reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 82 - Health Systems Agencies › Subpart 82-2 - State Funding For Health Systems Agencies › Section 82-2.1 - Grants, general

Current through Register Vol. 46, No. 28, July 10, 2024
The Commissioner of Health, contingent upon appropriation
						by the Legislature, shall annually make a grant to each health systems agency
						for health planning and development. A grant under this Subpart shall be made
						on such conditions, including the submission of the agency's budget and annual
						programmatic and administrative plans, as the Commissioner of Health determines
						is necessary and appropriate, and shall be used by the health systems agency
						for compensation of health systems agency personnel, collection of data,
						planning, and the performance of the functions of the health systems agency. A
						health systems agency may use grant funds to make payments under contracts with
						other entities to assist the health systems agency in the performance of its
						functions as defined in section
						82-1.6  of
						this Part; but an agency may not use grant funds to make payments under a grant
						or contract with another entity for the development or delivery of health
						services or resources.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 82 - Health Systems Agencies › Subpart 82-2 - State Funding For Health Systems Agencies › Section 82-2.2 - Computation of grants

Current through Register Vol. 46, No. 28, July 10, 2024
The amount of any grant made to a health systems agency
						pursuant to this Subpart shall be determined by the Commissioner of Health, in
						accordance with appropriations made pursuant to law.
(a) Base support. The Commissioner of Health
					 shall allocate at least $250,000, contingent upon appropriation level, as base
					 support for each health systems agency and shall distribute any base support
					 according to an equitable formula.
(b) Matching support. Matching support shall
					 be provided based on the level of appropriation and shall be calculated based
					 on a ratio of the appropriation and funds raised and received during the
					 previous calendar year from other qualified sources including grants by local
					 and county governments, interest income, and grants or contributions made by
					 individuals or private entities excluding grants or contributions made by
					 individuals, private entities, or health maintenance organizations having a
					 financial, fiduciary, or other direct interest in the development, expansion,
					 or support of health resources. The calendar year shall be applied to promote
					 consistency and uniformity in measuring funds raised notwithstanding any
					 overlap that may occur in the initial year in measuring funds raised on which
					 state matching funds are calculated. For purposes of this paragraph, an
					 individual or entity shall not be considered to have such an interest solely on
					 the basis of (1) providing, directly or indirectly, health care for their
					 employees, nor (2) engaging in issuing any policy or contract of individual or
					 group health insurance or hospital or medical service benefits. Further, for
					 purposes of this paragraph, association of health facilities or providers of
					 health care shall not be considered to have such an interest. The funds raised
					 and received from other qualified sources on which state matching funds are
					 calculated and allocated shall be used solely for the purposes specified in
					 section
					 82-1.6  of
					 this Part.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 82 - Health Systems Agencies › Subpart 82-2 - State Funding For Health Systems Agencies › Section 82-2.3 - Termination

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A grant may be
					 terminated by the Commissioner of Health before the expiration of the
					 established funding period if (1) the health service area of the agency is
					 revised during the funding period or (2) the Commissioner of Health determines
					 that the health systems agency cannot effectively carry out the functions as
					 defined in section
					 82-1.6  of
					 this Part.
(b) Before the
					 Commissioner of Health may terminate the funding of a health systems agency,
					 the commissioner shall provide written notice of the reasons for termination
					 and shall provide the health systems agency with an opportunity to meet with
					 the Department of Health, present information and resolve the
					 deficiencies.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 82 - Health Systems Agencies › Subpart 82-2 - State Funding For Health Systems Agencies › Section 82-2.4 - Accounting

Current through Register Vol. 46, No. 28, July 10, 2024
The health systems agency shall maintain full and
						complete books, records and accounts, consistent with generally accepted
						accounting principles, pertinent to the receipt and disposition of state grant
						funds and other funds. Such books, records and accounts shall be retained for a
						period of six years from the date of disbursement of such grant funds and other
						funds by the health systems agency and shall at all times be made available for
						audit, inspection and copying by the Commissioner of Health, the State
						Comptroller and the Attorney General, or by their duly authorized
						representatives.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 82 - Health Systems Agencies › Subpart 82-2 - State Funding For Health Systems Agencies › Section 82-2.5 - Limitations on non-state sources of funding

