2006 New York Code - 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.
    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.
    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.
    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.