reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter B - Hospital Establishment › Part 600 - General Provisions › Section 600.7 - 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 Regional Hospital Review and Planning
				  Council 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 regional
				  council 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 Regional Hospital Review and Planning Council and the
				  Commissioner of Health.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter B - Hospital Establishment › Part 600 - General Provisions › Section 600.9 - 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 medical facility.
(b) The governing authority or operator shall
				  mean:
(1) the policy making body of a
				  government agency;
(2) the board of
				  directors or trustees of a not-for-profit corporation;
(3) the officers, directors and stockholders
				  of a business corporation; and
(4)
				  the proprietor or proprietors of a proprietary medical facility.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter B - Hospital Establishment › Part 600 - General Provisions › Section 600.10 - 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 be considered proper applicants for establishment,
					 transfer of interest or transfer of stock of a facility except that the
					 following persons may apply for establishment approval in accordance with and
					 subject to the requirements and conditions set forth in article 28 of the
					 Public Health Law:
(a) a natural
				  person appointed as trustee of an express testamentary trust created by a
				  deceased sole proprietor, partner or shareholder in the operation of a hospital
				  for the benefit of a person less than 25 years of age; or
(b) a natural person appointed conservator
				  pursuant to article 77 of the Mental Hygiene Law or a natural person appointed
				  committee of the property of an incompetent pursuant to article 78 of the
				  Mental Hygiene Law or a sole proprietor, partner or shareholder of a hospital,
				  with respect to a hospital owned by a conservatee or incompetent.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter B - Hospital Establishment › Part 600 - General Provisions › Section 600.11 - Name changes of operators and medical facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any change in the following shall require
				  the prior approval of the Public Health Council in accordance with the
				  requirements of this section and any other applicable requirements of law:
(1) the name of a not-for-profit corporation
				  operating a medical facility under article 28 of the Public Health
				  Law;
(2) the name of a
				  not-for-profit corporation authorized to solicit contributions for the
				  establishment or maintenance of any hospital pursuant to article 28 of the
				  Public Health Law;
(3) the assumed
				  name of a sole proprietor or a not-for-profit corporation operating a medical
				  facility under article 28 of the Public Health Law or of a not-for-profit
				  corporation authorized to solicit, contributions for the establishment or
				  maintenance of any hospital pursuant to article 28 of the Public Health Law,
				  whenever the prior assumed name was approved by the Public Health Council or
				  its predecessor; and
(4) the name
				  or assumed name of a business corporation, partnership or governmental
				  subdivision operating a medical facility under article 28 of the Public Health
				  Law whenever the prior name or prior assumed name was approved by the Public
				  Health Council or its predecessor.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter B - Hospital Establishment › Part 610 - Special Requirements For Nonprofit Corporations › Section 610.1 - Application for nonprofit corporation

Current through Register Vol. 46, No. 28, July 10, 2024
A nonprofit corporation seeking Public Health Council
					 approval shall comply with the provisions of Part 600 of this Title and in
					 addition shall file the following:
(a)
				  a photocopy of the executed proposed corporate certificate;
(b) a request for the council's approval of
				  such certificate, which request shall be properly executed by one or more
				  authorized persons and shall contain the prescribed information;
(c) approval of another State department or
				  agency where required by law, provided:
(1)
				  such approval or consent shall be obtained and attached to application;
				  or
(2) in the absence thereof, the
				  processing of such an application shall not be delayed provided that evidence
				  is submitted that a concurrent application has been made in good faith to
				  obtain the approval or consent of such State department or agency as required
				  by law. Such approval shall be obtained prior to action on the application by
				  the council;
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter B - Hospital Establishment › Part 610 - Special Requirements For Nonprofit Corporations › Section 610.2 - Application to solicit contributions

