2023 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.