reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 769 - Voluntary Foster Care Agency Health Facility Licensure › Section 769.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following words or phrases, as used in this article,
						shall have the following meanings, unless the context otherwise
						requires:
(a) "Behavioral health
					 services" means services within the scope of practice of a physician,
					 psychiatrist, psychologist, master social worker, clinical social worker,
					 mental health counselor, marriage and family therapist, or a
					 psychoanalyst.
(b) "Department"
					 means the New York State Department of Health.
(c) "Limited Health-Related Services" means
					 "core limited health-related services" as set forth in section
					 770.1 of this article and "other
					 limited health-related services" as set forth in section
					 770.2 of this article.
(d) "Office" means the New York State Office
					 of Children and Family Services.
(e) "Residential Program" means a duly
					 licensed, certified or approved foster family boarding home, agency boarding
					 home, supervised independent living program, group home, group residence,
					 institution, or any combination thereof as such terms are defined under 18
					 NYCRR section
					 441.2, which provides care for a
					 child away from his or her home 24 hours a day.
(f) "Voluntary Foster Care Agency (VFCA)"
					 means an "authorized agency," as defined under section
					 371
					 (10)(a) of the Social Services Law, which has
					 the written approval of the Office and corporate or statutory authority to care
					 for or to board out children in New York State in accordance with section
					 460-a of
					 the Social Services Law.
(g) "VFCA
					 Health Facility" means the program of a VFCA that is licensed to provide
					 limited health-related services under this article.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 769 - Voluntary Foster Care Agency Health Facility Licensure › Section 769.3 - Physical Plant Environment and Equipment

Current through Register Vol. 46, No. 28, July 10, 2024
A VFCA Health Facility shall maintain a physical plant
						environment and equipment to provide limited health-related services in
						accordance with guidance posted on the Department and Office websites. Upon
						request, the VFCA shall provide the Department with any information relating to
						its physical plant environment and equipment necessary to evaluate its
						application to provide limited health-related services.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 769 - Voluntary Foster Care Agency Health Facility Licensure › Section 769.4 - Revocation, suspension, limitation or annulment of a license