Current through Register Vol. 46, No. 28, July 10, 2024
A nonprofit corporation seeking Public Health Council
					 approval for authority to solicit contributions for any corporate purpose or
					 two or more purposes which require the approval of the council shall:
(a) File with its application the documents
				  and information required by section
				  600.1 of this Title and section
				  610.1 of this Part.
(b) Demonstrate to the satisfaction of the
				  council that it would be successful in raising funds necessary to establish the
				  proposed facility or program within the period planned, which shall not be more
				  than five years from the date of the council's approval. An application of this
				  kind shall otherwise be denied or granted on the basis of the same criteria as
				  required by section
				  600.2 of this Title.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter B - Hospital Establishment › Part 610 - Special Requirements For Nonprofit Corporations › Section 610.3 - Annual statement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				  corporation operating a facility shall file annually, upon forms provided by
				  the State Department of Health, a statement identifying the members of the
				  board of directors and the officers of the corporation.
(b) If any change has occurred in the members
				  of the board of directors or officers of the corporation, the corporation shall
				  file, for evaluation by the department which shall report to the council,
				  information and data with reference to:
(1)
				  the character, experience, competency and standing in the community of such
				  director or officer on forms provided by the department;
(2) such additional pertinent information or
				  documents as requested.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter B - Hospital Establishment › Part 610 - Special Requirements For Nonprofit Corporations › Section 610.4 - Director voting and conflicting interests

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) No
				  director of a nonprofit corporation operating a hospital shall vote, or be
				  counted in determining the quorum for any vote, on any transaction between such
				  hospital corporation and another corporation, firm, association or other entity
				  in which that director is an officer or director or has a direct or indirect
				  substantial financial interest. Any such quality of interest shall be disclosed
				  to the other directors of the hospital corporation and made a matter of record.
				  Such disclosure shall be made by the director involved or, in his absence, by
				  another director having knowledge of the facts. In addition to refraining from
				  voting, such director shall not participate in the deliberations nor use
				  personal influence in the matter and any such transaction shall be at least as
				  fair and reasonable to the hospital corporation as would otherwise then be
				  obtainable by such corporation.
(2)
				  For the purposes of paragraph (1) of this subdivision, a director or officer
				  shall be deemed to have a direct or indirect substantial financial interest in
				  any corporation, firm, association or other entity in which such person
				  together with such person's parents and spouse, and all descendants of either
				  of such person's parents or such person's spouse, have an aggregate beneficial
				  equity interest of 10 percent or more.
(3) This section shall not apply to such
				  directors of a nonprofit corporation operating a hospital who also serves as an
				  unsalaried officer or director of other nonprofit corporations which, having
				  received all requisite approvals, exist for the purpose of raising funds for
				  the operation and maintenance of, or to provide administrative, planning and
				  research support services to the nonprofit corporation operating the hospital,
				  with respect to transactions between the hospital corporation and such other
				  nonprofit corporations.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter B - Hospital Establishment › Part 620 - Incorporations And Transfers Of Proprietary Businesses › Section 620.2 - Transfers of interest by sole proprietors or partnerships

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An individual or partnership seeking
				  Public Health Council approval of transfer of all or part of the ownership of
				  the business shall file information, documents and data as follows:
(1) A certified copy of the applicant's
				  certificate of doing business, or where the applicant proposes to continue the
				  partnership name, a photocopy of the executed proposed certificate of doing
				  business.
(2) Where the applicant
				  is a partnership, full and true copies of all partnership agreements.
(3) A declaration of the percentage of the
				  business to be transferred.
(4) 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.
(5) Where any transfer is to be by gift, a
				  statement of the relationship between the donor and donee.
(6) Information as to the character,
				  experience, competence and standing in their community of the proposed
				  proprietor or partners.
(7) Where
				  the applicant proposes a change of name by which the facility is doing
				  business, a photocopy of the executed proposed certificate of doing
				  business.
(8) Such additional
				  pertinent information or documents necessary for the council's consideration,
				  as requested.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter B - Hospital Establishment › Part 620 - Incorporations And Transfers Of Proprietary Businesses › Section 620.3 - Transfers of stock

