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 790.11 - Establishment of business corporations

Current through Register Vol. 46, No. 28, July 10, 2024
Only a natural person may own, hold or have the power to
						vote the stock in a corporation that operates a hospice. Persons seeking the
						approval of the Public Health Council for the formation of a business
						corporation to be established as the operator of a hospice shall provide, in
						addition to meeting the other applicable requirements of this Part,
						information, documents and data as follows:
(a) A photocopy of the executed proposed
					 certificate of incorporation which shall, in all respects, conform to the
					 applicable provisions of the Business Corporation Law and all other pertinent
					 laws of the State of New York. Such certificate of incorporation shall contain
					 provisions to the following effect:
(1) The
					 corporate powers and purposes shall be limited to the ownership and operation,
					 or operation, of a hospice or hospices specifically named and the location or
					 locations of which are specifically designated by city, town, village and
					 county; provided, however, that the corporate powers and purposes may also
					 include the ownership and operation, or operation, of a hospital or hospitals,
					 as defined in article 28 of the Public Health Law, or of a certified home
					 health agency or licensed home care services agency or agencies as defined in
					 article 36 of the Public Health Law, or a health maintenance organization as
					 defined in article 44 of the Public Health Law; if the corporation has received
					 all approvals required under such law to own and operate such hospital or
					 hospitals, home care services agency or agencies or health maintenance
					 organization.
(2) The location of
					 the principal office of the corporation which shall be at the same address as a
					 hospice, hospital, home care services agency or health maintenance organization
					 which is to be operated by the corporation in the State of New York.
(3) No person shall own or have the power to
					 vote 10 percent or more of the issued and outstanding stock of the corporation
					 unless the Public Health Council has approved such ownership or
					 control.
(4) All stock certificates
					 of the corporation shall bear on the face thereof the following:
(i) No person shall own or control 10 percent
					 or more of the stock or voting rights thereunder of the corporation unless the
					 Public Health Council has first approved such ownership or control.
(ii) Any transfer, assignment or other
					 disposition of the stock or voting rights thereunder of the corporation which
					 results in the ownership or control of 10 percent or more of the stock or
					 voting rights thereunder of the corporation by any person shall be subject to
					 the prior approval by the Public Health Council.
(iii) No stock or voting rights thereunder of
					 the corporation may be owned or controlled by another corporation.
(5) Stock shall consist of one
					 class of common stock only.