Current through Register Vol. 46, No. 28, July 10, 2024
A health systems agency may enter into agreements and
						contracts with and receive grant funds, contributions or donations from such
						entities as:
(a) local, county, and
					 state governments;
(b)
					 not-for-profit organizations exempt from taxation pursuant to section 501(c)(3)
					 of title 26 of the United States Code, private industry, insurers of health
					 services, and other organizations, excluding, however, any such entities that
					 are providers of health care operating facilities licensed or certified
					 pursuant to the Public Health Law or Mental Hygiene Law except as may be
					 authorized in accordance with section
					 82-1.6(e)(1) 
					 of this Part; and
(c) associations
					 of health facilities or associations of providers of health care.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 82 - Health Systems Agencies › Subpart 82-2 - State Funding For Health Systems Agencies › Section 82-2.6 to 82-2.7 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 83-1.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The requirements and standards set forth in this Part
						shall apply to shared health facilities as defined.
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 83-1.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Shared
					 health facility
or
facility
shall mean any
					 arrangement or operation for the delivery of medical or health care or services
					 which meets all of the following requirements:
(1) Any combination of four or more
					 practitioners licensed under:
(i) article 131
					 of the Education Law (physician); or
(ii) article 131-A of the Education Law
					 (physical therapist, physiotherapist, physician's associate, specialist's
					 assistant); or
(iii) article 132 of
					 the Education Law (chiropractor); or
(iv) article 133 of the Education Law
					 (dentist, dental hygienist); or
(v)
					 article 137 of the Education Law (pharmacist); or
(vi) article 139 of the Education Law
					 (registered professional nurse, licensed practical nurse); or
(vii) article 141 of the Education Law
					 (podiatrist); or
(viii) article 143
					 of the Education Law (optometrist); or
(ix) article 144 of the Education Law
					 (ophthalmic dispensor, optician); or
(x) article 156 of the Education Law
					 (occupational therapist); or
(xi)
					 article 159 of the Education Law (speech pathologist, audiologist).
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 83-1.3 - Applicability of other laws, codes, rules and regulations

Current through Register Vol. 46, No. 28, July 10, 2024
Shared health facility providers, purveyors, operators,
						administrators, managers and employees shall comply with all Federal, State and
						local laws, codes, rules, and regulations pertaining to participation in the
						Medical Assistance Program, including, but not limited to pertinent sections
						and provisions of title XIX of the Social Security Act, the New York State
						Social Services Law, the New York State Public Health Law and codes, rules and
						regulations enacted pursuant thereto; the New York State Medical Handbook,
						medical plans of local social services districts, and with local laws,
						ordinances, codes, rules and regulations having general
						application.
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 83-1.4 - Registration of shared health facilities required

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No shared health facility shall be
					 operated in New York State after the effective date of this Part unless the
					 facility operator shall possess a valid facility registration issued by the
					 department.
(b) The registration
					 may specify the kind or kinds of medical care, services or supplies which may
					 be provided in the shared health facility. Such determinations may be based on
					 the availability of space, equipment and appropriate trained personnel in the
					 facility.
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 83-1.5 - Registration of shared health facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Application for the registration of a
					 shared health facility shall be made upon forms prescribed by the department
					 and shall contain the information required therein.
(b) Each operator of a shared health facility
					 shall apply for renewal of the registration not earlier than 90 days and not
					 later than 30 days prior to the expiration of the current facility
					 registration.
(1) Applications for
					 registration of shared health facilities shall be obtained from the department
					 regional office having responsibility for the administration and supervision of
					 the Medical Assistance Program in the local social services district in which
					 the shared health facility is located.
(2) The shared health facility registration
					 and registration number shall be issued in the name of the facility and the
					 facility operator, and shall not be transferred or discontinued except upon
					 written approval or demand of the department.
(3) A shared health facility registration,
					 issued pursuant to the application specified in this section, shall be issued
					 for a period not to exceed two years, shall be used by the facility operator
					 only for the designated place of operation and shall be prominently posted
					 within the designated premises.
(4)
					 The department may verify the information submitted on the application for a
					 registration. Such verification may be by onsite visit to the applicant
					 operator's premises and may include interview of any owner, operator,
					 practitioner, provider, purveyor, patient or employee encountered on the
					 premises, inspection of any business records, patient records, leases or other
					 contracts executed by any provider or purveyor maintaining a professional
					 practice or business on the premises, and any equipment or instruments used
					 therein.
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 83-1.7 - Required notifications

