2013 New York Consolidated Laws
PBH - Public Health
Article 40 - (4000 - 4015) HOSPICE
4008 - Certification of hospices.

 
    § 4008. Certification of hospices. 1. The commissioner shall not issue
  a  certificate  of  approval  to any hospice unless it complies with the
  provisions of this article and the  rules  and  regulations  promulgated
  pursuant  thereto,  in  accordance  with  the  standards  and procedures
  adopted by the state  hospital  review  and  planning  council,  and  is
  qualified  to  participate as a hospice under title XVIII of the Federal
  Social Security Act, provided, however that the commissioner shall issue
  a certificate of approval to a hospice  if  he  is  satisfied  that  the
  hospice  cannot qualify to participate as a hospice under title XVIII of
  the Federal Social Security Act solely because it  proposes  to  provide
  nursing  services by arrangement with a certified home health agency. No
  person, partnership or organization shall hold itself out as  a  hospice
  unless it shall possess a valid certificate of approval.
    2.  Any  hospice  demonstration  program  participant  applying  for a
  certificate of approval by  the  first  day  of  June  nineteen  hundred
  eighty-four  and  meeting  all  applicable  standards  shall be issued a
  certificate of approval.
    3. Subject to the provisions of this section and section four thousand
  ten of this article, contractual agreements between a hospice and  other
  providers  of  other  care  and  services shall not be prohibited, and a
  hospice may employ and enter into contracts with any licensed healthcare
  professional or any lawful combination thereof in relation  to  services
  provided  by  the  hospice under this article, provided that the hospice
  maintains full responsibility for the planning, coordination and quality
  of such services and the adherence to the plan of care  established  for
  the patients.
    4.  A  hospice  certificate  of  approval  may  be revoked, suspended,
  limited or annulled by the commissioner on proof that  the  hospice  has
  failed  to  comply  with  the  provisions  of  this article or rules and
  regulations promulgated thereunder.
    5. No hospice certificate of approval  shall  be  revoked,  suspended,
  limited  or  annulled  without  a hearing. However, a certificate may be
  temporarily suspended or limited without a hearing for a period  not  in
  excess  of  thirty  days  upon written notice to the hospice following a
  finding by the department  that  the  public  health  or  safety  is  in
  imminent danger.
    6.  The  commissioner  shall  fix a time and place for the hearing.  A
  copy of the charges, together with the notice of the time and  place  of
  the  hearing,  shall  be  served  in  person  or mailed by registered or
  certified mail to the hospice at least twenty-one days before  the  date
  fixed  for  the  hearing. The hospice shall file with the department not
  less than eight days prior to the  hearing,  a  written  answer  to  the
  charges.
    7.  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 or certified mail of a  copy  of  the
  order or determination upon the applicant.
    8.  (a)  Notwithstanding  the  provisions of subdivisions five through
  seven of this section, the commissioner shall suspend, limit or revoke a
  hospice certificate of approval  after  taking  into  consideration  the
  public need for the hospice and the availability of other services which
  may  serve  as  alternatives  or  substitutes,  and  after  finding that
  suspending, limiting, or revoking the certificate  of  approval  of  the
  hospice  would be within the public interest in order to conserve health
  resources by restricting the  level  of  services  to  those  which  are
  actually needed.

    (b)  Whenever  any  finding  as  described  in  paragraph  (a) of this
  subdivision is  under  consideration  with  respect  to  any  particular
  hospice, the commissioner shall cause to be published, in a newspaper of
  general  circulation  in  the  geographic  area of the hospice, at least
  thirty  days  prior  to  making such a finding an announcement that such
  finding is under  consideration  and  an  address  to  which  interested
  persons can write to make their views known. The commissioner shall take
  all public comments into consideration in making such a finding.
    (c)  The  commissioner  shall,  upon  making  any finding described in
  paragraph (a) of this subdivision with respect  to  any  hospice,  cause
  such hospice and the appropriate health systems agency to be notified of
  the  finding  at  least  thirty  days  in advance of taking the proposed
  action  to  revoke,  suspend  or  limit  the  hospice's  certificate  of
  approval.    Upon  receipt  of  any  such  notification  and  before the
  expiration of the thirty days or such longer period as may be  specified
  in  the notice, the hospice or the appropriate health systems agency may
  request a public hearing to be held in the county in which  the  hospice
  is  located.  In no event shall the revocation, suspension or limitation
  take effect prior to the thirtieth day after the date of the notice,  or
  prior to the effective date specified in the notice or prior to the date
  of the hearing decision, whichever is later.
    (d) Except as otherwise provided by law, all appeals from a finding of
  the  commissioner  made  pursuant  to  paragraph (a) of this subdivision
  shall be directly to the appellate division of the supreme court in  the
  third  department.  Except  as otherwise expressly provided by law, such
  appeals shall have preference over all issues in all courts.