2010 New York Code
PBH - Public Health
Article 40 - (4000 - 4015) HOSPICE
4004 - Establishment of hospices.

§  4004.  Establishment  of  hospices. * 1. The commissioner shall not
  issue a certificate of approval to any hospice except with  the  written
  approval  of the public health council. However, a hospice demonstration
  program participant making application to  the  commissioner  solely  to
  establish a hospice shall be deemed to have met such requirement.
    * NB Effective until December 1, 2010
    * 1. The commissioner shall not issue a certificate of approval to any
  hospice except with the written approval of the public health and health
  planning  council.  However, a hospice demonstration program participant
  making application to the commissioner solely  to  establish  a  hospice
  shall be deemed to have met such requirement.
    * NB Effective December 1, 2010
    * 2.  An  application  for  approval  of the proposed hospice shall be
  filed with the public health council together with such other forms  and
  information  as  shall  be  prescribed  by, or acceptable to, the public
  health council. Thereafter, the public health council  shall  forward  a
  copy  of  the  proposed  application  for establishment and accompanying
  documents to the state hospital review  and  planning  council  and  the
  health systems agency having geographical jurisdiction of the area where
  the  services  of  the  proposed  hospice  are to be offered. The public
  health council shall act upon such application after the state  hospital
  review  and  planning  council  and the health systems agency have had a
  reasonable time to submit their recommendations. At the time members  of
  the  public health council are notified that an application is scheduled
  for consideration, the applicant and the health systems agency shall  be
  so  notified  in  writing.  The public health council shall not take any
  action contrary to the advice of either the state  hospital  review  and
  planning council or the health systems agency until it affords to either
  an  opportunity  to  request  a  public  hearing and, if so requested, a
  public hearing shall be held. If the public health council  proposes  to
  disapprove  the application it shall afford the applicant an opportunity
  to request a public hearing. The public health council may hold a public
  hearing on the application on its own motion. Any  public  hearing  held
  pursuant  to  this  subdivision  may  be  conducted by the public health
  council or by any individual designated by the  public  health  council.
  The   public  health  council  shall  not  approve  an  application  for
  establishment unless it is satisfied, insofar as applicable, as  to  (a)
  the  public  need for the existence of the hospice at the time and place
  and under the circumstances proposed; (b) the character, competence, and
  standing in the community, of  the  proposed  incorporators,  directors,
  sponsors,  stockholders or operators; (c) the financial resources of the
  proposed hospice and its sources of future revenues; and (d) such  other
  matters as it shall deem pertinent.
    * NB Effective until December 1, 2010
    * 2.  An  application  for  approval  of the proposed hospice shall be
  filed with the public health and health planning council  together  with
  such  other  forms  and  information  as  shall  be  prescribed  by,  or
  acceptable  to,  the  public  health  and   health   planning   council.
  Thereafter,  the public health and health planning council shall forward
  a copy of the proposed application for  establishment  and  accompanying
  documents  to  the  health  systems  agency, if any, having geographical
  jurisdiction of the area where the services of the proposed hospice  are
  to  be  offered. The public health and health planning council shall act
  upon such  application  after  the  health  systems  agency  has  had  a
  reasonable  time  to  submit its recommendations. At the time members of
  the public health and health  planning  council  are  notified  that  an
  application is scheduled for consideration, the applicant and the health
  systems  agency  shall  be so notified in writing. The public health and

