NY Pub Health L § 4008 (2021)
2021 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.