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An applicant
				  who proposes to purchase stock in a business corporation, the transfer of the
				  stock of which requires the approval of the Public Health Council, shall file
				  an application for such approval in accordance with the requirements of Part
				  600 of this Subchapter, and in addition, the following documents:
(1) A copy of the document giving approval
				  for the incorporation of the hospital business.
(2) An affidavit from each applicant setting
				  forth:
(i) that he is to be the sole
				  beneficial owner of the voting shares of the corporation of which he is to be
				  the holder of record; and
(ii) the
				  number of voting shares of the corporation of which he is to be the holder of
				  record.
(3) An affidavit
				  from the seller of the stock setting forth his name and address and stating
				  that:
(i) He was authorized by the aforesaid
				  document to own 10 percent or more of the stock of the corporation or that he
				  was authorized by the Public Health Council to acquire ownership of 10 percent
				  or more of the stock of the corporation.
(ii) The number of voting shares of the
				  corporation which he proposes to transfer to the applicant.
(iii) The purchase price of the shares to be
				  transferred to the applicant.
(4) The financial resources available for the
				  acquisition of the stock to be transferred, or the basis on which such transfer
				  is to be financed.
(5) If such
				  transfer of stock is to be by gift, a statement of the relationship between the
				  donor and donee.
(6) Such
				  additional pertinent information or documents necessary for the council's
				  consideration, as requested.
(7)
				  Any transfer, assignment or other disposition of 10 percent or more of the
				  stock or voting rights thereunder to the corporation, or any transfer,
				  assignment or other disposition of the stock or voting rights thereunder which
				  results in the ownership or control of more than 10 percent of the stock or
				  voting rights thereunder by the corporation, or any transfer, assignment or
				  other disposition of 10 percent or more of the stock or voting rights
				  thereunder by the corporation shall be subject to approval by the Public Health
				  Council in accordance with the requirements of Part 600 of this Subchapter and
				  the requirements of this section.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter B - Hospital Establishment › Part 620 - Incorporations And Transfers Of Proprietary Businesses › Section 620.5 - Limitation on transfer

Current through Register Vol. 46, No. 28, July 10, 2024
Any transfer pursuant to section
					 620.2 or section
					 620.3 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
					 notified of the transfer within 10 days thereafter. Any request for an
					 extension of time shall set forth 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 a withdrawal of the
					 application.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter B - Hospital Establishment › Part 630 - Special Requirements For Local Governmental Applicants › Section 630.1 - Application for approval for the establishment of hospitals, public home infirmaries or other facilities for inpatient care of the sick by a county, city, town, village or other governmental subdivision

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An application to the Public Health
				  Council for approval for the establishment of a public general hospital, public
				  home infirmary or other facility for inpatient care shall comply with the
				  provisions of Part 600 of this Title. Such application shall include:
(1) A request for the council's approval for
				  the establishment of the proposed facility or for the establishment of an
				  agency concerned with the establishment of any such facility which request
				  shall be made on the forms supplied therefor, be properly executed by one or
				  more authorized persons and contain the prescribed information.
(2) All other data and documents required or
				  submitted as part of the application.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter B - Hospital Establishment › Part 640 - Procedures For Approval Of The Development Of Comprehensive Health Services And The Establishment Of Such Facilities › Section 640.1 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part shall apply to all persons
					 interested in the development of comprehensive health services, which may
					 include but are not necessarily limited to in-patient hospital and physician
					 care, ambulatory health care and out-patient preventive medical services, and
					 which might require the establishment of hospital facilities. While it is not
					 necessary that such parties comply with the provisions of sections
					 640.2, 640.3 and
					 640.4 of this Part in sequence, it
					 is recommended that they do so, although any party capable of meeting the
					 requirements of any such section need not comply with the provisions of any
					 other section in order to obtain the approval provided for in the section
					 pursuant to which application has been made.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter B - Hospital Establishment › Part 640 - Procedures For Approval Of The Development Of Comprehensive Health Services And The Establishment Of Such Facilities › Section 640.2 - Applications for approval of planning for comprehensive health services

Current through Register Vol. 46, No. 28, July 10, 2024
Any person, partnership or corporation interested in
					 planning for comprehensive health services, not having sufficient information
					 necessary to determine whether the establishment of such facilities is feasible
					 at the time and place and under the circumstances proposed, should file an
					 application in accordance with the applicable provisions of Part 600 of this
					 Title for approval by the Public Health Council of the conduct of studies and
					 any other research and informational gathering techniques intended to provide
					 information as to the feasibility of the comprehensive health services
					 proposed.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter B - Hospital Establishment › Part 640 - Procedures For Approval Of The Development Of Comprehensive Health Services And The Establishment Of Such Facilities › Section 640.3 - Applications for authority for nonprofit corporations to solicit or apply for funds for development and establishment of comprehensive health services facilities

