NY Pub Health L § 4004 (2021)
2021 New York Laws PBH - Public Health Article 40 - Hospice 4004 - 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 and health planning 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 and health planning council together with such other forms and information as shall be prescribed by, or acceptable to, the public health and health planning council.  Thereafter,  the  public health  and health planning council shall forward a copy of the proposed application for establishment and accompanying documents to  the  health systems  agency,  if  any,  having geographical jurisdiction of the area where the services of the proposed hospice are to be offered. The public health and health planning council shall act upon such application after the health systems agency has  had  a  reasonable  time  to  submit  its recommendations.  At  the  time  members of the public health and health planning 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 and health planning council shall not take any action contrary to the advice of the health systems  agency until it affords to the health system agency an opportunity to request a public  hearing and, if so requested, a public hearing shall be held. If the public health and health planning council proposes to disapprove the application, it shall afford the applicant an opportunity to  request  a public hearing. The public health and health planning 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 and  health  planning  council  or  by  any individual designated by the public health and health planning council. The public health and  health planning  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  and health planning council in accordance with the provisions of subdivisions one and two of this section.   4. (a) The public health and health planning 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 and health planning 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.   5.   (a)   The   commissioner  shall  charge  to  applicants  for  the establishment of a hospice an application  fee  in  the  amount  of  two thousand dollars.  (b)  An applicant for both establishment and construction of a hospice shall not be subject to this subdivision and shall be  subject  to  fees and charges as set forth in section four thousand six of this article.  (c)  All  fees  pursuant  to  this  section  shall  be  payable to the department of health for deposit into the special revenue funds - other, miscellaneous special revenue fund - 339, certificate of need account.