New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 83 - Shared Health Facilities › Subpart 83-1 - Shared Health Facilities › Section 83-1.6 - Denial of applications for registration; suspension or revocation of registrations

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 The department may deny the issuance of a registration, revoke or suspend the
					 registration of a shared health facility upon one or more of the following
					 grounds:
(1) a finding by the department that
					 false information was submitted as part of the application;
(2) a finding of fraudulent practices on the
					 part of any of the facility's providers or purveyors;
(3) a finding by the department that the
					 facility is not in substantial compliance with the minimum physical or
					 environmental standards for shared health facilities as set forth in this Part,
					 provided, however, that a provisional registration may be issued to a facility
					 operating prior to September 1, 1977, which is not in substantial compliance
					 with these regulations when the condition of the premises does not constitute
					 an immediate danger to the public health; the physical deficiencies are capable
					 of correction within a set period of time; and the applicant or applicants
					 warrant that the specified deficiencies will be corrected within that
					 period;
(4) a finding by the
					 department that the facility has failed to comply with the rules and
					 regulations set forth in this Part;
(5) a finding by the department that any
					 individual having a direct or indirect interest in the facility operation or
					 business, or the manager or administrator of such facility is not of the
					 requisite good moral character:
(i) no
					 application for registration shall be denied solely on the basis that an
					 individual has been convicted of a crime without consideration having been
					 given to:
(a) the public policy of the State
					 to encourage the licensure and employment of persons previously convicted of
					 one or more criminal offenses;
(b)
					 the specific duties and responsibilities necessarily related to the operation
					 of a shared health facility;
(c)
					 the bearing, if any, the criminal offense or offenses for which the person was
					 previously convicted will have on his fitness or ability to perform one or more
					 of such duties and responsibilities;
(d) the time which has elapsed since the
					 occurrence of the criminal offense or offenses;
(e) the age of the person at the time of
					 occurrence of the criminal offense or offenses;
(f) the seriousness of the offense or
					 offenses;
(g) any information
					 produced by the person, or produced on his behalf, in regard to his
					 rehabilitation and good conduct; and
(h) the legitimate interest of the department
					 in preventing abuses in shared health facilities and in ensuring the quality,
					 continuity and coordination of medical care provided in such
					 facilities.
(ii) In
					 making a determination as to the moral character of any such person, the
					 department shall also give consideration to a certificate of relief from
					 disabilities or a certificate of good conduct issued to such person, which
					 certificate shall create a presumption of rehabilitation in regard to the
					 offense or offenses specified therein.