Current through Register Vol. 46, No. 28, July 10, 2024
Any person, partnership or corporation which does not have
					 the finances necessary to support the development of comprehensive health
					 services and the establishment of such facilities shall make application to the
					 Public Health Council for its approval of the solicitation of or application
					 for funds to be used for such development and establishment. Such application
					 shall be made in accordance with the provisions of Parts 600 and 610 of this
					 Title.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter B - Hospital Establishment › Part 640 - Procedures For Approval Of The Development Of Comprehensive Health Services And The Establishment Of Such Facilities › Section 640.4 - Applications for establishment of comprehensive health services facilities

Current through Register Vol. 46, No. 28, July 10, 2024
An applicant for approval of establishment to provide a
					 comprehensive health services facility shall make application for the approval
					 of the Public Health Council of such establishment in accordance with the
					 provisions of Parts 600, 610, 620 and 630 of this Title, as
					 applicable.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter B - Hospital Establishment › Part 650 - Dissolution Of Corporations › Section 650.1 - Applications for dissolution of corporations

Current through Register Vol. 46, No. 28, July 10, 2024
Corporations seeking the approval of the Public Health
					 Council of voluntary dissolution shall file information, documents and data as
					 follows:
(a) the public need for such
				  dissolution;
(b) the proposed
				  disposition of the assets of the corporation;
(c) the proposed certificate of dissolution
				  which shall in all respects conform with the applicable provisions of the
				  Not-for-Profit Corporation Law and all other pertinent laws of the State of New
				  York;
(d) the proposed plan of
				  dissolution and distribution of assets which shall in all respects conform with
				  the applicable provisions of the Not-for-Profit Corporation Law and all other
				  pertinent laws of the State of New York;
(e) the petition proposed to be submitted to
				  the court in support of the application for judicial approval of the proposed
				  plan of dissolution and distribution of assets; and
(f) such additional pertinent information and
				  documents which are deemed necessary for the council's consideration, as
				  requested.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter B - Hospital Establishment › Part 650 - Dissolution Of Corporations › Section 650.2 - Contingencies relative to approval of corporate dissolutions

Current through Register Vol. 46, No. 28, July 10, 2024
If the Public Health Council approves the dissolution of
					 the corporation, such approval shall be contingent upon the approval of the
					 plan of dissolution and distribution of assets by a court of competent
					 jurisdiction and the filing of a certified copy of the court order of such
					 approval.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter B - Hospital Establishment › Part 670 - Determination Of Public Need For Medical Facility Establishment › Section 670.2 - Acute care facilities

Current through Register Vol. 46, No. 28, July 10, 2024
The factors and methodology to be considered by the Public
					 Health Council for determining the public need for acute care facilities, beds
					 and services, shall include, but not be limited to, the substantive criteria
					 and methodology set forth in section
					 709.2 of this
					 Chapter.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter B - Hospital Establishment › Part 670 - Determination Of Public Need For Medical Facility Establishment › Section 670.4 - Ambulatory surgery services

Current through Register Vol. 46, No. 28, July 10, 2024
The factors and methodology to be considered by the Public
					 Health Council for determining the public need for ambulatory surgery services
					 and facilities, shall include, but not be limited to those set forth in section
					 709.5 of this
					 Title.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter B - Hospital Establishment › Part 670 - Determination Of Public Need For Medical Facility Establishment › Section 670.5 - Long-term inpatient rehabilitation programs for head-injured patients