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 The owner, operator or manager of a shared health facility shall notify the
					 department within 15 days of any change in:
(1) the persons, partnerships or corporations
					 having ownership (including leasehold ownership) of the shared health
					 facility;
(2) the persons,
					 partnerships or corporations holding any mortgage, lien, leasehold or other
					 security interest in the shared health facility; and
(3) the individual designated to assume
					 functional responsibility for coordination and management of the activities
					 within the shared health facility.
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 83-1.8 - Quality of care requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
					 shared health facility shall:
(1) have an
					 individual designated as a manager or administrator, who shall have functional
					 responsibility for the management and coordination of activities within the
					 facility, and who shall help to ensure that the facility and its providers,
					 purveyors and employees comply with the various provisions of this
					 Part;
(2) have an appropriate means
					 of ensuring that:
(i) patients will be
					 scheduled to return to the facility for follow-up care or services when such
					 follow-up care or services are deemed necessary and appropriate; and
(ii) each patient will be treated or served
					 by practitioners, providers or purveyors familiar with the patient's medical
					 history.
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 83-1.9 - Daybook registry

Current through Register Vol. 46, No. 28, July 10, 2024
Each shared health facility shall maintain a central
						daybook registry which shall as a minimum record:
(a) the full name and Medical Assistance
					 Program number of all patients requesting or receiving care or services at the
					 facility;
(b) the chief complaint
					 of each patient;
(c) the names of
					 providers or purveyors whose services the patient requested and the names of
					 all providers and purveyors to whom the patient was directed or assigned;
					 and
(d) the name of the provider,
					 practitioner or purveyor from whom the patient was referred.
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 83-1.10 - Shared health facility report and audit requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each shared health facility shall
					 establish and maintain a system of uniform reports and internal utilization
					 review audits as prescribed by the commissioner.
(b) The information contained in the required
					 reports and audits shall be made available from time to time in such manner and
					 form as required by the department.
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 83-1.11 - Provider and purveyor leases

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Each shared health facility operator shall file with the department a true copy
					 of any lease and any renewal of a lease executed by the facility operator and
					 any provider or purveyor practicing his profession in the facility. If a lease
					 or lease renewal is verbally made, the operator shall file with the department
					 an accurate written account of the terms of such verbal agreement signed by all
					 parties to such agreement.
(b)
					 Copies of existing provider and purveyor leases shall be submitted to the
					 department together with the application for registration of a shared health
					 facility. Leases or lease renewals executed subsequent to the initial issuance
					 of a facility registration shall be filed with the department within 15 days of
					 execution.
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 83-1.12 - Prohibited practices-additional requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The fee for letting of space, provision
					 of services by supporting staff and employees, use or control of equipment or
					 for other considerations necessary for the provision of medical care and
					 services shall not be calculated or paid as a percentage of the earnings or
					 billings of the providers or purveyors for services rendered on the facility
					 premises.
(b) No purveyor, whether
					 or not located in a building which houses a shared health facility shall
					 directly or indirectly offer, pay or give to any provider, and no provider
					 shall directly or indirectly solicit, request, receive or accept from any
					 purveyor any sum of money, credit or other valuable consideration for:
(1) recommending or procuring goods, services
					 or equipment of such purveyor; or
(2) directing patronage or clientele to such
					 purveyor; or
(3) influencing any
					 person to refrain from using or utilizing goods, services or equipment of any
					 purveyor.
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 83-1.13 - Engineering and maintenance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Water
					 supplies of shared health facilities shall be operated in conformance with the
					 following requirements:
(1) water shall be
					 adequate in volume and pressure for all medical purposes;
(2) the water system shall not be operated
					 with physical connections to other piping systems or connections to fixtures
					 that may permit contamination of the water supply;
(3) the water system shall be operated with a
					 hot water system adequate for all medical purposes; and
(4) the hot water supply shall be regulated
					 by thermostatic or other control devices which shall be either locked or
					 located in places not accessible to patients or the general public so that the
					 hot water used by patients and the public is maintained at an even temperature
					 which cannot cause personal injury.
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 83-1.14 - Housekeeping