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A license to
					 provide limited health-related services under this article may be revoked,
					 suspended, limited, annulled or denied by the Department, in consultation with
					 the Office, if a VFCA Health Facility is determined to have failed to comply
					 with the provisions of this article or any other laws, rules or regulations
					 applicable to such health-related services. No such action against a licensee
					 shall affect the VFCA Health Facility's license to care for or to board out
					 children unless the Office determines, pursuant to its regulations, that the
					 existing circumstances make it necessary to limit, suspend or revoke the
					 authority of the authorized agency to care for and/or to board out
					 children.
(b) No license issued
					 under this article may be revoked, suspended, limited, annulled or denied
					 without a hearing, provided that a license may be suspended or limited without
					 a hearing for a period of not more than thirty days upon written notice of a
					 determination by the Department that the continuation of limited health-related
					 services places the public health or safety of an individual in imminent
					 danger.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 770 - Voluntary Foster Care Agency Health Facility Services › Section 770.1 - Core Limited Health-Related Services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) VFCA Health Facilities shall provide the
					 following core limited health-related services through sufficient numbers of
					 qualified staff, either by employment or through contract, to maintain the
					 physical, mental and psychosocial well-being of each child/youth as determined
					 by resident assessments and individualized treatment plans, in accordance with
					 guidance posted on the Department and Office websites, and consistent with
					 relevant scope of practice laws:
(1)
					 Behavioral health services, such as improving developmentally appropriate
					 pro-social behavior and enhancing compliance with behavioral expectations, and
					 skill building activities to prevent disease or disability and promote
					 physical, developmental, and mental health, and to enable the child/youth to
					 function successfully in the home, school and community.
(2) Nursing services, including medication
					 management and administration, by a licensed nurse acting within the scope of
					 his or her practice.
(3) Clinical
					 consultation and supervision
(i) of
					 behavioral health services by a licensed psychiatrist, physician, psychologist,
					 master social worker, clinical social worker, mental health counselor, marriage
					 and family therapist, or psychoanalyst who provides behavioral health
					 supervision and programmatic direction within the scope of his or her practice;
					 and
(ii) of nursing services by a
					 physician, nurse practitioner, or registered professional nurse who provides
					 clinical supervision and programmatic direction within the scope of his or her
					 practice.
(4)
					 Coordination of the receipt of health services consistent with 18 NYCRR section
					 441.22, in accordance with an
					 individualized treatment plan pursuant to this section, including escorting
					 children/youth to health care appointments and supervising them during health
					 care appointments, ensuring the exchange of health information for treatment
					 purposes, and discharge planning and documentation.
(5) Program administration and liaison with
					 managed care organizations to implement policies and procedures related to the
					 management of the VFCA Health Facility, coordinating care among health care
					 providers, social service providers, and school and community-based services,
					 assisting in enrollment of the child/youth in eligible public or private
					 insurance, and utilization of available health plan benefits.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 770 - Voluntary Foster Care Agency Health Facility Services › Section 770.2 - Other Limited Health-Related Services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In addition to core limited
					 health-related services that shall be provided, VFCA Health Facilities may
					 provide other limited health-related services, including services consistent
					 with the individualized treatment plan, provided that such services are
					 consistent with the requirements of this section and relevant scope of
					 practices laws. Such other limited health-related services are limited to Home
					 and Community Based Services (HCBS), as authorized under a Medicaid State Plan
					 waiver, and other Medicaid State Plan services as described in this section,
					 provided that other limited health-related services shall not include: surgical
					 services; dental services; orthodontic care; and emergency intervention for
					 major trauma and treatment of life-threatening or potentially disabling
					 conditions.
(b) To provide other
					 limited health-related services, a VFCA Health Facility shall:
(1) describe, in the application for
					 licensure pursuant to section
					 769.2, the other limited
					 health-related services that it intends to provide;
(2) possess all certifications, designations
					 or licenses as required by law; and
(3) comply with all applicable laws,
					 regulations and standards for providing such other limited health-related
					 services.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 770 - Voluntary Foster Care Agency Health Facility Services › Section 770.3

Current through Register Vol. 46, No. 28, July 10, 2024
There shall be no duplication of billing for services
						between the core limited health-related services set forth in section
						770.1 of this article and other
						limited health-related services set forth in section
						770.2 of this
						article.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 770 - Voluntary Foster Care Agency Health Facility Services › Section 770.4 - Health and Safety, including Referrals and Urgent and Emergency Care

Current through Register Vol. 46, No. 28, July 10, 2024
A VFCA Health Facility shall have policies and procedures
						for the management and care of medical conditions that require health services
						beyond the limited health- related services set forth in sections
						770.1 and
						770.2 of this article, or are of
						an urgent or emergency health care need. Such policies and procedures shall
						include but shall not be limited to:
(a) 24 hours a day, 7 days a week on-call
					 coverage to refer a child/youth whose needs exceed services provided by the
					 VFCA Health Facility, to establish continuity of care; and
(b) arrangements with hospitals for health
					 and behavioral health care services for a child/youth whose needs exceed
					 services provided by the VFCA Health Facility.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 770 - Voluntary Foster Care Agency Health Facility Services › Section 770.5 - Assessments and Treatment Planning

