $1,000,000;
6. (6) the acquisition, erection or building of a facility or portion thereof used for hospice inpatient or hospice residence care and services when total project cost exceeds $250,000; or
7. (7) the approval of any dually certified hospice residence beds, regardless of cost.
(e) If a general hospital, residential health care facility, or certified home health agency, as defined in articles 28 and 36, respectively, of the Public Health Law, with which a hospice has or proposes to have an arrangement for the provision of hospice inpatient beds, hospice residence beds or services, or hospice home care services, proposes to undertake any activity which requires construction approval under article 28 or 36, such approval must be obtained.