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The entire
					 facility, including, but not limited to the floors, walls, windows, doors,
					 ceilings, fixtures, equipment and furnishings shall be maintained in good
					 repair, clean and free of insects, rodents and trash.
(b) Dusting, mopping and vacuum cleaning
					 shall be done in a manner which will not spread dust or other particulate
					 matter.
(c) Adequate supplies and
					 equipment for housekeeping functions shall be provided; cleaning compounds and
					 hazardous substances shall be properly labeled and stored.
(d) Solid wastes, including garbage, rubbish
					 and other refuse, biological wastes and infectious material, shall be
					 collected, stored and disposed of in a manner that will prevent the
					 transmission of disease and not create a nuisance or fire hazard, nor provide a
					 breeding place for insects or rodents.
(e) Adequate measures shall be instituted for
					 the handling and disposal of infectious wastes, including needles and syringes,
					 dressings, surgical and biological wastes.
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 83-1.15 - Fire and safety

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Buildings
					 and equipment shall be so maintained as to prevent fire and other hazards to
					 personal safety.
(b) Exits,
					 stairways, doors and corridors shall be kept free of obstructions. Corridors or
					 passageways that do not provide a clear, unobstructed path to the outside shall
					 not be marked as exits.
(c)
					 Flammable and nonflammable medical gases shall be labeled, stored, handled and
					 used in compliance with the requirements of the
National Fire
					 Protection Association No. 56A Inhalation Anesthetics,
1973 Edition,
56B Respiratory Therapy
1973 Edition, and
56F
					 Non-Flammable Medical Gas Systems,
1973 Edition. These standards were
					 published by the National Fire Protection Association, Batterymarch Park,
					 Quincy, MA and a copy of each of these standards is available for inspection
					 and copying at the offices of the records access officer of the Department of
					 Health, Corning Tower, Empire State Plaza, Albany, NY.
(d) Flammable and combustible liquids shall
					 be labeled, stored, handled and used in compliance with the requirements of the
National Fire Protection Association No. 30, Flammable and Combustible
					 Liquids Code,
1973 Edition. This standard was published by the
					 National Fire Protection Association, Batterymarch Park, Quincy, MA and a copy
					 is available for inspection and copying at the offices of the records access
					 officer of the Department of Health, Corning Tower, Empire State Plaza, Albany,
					 NY.
(e) The facility shall exercise
					 proper safeguards for the prevention of accidents to patients, staff and
					 employees.
(f) Portable fire
					 extinguishers shall be provided in accordance with the
National Fire
					 Protection Association No. 10, Installation of Portable Fire Extinguishers,
1973 Edition, and shall be inspected at least annually, recharged or
					 repaired as needed and labeled with the date of the last inspection. This
					 standard was published by the National Fire Protection Association,
					 Batterymarch Park, Quincy, MA and a copy is available for inspection and
					 copying at the offices of the records access officer of the Department of
					 Health, Corning Tower, Empire State Plaza, Albany, NY.
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 83-1.16 - Infection control

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Shared health facilities shall assure that effective procedures in aseptic
					 technique are followed by all personnel.
(b) Shared health facilities shall provide
					 disposable covers for examination tables and for dental chair headrests and
					 assure that such covers are changed after each patient's use.
(c) Physicians practicing in shared health
					 facilities shall report the presence of any communicable disease as defined in
					 section
					 2.1 
					 of the State Sanitary Code, directly to the city, county or district health
					 officer and to the department within 24 hours from the time the case is first
					 seen by the physician.
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 83-1.17 - Linen and laundry

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Shared health facilities shall:
(1) provide a
					 sufficient quantity of clean linen to meet the requirements of
					 patients;
(2) separately bag or
					 enclose used linens from infectious patients in readily identified containers
					 distinguishable from other laundry; and
(3) transport and store clean linen in a
					 manner to prevent its contamination.
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 83-1.18 - Disinfection and sterilization