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 A VFCA Health Facility shall arrange for limited health-related services for
					 every child/youth in its care, consistent with 18 NYCRR section
					 441.22, in accordance with an
					 individualized treatment plan pursuant to this section.
(b) Each VFCA Health Facility is responsible
					 for developing and implementing an individualized treatment plan for each
					 child/youth, including but not limited to the following:
(1) Identification of the child/youth's needs
					 in accordance with assessments under 18 NYCRR section
					 441.22.
(2) Recommended treatment, referral
					 information, and follow-up appointments.
(3) Information for caregivers about healthy
					 growth and development.
(4) Overall
					 health assessments in the child/youth's case planning to enhance service
					 coordination and monitoring.
(5) If
					 a child/youth has a chronic illness or condition requiring long-term medical,
					 behavioral and developmental health, dental, or other services, the
					 individualized treatment plan shall detail: proposed treatment, alternative
					 treatments, and risks/benefits.
(6)
					 Emergency protocols.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 770 - Voluntary Foster Care Agency Health Facility Services › Section 770.6 - Quality improvement activities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A VFCA
					 Health Facility shall adopt quality improvement policies and procedures. On at
					 least a biannual basis, the VFCA Health Facility shall analyze VFCA data,
					 measure performance, and identify trends and opportunities for improvement. The
					 VFCA Health Facility shall implement strategies to address areas of concern and
					 areas that need improvement and periodically re-evaluate such strategies to
					 assess effectiveness.
(b) The VFCA
					 Health Facility shall adopt staffing protocols regarding the following:
(1) Provider credentials and
					 maintenance.
(2) Professional
					 continuing education.
(3)
					 Pre-employment procedures to verify education and experience, and applicable
					 background check.
(4) Staff and
					 program evaluation.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 770 - Voluntary Foster Care Agency Health Facility Services › Section 770.7 - Medication and Medical Supplies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 VFCA Health Facility shall have policies and procedures applicable to
					 medications and medical supplies that include, but are not limited to:
(1) Medications and supplies shall be
					 secured, controlled and have measures in place to establish accountability of
					 transactions. This includes the following documentation of all VFCA Health
					 Facility-supplied medication and related supply transactions:
(i) Physical inventories of medications and
					 sensitive medical supplies kept on site.
(ii) Reconciliation of inventory
					 discrepancies as needed.
(iii)
					 Disposition of expired medications.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 770 - Voluntary Foster Care Agency Health Facility Services › Section 770.8 - Billing Procedures