health planning council shall not take any action contrary to the advice
  of the health systems agency until  it  affords  to  the  health  system
  agency  an opportunity to request a public hearing and, if so requested,
  a public hearing shall be held. If the public health and health planning
  council  proposes  to  disapprove  the  application, it shall afford the
  applicant an opportunity to request a public hearing. The public  health
  and health planning council may hold a public hearing on the application
  on  its own motion. Any public hearing held pursuant to this subdivision
  may be conducted by the public health and health planning council or  by
  any  individual  designated  by  the  public  health and health planning
  council. The public health and health planning council shall not approve
  an application for establishment unless  it  is  satisfied,  insofar  as
  applicable,  as  to (a) the public need for the existence of the hospice
  at the time and place and under  the  circumstances  proposed;  (b)  the
  character,  competence,  and  standing in the community, of the proposed
  incorporators, directors, sponsors, stockholders or operators;  (c)  the
  financial  resources  of  the proposed hospice and its sources of future
  revenues; and (d) such other matters as it shall deem pertinent.
    * NB Effective December 1, 2010
    * 3. (a) No hospice shall be approved for establishment which would be
  operated by a corporation any of the stock of which is owned by  another
  corporation.
    (b)  Any  change  in  the person, principal stockholder or partnership
  which is the operator of a hospice  shall  be  approved  by  the  public
  health council in accordance with the provisions of subdivisions one and
  two of this section.
    * NB Effective until December 1, 2010
    * 3. (a) No hospice shall be approved for establishment which would be
  operated  by a corporation any of the stock of which is owned by another
  corporation.
    (b) Any change in the person,  principal  stockholder  or  partnership
  which  is  the  operator  of  a  hospice shall be approved by the public
  health and health planning council in accordance with the provisions  of
  subdivisions one and two of this section.
    * NB Effective December 1, 2010
    * 4. (a) The public health council, by a majority vote of its members,
  shall   adopt  and  amend  rules  and  regulations,  to  effectuate  the
  provisions and  purposes  of  this  section,  and  to  provide  for  the
  revocation, limitation or annulment of approvals of establishment.
    (b)  (i)  No  approval  of  establishment shall be revoked, limited or
  annulled without first offering the person who  received  such  approval
  the  opportunity  of requesting a public hearing, (ii) the commissioner,
  at the request of the public health council, shall fix a time and  place
  for  any  such  hearing requested, (iii) notice of the time and place of
  the hearing shall be served in person or mailed by  registered  mail  to
  the  person  who has received establishment approval at least twenty-one
  days before the date fixed for the hearing, (iv) such person shall  file
  with  the  department,  not less than eight days prior to the hearing, a
  written answer, (v) all orders  or  determinations  hereunder  shall  be
  subject  to  review  as  provided  in article seventy-eight of the civil
  practice law and rules. Application for such review must be made  within
  sixty  days  after  service in person or by registered mail of a copy of
  such order or determination.
    * NB Effective until December 1, 2010
    * 4. (a) The public health and health planning council, by a  majority
  vote  of  its  members,  shall adopt and amend rules and regulations, to
  effectuate the provisions and purposes of this section, and  to  provide

for   the   revocation,   limitation   or   annulment  of  approvals  of
  establishment.
    (b)  (i)  No  approval  of  establishment shall be revoked, limited or
  annulled without first offering the person who  received  such  approval
  the  opportunity  of requesting a public hearing, (ii) the commissioner,
  at the request of the public health and health planning  council,  shall
  fix a time and place for any such hearing requested, (iii) notice of the
  time  and  place  of  the hearing shall be served in person or mailed by
  registered mail to the person who has received establishment approval at
  least twenty-one days before the date fixed for the hearing,  (iv)  such
  person shall file with the department, not less than eight days prior to
  the  hearing,  a  written  answer,  (v)  all  orders  or  determinations
  hereunder  shall  be  subject  to  review   as   provided   in   article
  seventy-eight  of the civil practice law and rules. Application for such
  review must be made within sixty days after  service  in  person  or  by
  registered mail of a copy of such order or determination.
    * NB Effective December 1, 2010
    5.   (a)   The   commissioner  shall  charge  to  applicants  for  the
  establishment of a hospice an application  fee  in  the  amount  of  two
  thousand dollars.
    (b)  An applicant for both establishment and construction of a hospice
  shall not be subject to this subdivision and shall be  subject  to  fees
  and charges as set forth in section four thousand six of this article.
    (c)  All  fees  pursuant  to  this  section  shall  be  payable to the
  department of health for deposit into the special revenue funds - other,
  miscellaneous special revenue fund - 339, certificate of need account.