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Shared health facilities shall:
(1) assure proper cleaning, disinfection,
					 sterilization and storage of all equipment and supplies that require such
					 treatment;
(2) provide for monthly
					 bacteriological tests of sterilization processes, and keep a record of the
					 results of such tests; and
(3)
					 assure proper cleaning and disinfection or sterilization of gas, oxygen,
					 aspirating and vaporizing equipment.
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 83-2 - Certificate of Public Advantage › Section 83-2.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following terms shall have the following meanings for
						purposes of this Subpart:
(a)
Attorney General
means the Attorney General of the State of
					 New York.
(b)
Certificate
					 of public advantage
or
certificate
means a
					 certificate issued by the department pursuant to this Subpart signifying the
					 approval of a cooperative agreement or of a planning process.
(c)
Cooperative agreement
means an executed agreement among a health care provider and one or
					 more persons or entities, including other health care providers, governing any
					 of the following:
(1) the sharing,
					 allocation, or referral of patients, personnel, instructional programs,
					 information technology resources, support services and facilities, or medical,
					 diagnostic, or laboratory facilities or equipment, or procedures or other
					 services traditionally offered by health care providers or health care-related
					 entities, including but not limited to, the implementation of clinical
					 integration programs and payment mechanisms that involve the sharing of data
					 and resources to develop, implement, and monitor the effectiveness of, and
					 adherence to, performance standards, clinical protocols and evidence-based
					 practices; or
(2) a merger,
					 consolidation, purchase of stock or assets, partnership, joint venture, or any
					 other transaction or affiliation by which ownership or control over all or
					 substantially all of the stock, assets, or activities of one or more health
					 care providers, or health care-related entities, is transferred to another
					 entity who controls a health care provider or health care-related entity.
Cooperative agreement
shall not include any agreement that
					 would permit a health care provider to act in a manner which would be otherwise
					 prohibited by law, except as authorized pursuant to article 29-F of the Public
					 Health Law.
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 83-2 - Certificate of Public Advantage › Section 83-2.2 - Certificate of public advantage

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Effect.
Parties that have
					 received a certificate of public advantage issued by the department shall be
					 provided state action immunity under Federal antitrust laws and immunity from
					 private claims under state antitrust laws and may negotiate, enter into, and
					 conduct business pursuant to, a cooperative agreement or a planning process
					 covered by a duly issued certificate of public advantage. The Attorney General
					 may seek relief under state antitrust law after:
(1) consulting with the department, the
					 mental hygiene agencies as appropriate, and the parties to the certificate of
					 public advantage; and
(2) providing
					 the parties with a reasonable opportunity to modify their conduct or agreement,
					 if the challenged conduct is inconsistent with or beyond the scope of the
					 certificate of public advantage or if the Attorney General determines that the
					 anticompetitive effects of the parties' conduct or business arrangement
					 outweigh the benefits of the conduct or business arrangement.
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 83-2 - Certificate of Public Advantage › Section 83-2.3 - Public notice

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon
					 submission of an application for a certificate of public advantage or an
					 application to renew a certificate of public advantage, each party to be
					 covered by the certificate shall conspicuously post on its public website, in a
					 form determined by the department, a description of the application with an
					 electronic link to the section of the department's public website where
					 applications for certificates of public advantage are summarized. If the party
					 has no public website, it shall provide notice to the public in a manner
					 acceptable to the department.
(b)
					 The department shall publish on the department's public website a notice of the
					 receipt of each application for a certificate of public advantage, with a brief
					 summary of the application and instructions for persons wishing to provide
					 comments.
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 83-2 - Certificate of Public Advantage › Section 83-2.4 - Fees for applications and monitoring

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An application filing fee of $5,000 must
					 be paid to the department at the time an application for a certificate of
					 public advantage or for renewal of a certificate of public advantage is
					 submitted pursuant to this Subpart.
(b) The applicant shall also cover the cost
					 of consultants needed by the department to assist in the review of the
					 application for a certificate of public advantage and any subsequent
					 applications for renewal and in periodic monitoring, as determined by the
					 department.
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 83-2 - Certificate of Public Advantage › Section 83-2.5 - Review process

Current through Register Vol. 46, No. 28, July 10, 2024
The department shall review applications pursuant to this
						Subpart, in consultation with the Attorney General and, as appropriate, the
						mental hygiene agencies. The factors to be considered in evaluating
						applications shall include, but shall not be limited to:
(a) the financial condition of the parties to
					 the cooperative agreement, including whether any health care provider party is
					 experiencing financial distress and may be forced to cease operations or
					 eliminate a service in the absence of the cooperative agreement;
(b) the dynamics of the relevant primary
					 service area, including the availability of suitable and accessible health care
					 services and the level of competition in the primary service area, the
					 likelihood that other health care providers will enter or exit the primary
					 service area, the health care workforce and the existence of unique challenges
					 such as difficulties in recruiting and retaining health care
					 professionals;
(c) the potential
					 benefits of a cooperative agreement or planning process, including but not
					 limited to the likelihood that one or more of the following may result from
					 such cooperative agreement or planning process:
(1) preservation of needed health care
					 services in the relevant primary service area that would be at risk of
					 elimination in the absence of a cooperative agreement;
(2) improvement in the nature or distribution
					 of health care services in the primary service area, including expansion of
					 needed health care services or elimination of unnecessary health care
					 services;
(3) enhancement of the
					 quality of health care provided by the parties to the cooperative
					 agreement;
(4) expansion of access
					 to care by medically-underserved populations;
(5) lower costs and improved efficiency of
					 delivering health care services, including reductions in administrative and
					 capital costs and improvements in the utilization of health care provider
					 resources and equipment; or
(6)
					 implementation of payment methodologies that control excess utilization and
					 costs, while improving outcomes;
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 83-2 - Certificate of Public Advantage › Section 83-2.6 - Issuance of a certificate of public advantage