Current through Register Vol. 46, No. 28, July 10, 2024
A VFCA Health Facility shall have systems, policies and
						administrative procedures in place that support the billing requirements for
						the operation of the VFCA Health Facility
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 772 - Repealed › Section 772.1 to 772.2 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 780 - Repealed › Section 780.1 to 780.3 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 781 - Repealed › Section 781.1 to 781.7 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 781 - Repealed › Section 781.8 to 781.11 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 782 - Repealed › Section 782.1 to 782.10 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 782 - Repealed › Section 782.11 to 782.14 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 9 - Hospice Operation › Part 790 - Hospice Establishment › Section 790.1 - Applications for establishment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
					 application to the Public Health Council for its approval, as required by law,
					 shall be in writing on application forms provided by the department and
					 subscribed by the chief executive officer duly authorized by the board of a
					 corporate applicant, a general partner or proprietor of the hospice or the
					 proposed hospice, or, where an application is to be submitted by a local
					 government applicant, the president or chairman of the board of the proposed
					 hospice or the chief executive officer if there is no board; and accompanied by
					 a certified copy of a resolution of the board of a corporate applicant
					 authorizing the undertaking which is the subject of the application, and the
					 subscribing and submission thereof by an appropriate designated individual. In
					 the event that an application is to be submitted by an entity which necessarily
					 remains to be legally incorporated, it shall be subscribed and submitted by one
					 of the proposed stockholders or directors. If a local government applicant
					 submitting an application has not designated a president, chairman or chief
					 executive officer for the proposed hospice, the application shall be subscribed
					 by the chairman or president of the local legislature or board of supervisors
					 having jurisdiction, or other appropriate executive officer. An original
					 application and eight copies thereof shall be prepared. The original and eight
					 copies shall be filed with the Public Health Council through the Project
					 Management Unit in the department's central office in Albany which shall
					 transmit one copy to the health systems agency having jurisdiction.
(b) Applications to the council shall contain
					 information and data with reference to:
(1)
					 the public need for the existence of the hospice or proposed hospice at the
					 time and place and under the circumstances proposed;
(2) the character, experience, competency and
					 standing in the community of the proposed incorporators, directors, officers,
					 stockholders, sponsors, individual operators or partners:
(3) the financial resources and sources of
					 future revenue of the hospice or proposed hospice to be operated by the
					 applicant; and
(4) the fitness and
					 adequacy of the premises and equipment to be used by the applicant for the
					 hospice or proposed hospice.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 9 - Hospice Operation › Part 790 - Hospice Establishment › Section 790.2 - Requirements for approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 application must be complete and in proper form. It shall provide all the
					 information essential for the Public Health Council's consideration.
(b) The applicant must satisfactorily
					 demonstrate to the council:
(1) that there is
					 a public need for the hospice or the proposed new hospice;
(2)
(i) if
					 a not-for-profit corporation, that the members of the board of directors and
					 the officers of the corporation are of such character, experience, competence
					 and standing as to give reasonable assurance of their ability to conduct the
					 affairs of the corporation in its best interests and in the public interest and
					 to provide proper care for those to be served by the hospice or the proposed
					 hospice;
(ii) if a proprietary
					 business, that the owner, or all the partners of a partnership, are persons of
					 such character, experience, competence and standing as to give reasonable
					 assurance of their ability to conduct the affairs of the business in its best
					 interests and in the public interest and to provide proper care for those to be
					 served by the hospice or the proposed hospice;
(iii) if a business corporation, that the
					 members of the board of directors, the officers and the stockholders of the
					 corporation or, in the case of an application solely for a change in the
					 principal stockholder(s), that the proposed new principal stockholder(s) of the
					 corporation are of such character, experience, competence and standing as to
					 give reasonable assurance of their ability to conduct the affairs of the
					 corporation in its best interest and in the public interest and to provide
					 proper care for those to be served by the hospice or the proposed hospice;
					 and
(3) that there are
					 adequate finances and sources of future revenue to properly establish and
					 conduct the hospice or the proposed hospice.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 9 - Hospice Operation › Part 790 - Hospice Establishment › Section 790.3 - Amendments to applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
					 application made to the Public Health Council pursuant to this Part may be
					 amended while the matter is pending before the council. Such amendments shall
					 be made on appropriate forms supplied by the department, and submitted to the
					 council through the department's central office in Albany which received the
					 application.
(b) Any amendment to
					 an application which constitutes a substantial change in the in contained in
					 the original application, or any prior amendments thereto, must be accompanied
					 by a satisfactory written explanation as to the reason such information was not
					 contained in the original application.
(c) Prior to the issuance of a certificate of
					 approval, any substantial alteration of the method of financing, or of the
					 terms of a lease of the land, building or equipment, or change of the
					 principals as considered by the council, shall constitute an
					 amendment.
(d) Failure to disclose
					 an amendment prior to the issuance of a certificate of approval shall
					 constitute sufficient grounds for the revocation, limitation or annulment of
					 the approval of establishment.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 9 - Hospice Operation › Part 790 - Hospice Establishment › Section 790.4 - Withdrawals of applications

