2021 New York Laws
PBH - Public Health
Article 47 - Shared Health Facilities
4712 - Shared Health Facilities; Rules and Regulations.

§  4712.  Shared  health  facilities;  rules  and  regulations. 1. The
department shall have the authority to promulgate rules and  regulations
relative  to  the  quality of care provided by shared health facilities,
and to otherwise effectuate the provisions of this article.
  2. (a) Subject to the provisions of paragraphs (b)  and  (c)  of  this
subdivision  and after such hearing the department may suspend or revoke
the registration of a shared health facility for failure to comply  with
any  provision  of  this  article  applicable  to  such facility, or for
failure to comply with  the  rules  or  regulations  of  the  department
pertaining  thereto,  or  for fraudulent practices on the part of any of
the providers or purveyors therein.
  (b) No registration shall be revoked, suspended, limited  or  annulled
without  a hearing. However, a registration may be temporarily suspended
or limited without a hearing for a period not in excess of  thirty  days
upon written notice to the shared health facility following a finding by
the department that the public health or safety is in imminent danger.
  (c)  The  commissioner shall fix a time and a 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 certified mail to
such facility at least twenty-one days before the  date  fixed  for  the
hearing.  The  shared health facility shall file with the department not
less than eight days prior to the  hearing,  a  written  answer  to  the
charges.
  (d)  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  certified  mail  of  a copy of the order or
determination upon the applicant.
  3. Any provider  or  purveyor  who  violates  any  provision  of  this
article,  or  of the rules and regulations promulgated pursuant thereto,
may, subject to the findings of a hearing or review which he may request
of the department, be barred from  collecting  any  payments  under  the
program from the date such violation occurs.