Current through Register Vol. 46, No. 28, July 10, 2024
The factors and methodology to be considered by the Public
					 Health Council for determining the public need for long-term inpatient
					 rehabilitation program beds and services for head-injured patients shall
					 include, but not be limited to, the substantive criteria and methodology set
					 forth in section
					 709.11 of this
					 Chapter.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter B - Hospital Establishment › Part 680 - Central Services Facility Rural Health Networks › Section 680.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Subchapter, unless the following
					 context indicates otherwise, the following term shall have the following
					 meaning:
(a) Central services facility
				  rural health network shall mean a rural health network organized pursuant to
				  the not-for-profit corporation law and established pursuant to subdivision 14
				  of section
				  2801-a of
				  the Public Health Law which provides or arranges for the provision of health
				  care services pursuant to a network operational plan to residents of a rural
				  area, which health care services shall include, at a minimum, comprehensive
				  primary care; emergency care; outpatient and inpatient care. Such network may
				  offer any medical and health related service approved for practice, licensure
				  or certification in accordance with state law and regulation for which it is
				  able to provide appropriate technical and human resourses, respond to community
				  need, and assure quality in the delivery of services.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter B - Hospital Establishment › Part 680 - Central Services Facility Rural Health Networks › Section 680.2 - Applications for central services facility rural health network 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 State Department of Health, and
				  subscribed by the chief executive officer or other officer duly authorized by
				  the board of a corporate applicant. 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 directors. The
				  original and eight copies of the applications shall be filed with the
				  council.
(b) The following
				  documents and information shall be filed:
(1)
				  a photocopy of the proposed certificae of incorporation or certificate of
				  amendment which shall, in all respects, conform to the applicable provisions of
				  the Not-for-Profit Corporation Law and all other pertinent laws of the State of
				  New York. The certificate may include and shall be limited to the following
				  powers and purposes:
(i) perform studies,
				  feasibility surveys and planning with respect to development and operation of
				  such network;
(ii) implement a
				  network operational plan upon obtaining public health council and the
				  commissioner's approval to operate as a central services facility rural health
				  network;
(iii) enter into
				  agreements with non-network affiliated providers and other individuals,
				  partnerships, associations, corporations and appropriate federal and state
				  agencies as necessary to effectuate the purposes of the corporation;
(iv) solicit and accept grant awards and make
				  disbursements to affiliated network providers to effectuate the purposes of the
				  corporation;
(v) directly operate
				  or share operational authority with a hospital or hospitals as defined in
				  subdivision one of section
				  2801 of the
				  Public Health Law upon receiving public health council approval pursuant to
				  subdivisions two and three of section
				  2801-a of
				  the Public Health Law; and
(vi)
				  solicit contributions from the public to support the establishment or operation
				  of hospitals.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter B - Hospital Establishment › Part 680 - Central Services Facility Rural Health Networks › Section 680.3 - Requirements for approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  application must be in proper form and complete.
(b) The applicant must satisfactorily
				  demonstrate to the council:
(1) that the
				  incorporators, members of the board of directors and officers are of such
				  character, experience, competence and standing in the community 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
(2) that, with respect to each incorporator,
				  director and officer of the proposed central services facility rural health
				  network corporation who is already or within the past 10 years has been an
				  incorporator, director, sponsor, principal stockholder or operator of any
				  facility or plan licensed or certfied pursuant to article 28, 36, 40 or 44 of
				  the Public Health Law, a substantially consistent high level of care has been
				  rendered in each such facility or plan with which the applicant is or has been
				  affiliated during the past 10 years in accordance with section
				  600.2(b)(4)and
				  (c) of this Title.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter B - Hospital Establishment › Part 680 - Central Services Facility Rural Health Networks › Section 680.4 - Amendments