Current through Register Vol. 46, No. 28, July 10, 2024
An application made to the Public Health Council in
						accordance with this Part may, on written request of the applicant, be
						withdrawn prior to decision by the council at any time without prejudice to
						resubmission.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 9 - Hospice Operation › Part 790 - Hospice Establishment › Section 790.5 - Revocation, limitation or annulment of approvals of establishment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An approval of
					 establishment may be revoked, limited or annulled by the Public Health Council
					 if the council finds that:
(1) the
					 established operator has been guilty of fraud or deceit in procuring such
					 approval of establishment or has made statements or furnished information in
					 support of the application which were not true, accurate, or complete in any
					 material respect;
(2) the hospice
					 certificate of approval has been revoked, limited or annulled pursuant to the
					 applicable provisions of law;
(3)
					 the hospice has failed to comply with the provisions of article 40 of the
					 Public Health Law or the rules and regulations promulgated
					 thereunder;
(4) the established
					 operator has had such a change in financial condition or in the fiscal aspects
					 of the hospice since the approval of establishment as to render the project
					 economically unfeasible or render unsatisfactory the financial resources of the
					 hospice and its sources of future revenue;
(5) the established operator has been
					 convicted in a court of competent jurisdiction, either within or without the
					 State, of a crime;
(6) the
					 established operator is a habitual drunkard or is addicted to the use of
					 morphine, cocaine or other drugs having similar effect, or has become mentally
					 disabled;
(7) the established
					 operator has transferred ownership interest in the operation of the hospice
					 without Public Health Council approval, or that such person has terminated
					 participation in the operation of the hospice;
(8) the established operator has granted any
					 person convicted of a crime relating to hospice or hospital activities the
					 authority to direct or cause the direction of the operations, management or
					 policies of the hospice; or
(9)
					 another corporation has been granted or has obtained ownership of stock or the
					 voting rights thereunder, of the hospice corporation.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 9 - Hospice Operation › Part 790 - Hospice Establishment › Section 790.6 - Hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Necessary
					 hearings shall be conducted by the Public Health Council, a committee of the
					 council, or a person designated by the council.
(b) Requests for hearings by applicants shall
					 be made within 20 days after notification that such request may be made. If
					 such request is made by the State Hospital Review and Planning Council or by a
					 health systems agency, it must be made within 10 days subsequent to the meeting
					 of such council or agency which took place after notification that such request
					 may be made.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 9 - Hospice Operation › Part 790 - Hospice Establishment › Section 790.7 - Decisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Copies of the
					 resolution of the Public Health Council approving or disapproving an
					 application shall be transmitted to the applicant, the State Hospital Review
					 and Planning Council, the appropriate health systems agency and the
					 Commissioner of Health.
(b) Copies
					 of a notice that the council is considering the disapproval of an application
					 or action contrary to the recommendation of the State Hospital Review and
					 Planning Council or a health systems agency and affording an opportunity to
					 request a public hearing shall be transmitted to the applicant, to the State
					 Hospital Review and Planning Council, the appropriate health systems agency and
					 the Commissioner of Health.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 9 - Hospice Operation › Part 790 - Hospice Establishment › Section 790.8 - Governing authority or operator

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The governing authority or operator is
					 the party responsible for the operation of a hospice.
(b) The governing authority or operator shall
					 mean:
(1) the policy-making body of a
					 government agency;
(2) the officers
					 and the board of directors or trustees of a not-for-profit
					 corporation;
(3) the officers,
					 board of directors and stockholders of a business corporation; and
(4) the proprietor or proprietors of a
					 proprietary hospice.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 9 - Hospice Operation › Part 790 - Hospice Establishment › Section 790.9 - Agents, nominees and fiduciaries

Current through Register Vol. 46, No. 28, July 10, 2024
Agents, nominees and fiduciaries, whether testamentary or
						inter vivos, shall not own or have the power to control any interest in the
						operation of a hospice nor shall they be considered proper applicants for
						establishment or transfer of interest in, or ownership of, stock in a
						corporation that operates a hospice.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 9 - Hospice Operation › Part 790 - Hospice Establishment › Section 790.10 - Establishment of not-for-profit corporations

Current through Register Vol. 46, No. 28, July 10, 2024
A not-for-profit corporation seeking Public Health
						Council approval to be established as the operator of a hospice shall comply
						with the other applicable provisions of this Part and, in addition, shall
						furnish the council with a photocopy of its executed proposed corporate
						certificate.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 9 - Hospice Operation › Part 790 - Hospice Establishment › Section 790.12 - Reporting by business corporations