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department shall not issue a
					 certificate of public advantage without first consulting with the Attorney
					 General and, as appropriate, the mental hygiene agencies, and consulting with,
					 and receiving a recommendation from, the public health and health planning
					 council.
(b) After consulting with
					 the Attorney General, the mental hygiene agencies as appropriate, and the
					 public health and health planning council, and receiving a recommendation from
					 the public health and health planning council, the department may issue a
					 certificate of public advantage for the cooperative agreement or planning
					 process, if it determines that the benefits likely to result from the agreement
					 or planning process outweigh the disadvantages.
(c) The certificate shall include any
					 conditions that the department, in consultation with the Attorney General, the
					 mental hygiene agencies as appropriate, and the public health and health
					 planning council, and receiving a recommendation from the public health and
					 health planning council, determines to be appropriate in order to ensure that
					 the cooperative agreement or the planning process and the activities conducted
					 under it are consistent with article 29-F of the Public Health Law and its
					 purpose to improve health care quality, access, efficiency and clinical
					 outcomes. Such conditions shall be related to the proposed activities and goals
					 of the cooperative agreement or the planning process and may include, but need
					 not be limited to:
(1) implementation of a
					 clinical integration plan;
(2)
					 achievement of quality benchmarks, implementing evidence-based practices and
					 clinical protocols, reducing preventable admissions and readmissions and
					 sub-optimal emergency department use, and achieving other outcomes as
					 identified by the department;
(3)
					 maintaining or expanding certain services or levels of access by under-served
					 populations;
(4) investment in
					 primary care and population health activities;
(5) improvement in population health
					 benchmarks;
(6) measures to prevent
					 unwarranted price increases and achieve savings;
(7) measures to promote efficiencies and
					 achieve savings, including reductions in duplication of services, unnecessary
					 or preventable utilization, capital expenditures, and administrative
					 overhead;
(8) improvement in
					 recruitment and retention of needed health care professionals; and
(9) conditions reasonably necessary to
					 ameliorate likely disadvantages, including potential disadvantages identified
					 in section 83-2.5(d)  of this Subpart.
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 83-2 - Certificate of Public Advantage › Section 83-2.7 - Recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
The department shall maintain on file each cooperative
						agreement for which a certificate of public advantage is in effect and a copy
						of the certificate, including any conditions imposed on it.
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 83-2 - Certificate of Public Advantage › Section 83-2.8 - Modification and termination

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Any material modification of a cooperative agreement or planning process which
					 is the subject of a certificate of public advantage issued pursuant to this
					 Subpart shall be subject to the prior review and approval of the department in
					 consultation with the Attorney General, the mental hygiene agencies as
					 appropriate, and the public health and health planning council, and the receipt
					 of a recommendation from the public health and health planning
					 council.
(b) Any party to a
					 cooperative agreement covered by a certificate of public advantage that
					 terminates such agreement shall file a notice of termination with the
					 department at least 30 days prior to termination of the agreement, in addition
					 to any other notices or approvals required by applicable law or regulations.
					 Such notice of termination shall be provided by the department to the Attorney
					 General and, as appropriate, the mental hygiene agencies, and shall be deemed a
					 voluntary surrender of a certificate of public advantage pursuant to section
					 83-2.14  of this Subpart.
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 83-2 - Certificate of Public Advantage › Section 83-2.10 - Review after issuance of certificate of public advantage