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.
(b) Any amendment to an application which
				  constitutes a substantial change in the information 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 final council
				  approval, any change as set forth in this subdivision shall constitute an
				  amendment to the application and the applicant shall submit appropriate
				  dovumentation as may be required in support of such amendment. The amended
				  application shall be referred to the State Hospital Review and Planning Council
				  for their comments. The approval of the Public Health Council must be obtained
				  for any amended application. Any change in the principals of the applicant as
				  considered by the council shall be considered an amendment.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter B - Hospital Establishment › Part 680 - Central Services Facility Rural Health Networks › Section 680.5 - Decisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Copies of the
				  resolution of the Public Health Council approving or disapproving on
				  application shall be transmitted to the applicant, the State Hospital Review
				  and Planning Council and the Commissioner of Health.
(b) Copies of a notice that the council in
				  considering the disapproval of an application or action contrary to the
				  recommendation of the State Hospital Review and Planning Council and affording
				  an oportunity to request a public hearing shall be transmitted to the
				  applicant, the State Hospital Review and Planning Council and the Commissioner
				  of Health.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter B - Hospital Establishment › Part 680 - Central Services Facility Rural Health Networks › Section 680.6 - 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, it must
				  be made within 10 days subsequent to the meeting of such council 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 B - Hospital Establishment › Part 680 - Central Services Facility Rural Health Networks › Section 680.7 - Annual statement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				  central services facility rural health network shall file annually with the
				  council a statement identifying the members of the board of directors, the
				  members and the officers of the corporation.
(b) If any change has occured in the members
				  of the board of directors, the members or officers of the corporation, the
				  corporation shall file, for evaluation by the department which shall report to
				  the council, information and data with respect to:
(1) the character, experience, competency and
				  standing in the community of each such new director or officer;
(2) the identity of each new member together
				  with the certificate of incorporation and bylaws of each new corporate member;
				  and
(3) such additional information
				  or documentation as may be required
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter B - Hospital Establishment › Part 680 - Central Services Facility Rural Health Networks › Section 680.8 - Withdrawals or abandonment of applications and failure to satisfy contingencies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) 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. Such resubmission shall
				  be subject to the provisions relating to amendments.
(b) The failure, neglect or refusal of an
				  applicant to submit documentation or information, within a stated time frame,
				  to satisfy a contingency imposed by the Public Health Council in conjunction
				  with the council's proposal to approve an application shall constitute and be
				  deemed on abandonment or withdrawl of the application by the applicant without
				  the need for further action by the council.
(c) When an applicant submits documentation
				  or information, within the stated time frame, in an attempt to satisfy a
				  contingency imposed by the Public Health Council but the department, on behalf
				  of the council, does not consider the documentation or information sufficient
				  to satisfy the contingency, the application shall be returned to the council
				  for whatever action the council deems appropriate.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter B - Hospital Establishment › Part 680 - Central Services Facility Rural Health Networks › Section 680.9 - Revocation, limitation and annulment of approval's of establishment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An approval of
				  establishment to operate as a central services facility rural health network
				  may be revoked, limited or annulled by the Public Health Council if it finds:
(1) that the established operator has been
				  found guilty of fraud or deceipt 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) that the operating certificate of a
				  hospital operated by a central services facility rural health network
				  established pursuant to section
				  680.10 of this Part has been
				  revoked, limited or annulled pursuant to the applicable provisions of
				  law;
(3) that a hospital operated
				  by a central services facility rural health network established pursuant to
				  section 680.10 of this Part caused or
				  allowed a patient to be subjected to violence or abuse by an employee,
				  consultant, volunteer or other person serving in any capacity in the hospital
				  or that a hospital has failed to comply with the provisions of article 28 of
				  the Public Health Law or the rules and regulations promulgated
				  thereunder;
(4) that the
				  established operator has been convicted in a court of competent jurisdiction,
				  either within or without the State, of a crime;
(5) that the operator has transferred
				  operating control of the central services facility rural health network, or a
				  hospital which it operates, within the meaning of section
				  405.1(c) of this
				  Title without Public Health Council approval;
(6) that the established operator has granted
				  any person convicted of a crime relating to hospital activities the authority
				  to direct or cause the direction of the operations, management or policies of
				  the corporation or a hospital operated by the corporation;
(7) that the established operator has failed
				  to comply with any condition, limitation or other requirement imposed by this
				  Part or as part of, or in conjunction with, the approval of the
				  establishment;
(8) that a final
				  disapproval to operate as a central services facility rural health network has
				  been issued by the commissioner; or
(9) that the commissioner has revoked
				  approval of a central services facility rural health network operational plan
				  in accordance with section
				  408.4(a) of this
				  Title.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter B - Hospital Establishment › Part 680 - Central Services Facility Rural Health Networks › Section 680.10 - Approval to operate a hospital

Current through Register Vol. 46, No. 28, July 10, 2024
A corporation which has received Public Health Council
					 establishment approval to operate as a central services facility rural health
					 network and seeks approval to establish and construct or aquire a hospital, or
					 seeks joint establishment approval to share operational authority with the
					 operator of a hospital in accordance with subdivision (c) of section
					 405.1 of this Title, shall comply
					 with the provisions of Parts 600 and 610 of this Title.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 1 - General Provisions › Part 700 - General › Section 700.1 - Title

Current through Register Vol. 46, No. 28, July 10, 2024
This Subchapter shall be known and may be cited as the
						"State Hospital Code."
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 1 - General Provisions › Part 700 - General › Section 700.3 - Assessment of long-term care patients