Current through Register Vol. 46, No. 28, July 10, 2024
Within 30 days after the approval of establishment, the
						corporation shall furnish to the department a list of the names of all of the
						shareholders and the number and percent of the total issued and outstanding
						shares of the corporation held by each, duly certified by the secretary of the
						corporation as to completeness and accuracy, and shall thereafter furnish such
						a certified list at annual intervals. Failure to comply with the provisions of
						this section shall constitute sufficient grounds for the revocation, limitation
						or annulment of the approval of establishment.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 9 - Hospice Operation › Part 790 - Hospice Establishment › Section 790.13 - Transfers of interest by sole proprietors or partnerships

Current through Register Vol. 46, No. 28, July 10, 2024
An individual or partnership seeking Public Health
						Council approval for the transfer of all or part of the ownership of the
						business shall file, in addition to meeting the other applicable requirements
						of this Part, information, documents and data as follows:
(a) a photocopy of the applicant's executed
					 proposed certificate of doing business;
(b) where the applicant is a partnership,
					 full and true copies of all partnership agreements;
(c) a declaration of the percentage of the
					 business to be transferred;
(d) a
					 financial statement setting forth the purchase price of the interest in the
					 business being sold and the financial resources available to make such
					 purchase, or the basis on which such transfer is to be financed;
(e) where any transfer is to be by gift, a
					 statement of the relationship between the donor and the donee; and
(f) such additional pertinent information or
					 documents necessary for Public Health Council consideration, as
					 requested.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 9 - Hospice Operation › Part 790 - Hospice Establishment › Section 790.14 - Transfers of stock

Current through Register Vol. 46, No. 28, July 10, 2024
An individual who proposes to become a principal
						stockholder in a business corporation shall file, in addition to meeting the
						other applicable requirements of this Part, information, documents and data as
						follows:
(a) a copy of the document
					 giving approval for the incorporation of the hospice business;
(b) an affidavit from each applicant setting
					 forth:
(1) that the applicant is to be the
					 sole beneficial owner of the voting shares of the corporation of which the
					 applicant is to be the holder of record; and
(2) the number of voting shares of the
					 corporation of which the applicant is to be the holder of record;
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 9 - Hospice Operation › Part 790 - Hospice Establishment › Section 790.15 - Limitation on transfer

Current through Register Vol. 46, No. 28, July 10, 2024
Any transfer pursuant to section 790.13 or
						790.14 of this Part shall be
						completed within 90 days of issuance by the Public Health Council of its
						approval for such transfer unless extended by the council and the council is
						notified of the transfer within 10 days thereafter. Any request for an
						extension of time shall set forth the reasons why such transfer could not be
						completed within the prescribed time. Failure to complete a transfer within the
						time prescribed or as extended by the council or failure to notify the council
						within the time prescribed shall constitute abandonment and withdrawal of the
						application.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 9 - Hospice Operation › Part 790 - Hospice Establishment › Section 790.16 - Determinations of public need for hospice

