2020 New York Laws
PBH - Public Health
Article 40 - 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.