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department shall review each periodic
					 report, application for renewal, and any information submitted in response to a
					 request under this Subpart, and consult with the Attorney General and, as
					 appropriate, the mental hygiene agencies, to determine, based on the factors
					 set forth in section 83-2.5  of this Subpart, whether:
(1) the benefits or likely benefits of the
					 cooperative agreement or the planning process continue to outweigh the
					 disadvantages or likely disadvantages that flow from the cooperative agreement
					 or planning process; and
(2) the
					 parties to the cooperative agreement or planning process are in compliance with
					 the conditions imposed on the certificate of public advantage.
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 83-2 - Certificate of Public Advantage › Section 83-2.11 - Application for renewal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 parties to a certificate of public advantage issued for a definite term may
					 renew such certificate. An application to renew the certificate of public
					 advantage shall, no later than 120 days prior to the expiration of the
					 certificate, be submitted to the department in a format determined by the
					 department and shall be provided by the department to the Attorney General and,
					 as appropriate, the mental hygiene agencies.
(b) The application for renewal shall include
					 the information required pursuant to section 83-2.9(b)  of this Subpart, unless
					 waived by the department, and any other information requested by the
					 department, and shall be accompanied by the fee set forth in section 83-2.4  of
					 this Subpart.
(c) A certificate of
					 public advantage may be renewed pursuant to the procedure set forth in section
					 83-2.10  of this Subpart for a period determined by the department, which shall
					 be no less than two years in duration, and shall be subject to active state
					 supervision pursuant to this Subpart.
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 83-2 - Certificate of Public Advantage › Section 83-2.12 - Revocation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department
					 may revoke, at any time, the certificate of public advantage, if any of the
					 following occur:
(1) the department, after
					 consultation with the Attorney General and, as appropriate, the mental hygiene
					 agencies, determines that the parties to a certificate of public advantage have
					 not complied with a condition or terms of such certificate of public
					 advantage;
(2) the department,
					 after consultation with the Attorney General and, as appropriate, the mental
					 hygiene agencies, determines that the benefits or likely benefits of the
					 cooperative agreement and the unavoidable costs of terminating the agreement do
					 not continue to outweigh the disadvantages or likely disadvantages resulting
					 from the agreement;
(3) the
					 Attorney General or, as appropriate, the mental hygiene agencies, objects to
					 the continuation of a certificate of public advantage and the department
					 determines, after consultation with the Attorney General and, as appropriate,
					 the mental hygiene agencies, that such objections are not overcome by modifying
					 the cooperative agreement or planning process or changing the conditions
					 imposed on the certificate of public advantage. Any modifications or changed
					 conditions must be satisfied by a date set or agreed to by the
					 department;
(4) the holder of a
					 certificate of public advantage fails to file a report required by this Subpart
					 or fails to provide information requested pursuant to a review under this
					 Subpart, after notice of default; or
(5) a change in State or Federal law or
					 regulations warrants revocation of the certificate of public
					 advantage.
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 83-2 - Certificate of Public Advantage › Section 83-2.13 - Hearing rights

Current through Register Vol. 46, No. 28, July 10, 2024
No certificate of public advantage shall be revoked
						without affording the applicant an opportunity to request a hearing pursuant to
						Part 51 of this Title.
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 83-2 - Certificate of Public Advantage › Section 83-2.14 - Voluntary surrender

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 parties to a cooperative agreement or a planning process may mutually agree to
					 voluntarily surrender their certificate of public advantage. At least 30 days
					 prior to the surrender of the certificate of public advantage, the parties
					 shall file a notice of such decision with the department. Such notice shall be
					 provided by the department to the Attorney General and, as appropriate, the
					 mental hygiene agencies.
(b) The
					 termination of the cooperative agreement which is the subject of the
					 certificate of public advantage by one or more parties to such cooperative
					 agreement shall be considered to result in a voluntary surrender.
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 83-2 - Certificate of Public Advantage › Section 83-2.15 - Effect of consultation or recommendations

Current through Register Vol. 46, No. 28, July 10, 2024
The response and recommendations of the Attorney General,
						the mental hygiene agencies as appropriate, and the public health and health
						planning council, when sought or required pursuant to any provision of this
						Subpart, shall be considered by the department; provided however that such
						recommendations or the result of such consultation shall not be binding on the
						department.
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 83-2 - Certificate of Public Advantage › Section 83-2.16 - Certificate of need and other requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Nothing in this Subpart shall relieve parties from any
						responsibility for compliance with laws or regulations governing certificate of
						need or other approval or notice submission requirements.