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following methodology will be
					 utilized in the evaluation of applications involving the establishment and/or
					 construction of a hospice and the need for hospice care and services. It is
					 intended that this methodology, when used in conjunction with the planning
					 standards and criteria set forth in section
					 709.1 of this Title, which are
					 also applicable to the determination of need for hospice and which are
					 incorporated herein, represent a statement of basic principles and
					 planning/decisionmaking tools for guiding and directing the development and
					 expansion of hospice care and services throughout the State. The methodology is
					 conceptually based on the application of uniform planning objectives at the
					 health systems agency and/or State level. Its purpose is to provide guidance,
					 to permit flexibility and to assist the health systems agencies, the State
					 Hospital Review and Planning Council, the Public Health Council, the
					 commissioner and potential applicants in determining the future need for
					 hospice care and services. The objective of the methodology is to ensure that
					 an adequate supply of hospice care and services is available and accessible,
					 while at the same time avoiding the proliferation of unneeded hospices and
					 hospice services.
(b) The
					 commissioner shall designate hospice planning areas within each health systems
					 agency region among which the need estimates calculated pursuant to this
					 section will be allocated. Such areas may include a single county or two or
					 more contiguous counties. In developing hospice planning areas, the
					 commissioner shall seek the advice and recommendations of the health systems
					 agencies and the State Hospital Review and Planning Council. Factors which
					 shall be considered by each health systems agency and the council in making
					 recommendations and by the commissioner in designating hospice planning areas
					 shall include, but need not be limited to, the following:
(1) provider and patient travel patterns,
					 including driving time and availability of public transportation;
(2) the availability of existing hospice care
					 and services; and
(3) other factors
					 identified by the health systems agencies.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 9 - Hospice Operation › Part 791 - Approval Of Hospice Construction › Section 791.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For purposes of
					 this Part, construction shall mean a change in a hospice's geographic service
					 area, the erection, building or substantial acquisition or alteration of a
					 hospice inpatient facility or unit, hospice residence or equipment, or a
					 substantial change in the method of providing hospice inpatient or hospice
					 residence services.
(b) For
					 purposes of this Part, total project cost shall mean total costs for
					 construction contracts, if any, including, but not limited to costs for
					 demolition work, site preparation, actual construction and contingencies, total
					 costs for real property, for fixed and movable equipment, architectural and/or
					 engineering fees, construction loan interest costs, and other financing,
					 professional and ancillary fees, charges and allowances. Such costs shall
					 include the cost of all capital items associated with an acquisition, lease
					 arrangement and/or construction. If any acquisition is to be effectuated
					 through a leasing arrangement or by a donation, the relevant cost shall be the
					 cost of the asset if purchased.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 9 - Hospice Operation › Part 791 - Approval Of Hospice Construction › Section 791.2 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Hospice
					 construction shall require the prior approval of the commissioner, except that
					 the following shall not constitute construction for purposes of this Part and
					 article 40 of the Public Health Law and shall not require the submission of an
					 application for approval:
(1) the repair,
					 maintenance, alteration or acquisition of equipment when total project cost
					 does not exceed $500,000;
(2) the
					 relocation of an administrative office site, or repair, maintenance,
					 alteration, acquisition, erection or building of an administrative office site
					 when total project cost does not exceed $500,000, provided that the governing
					 authority of the hospice shall notify the department of any proposed change in
					 an administrative office site location, which does not require construction
					 approval under this Part, at least 10 days prior to effecting such change;
					 and
(3) the repair, maintenance or
					 alteration of a facility or unit used for hospice inpatient or hospice
					 residence care and services when total project cost does not exceed $250,000,
					 except that proposals for the alteration of systems for facility water supply,
					 fixed dietary, solid waste disposal or fire protection, and structural,
					 mechanical and electrical changes affecting safety and/or sanitary conditions
					 shall require approval.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 9 - Hospice Operation › Part 791 - Approval Of Hospice Construction › Section 791.3 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) The applicant shall submit an original
					 and seven copies of the application for construction, in a format determined by
					 the department.
(2) As part of the
					 application, the applicant shall give the following assurances as appropriate:
(i) that the applicant will obtain the
					 approval of the commissioner of all required plan submissions for any hospice
					 inpatient facility or unit, or hospice residence, which shall conform to the
					 applicable standards of construction and equipment of this
					 Subchapter;
(ii) that, prior to
					 contracting for construction, the applicant will obtain the approval of the
					 commissioner of the final working drawings and specifications for any hospice
					 inpatient facility or unit, or hospice residence, which shall conform to the
					 applicable standards of construction and equipment of this
					 Subchapter;
(iii) that the
					 applicant will cause the project to be completed in accordance with the
					 application and approved plans and specifications;
(iv) that the applicant will provide and
					 maintain competent and adequate architectural or engineering supervision and
					 inspection at the construction site to insure that the completed work conforms
					 with the approved plans and specifications;
(v) that all hospice services will be
					 provided, and the hospice inpatient facility or unit, or hospice residence,
					 will be operated and maintained, in accordance with the standards prescribed by
					 law; and
(vi) that the applicant
					 will adequately equip and staff the hospice inpatient facility or unit, or
					 hospice residence, and all hospice programs of service to assure their proper
					 operation.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 9 - Hospice Operation › Part 791 - Approval Of Hospice Construction › Section 791.4 - Determination by the commissioner

Current through Register Vol. 46, No. 28, July 10, 2024
After receipt and review of the application and after the
						State Hospital Review and Planning Council and local health systems agency have
						had an opportunity to submit their recommendations, as required, the
						commissioner shall make his determination. If the application is approved, the
						applicant shall be notified that he is to proceed to implement the project in
						accordance with the application, the assurances given, the approval granted and
						the requirements of this Chapter.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 9 - Hospice Operation › Part 791 - Approval Of Hospice Construction › Section 791.5 - Implementation of an approved application

Current through Register Vol. 46, No. 28, July 10, 2024
Upon receipt of approval for construction, the governing
						authority of the hospice shall:
(a)
					 Implement an approved construction application for the addition of any article
					 40 certified hospice inpatient or hospice residence beds or a change in the
					 method of, or arrangement for, providing hospice inpatient or hospice residence
					 care and services if no physical construction is required; a change in the
					 hospice's geographic service area; the repair, maintenance, alteration or
					 acquisition of equipment; or the repair, maintenance, alteration, acquisition,
					 erection or building of an administrative office facility that does not provide
					 hospice inpatient or hospice residence care and services within 90 days of
					 receipt of the commissioner's approval of the application, unless such time
					 period is extended by the commissioner. Upon request of the applicant, the
					 commissioner may grant an initial extension not to exceed 60 days and, upon
					 another request of the applicant, the commissioner may grant a final extension
					 not to exceed 30 days. Any request for an extension shall be in writing and
					 shall set forth the reasons why the application could not be implemented within
					 the prescribed time.
(b) Proceed
					 with architectural plans and actual construction to implement an approved
					 construction application for the repair, maintenance, alteration, acquisition,
					 erection or building of a hospice inpatient facility or unit, or hospice
					 residence, or part thereof in accordance with the following:
(1) The applicant shall submit to the
					 department two sets of the design development plans containing the following:
(i) plans of each floor, showing the room
					 arrangement with the designation of each room and area;
(ii) such sections as are applicable to show
					 the structural system;
(iii) site
					 plan indicating proposed and existing roads, service and entrance courts,
					 boundaries of the property, parking and orientation of the buildings and all
					 outside utilities;
(iv) an outline
					 specification, including a general description of construction;
(v) design of heating, cooling, ventilation
					 and electrical systems;
(vi) design
					 of sewage disposal system and all potential air pollution sources;
(vii) design of food service area;
(viii) design of water supply
					 system;
(ix) cost estimates;
					 and
(x) such other information as
					 the commissioner may require.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 9 - Hospice Operation › Part 791 - Approval Of Hospice Construction › Section 791.7 - Nonallowance of costs

Current through Register Vol. 46, No. 28, July 10, 2024
Costs relating to any proposal, project or application,
						or any amendment or change thereto, for which approval is required under this
						Part and for which such approval was not obtained, shall not be considered
						allowable costs for reimbursement pursuant to any of the Subparts contained
						within Part 86 of this Title.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 9 - Hospice Operation › Part 791 - Approval Of Hospice Construction › Section 791.8 - Determination of public need

Current through Register Vol. 46, No. 28, July 10, 2024
The factors and methodology for determining public need
						with respect to a hospice construction application shall, as applicable,
						include, but need not be limited to, the criteria and methodology set forth in
						section 790.16 of this
						Title.