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) For patients who require placement or
					 continued stay in a nursing home or health- related facility, the
					 Hospital/Community PRI or the PRI shall be completed by a registered
					 professional nurse who has successfully completed a training program in patient
					 case mix assessment approved by the department to train individuals in the
					 completing of the patient review form (PRI) as contained in section
					 86-2.30(i) of
					 this Title, or the Hospital/Community patient review form (Hospital/Community
					 PRI) as contained in section
					 400.13 of this Title. For patients
					 who require placement or continued stay in a nursing home or a health-related
					 facility, the SCREEN shall be completed by a professional with demonstrated
					 skills in assessing psychosocial situations, including but not limited to
					 social work and discharge planning professionals, who has successfully
					 completed a training program in patient case mix screening approved by the
					 department to train individuals in the completion of the patient screening form
					 (SCREEN), as contained in section
					 400.12 of this Title; or
(2) Each general hospital shall have on staff
					 trained and qualified screener(s) and assessor(s) in such numbers as specified
					 in section
					 85.8(c)(1)(ii) of
					 this Title, who shall be responsible for and attest to the accuracy of
					 Hospital/Community PRI's, PRI's and SCREEN's as contained in sections
					 400.13,
					 86-2.30(i)  and
					 400.12 of this Title,
					 respectively. Each residential health care facility shall have on staff trained
					 and qualified screener(s) and assessor(s) who shall be responsible for and
					 attest to the accuracy of PRI's and SCREEN's.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 1 - General Provisions › Part 700 - General › Section 700.4 - The role of the licensed practical nurse in intravenous therapy procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For
					 purposes of this section, agency shall mean an entity licensed, authorized or
					 certified to operate pursuant to articles 36 or 40 of the Public Health
					 Law.
(b) An agency may allow
					 specially trained licensed practical nurses, under the supervision of a
					 qualified registered professional nurse or physician, to perform all
					 intravenous therapy procedures except for the administration of blood and blood
					 products, intravenous anti-neoplastic agents, a bolus of medication by
					 intravenous push unless it is administered in the course of chronic
					 hemodialysis treatment as permitted in this chapter and procedures involving
					 central venous lines.
(c) In order
					 to utilize a licensed practical nurse to perform intravenous therapy procedures
					 in a home setting, the agency shall require that:
(1) the licensed practical nurse has
					 satisfactorily completed a training program and supervised clinical experience
					 in intravenous therapy procedures in a general hospital and is assigned to
					 perform such procedures only for patients who are considered to be medically
					 stable;
(2) a registered
					 professional nurse initiates and monitors all new intravenous therapy
					 medications the patient receives and continues to administer subsequent doses
					 if it is determined to be necessary by the registered professional
					 nurse;
(3) a registered
					 professional nurse who is competent and knowledgeable about the administration
					 of intravenous medications and familiar with the patient's condition be
					 available immediately to the licensed practical nurse by telephone for
					 consultation; and
(4) licensed
					 practical nurses not be assigned to handle any central venous line
					 procedure.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 1 - General Provisions › Part 700 - General › Section 700.5 - Commissioner authority to suspend and modify regulations

Current through Register Vol. 46, No. 28, July 10, 2024
During the period of a State disaster emergency declared
						pursuant to section
						28 of the
						Executive Law, the State Commissioner of Health or their designee may suspend
						or modify any provision, of parts thereof, of this Subchapter, that is not
						otherwise required by State statute or federal law, if compliance with such
						provisions, or parts thereof, would prevent, hinder, or delay action necessary
						to cope with the State disaster emergency, or if necessary to assist or aid in
						coping with such disaster. Such suspension or modifications may include any
						modifications of regulation, exceptions, limitations or other conditions as the
						Commissioner or their designee deems appropriate and necessary to respond to
						the disaster emergency. Provided, further, that should the Governor declare a
						State disaster emergency pursuant to section
						28 of the
						Executive Law, which suspends or otherwise modifies State statutes pursuant to
						the Governor's authority under section
						29-a of the
						Executive Law, the Commissioner or their designee may suspend or modify any
						provision of any regulation that is consistent with the statutory authority as
						modified or suspended, for the period of such suspension or
						modification.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 1 - General Provisions › Part 702 - Environmental Health › Section 702.1 - Engineering and maintenance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Water
					 supplies of medical facilities shall be operated in conformance with the
					 following requirements:
(1) all water used in
					 operation shall be provided from a public water supply or from an alternate
					 source, in either event, as approved by the department;
(2) no changes shall be made in the source or
					 treatment of the water supply without approval of the department;
(3) water shall be adequate in volume and
					 pressure for all medical purposes;
(4) 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;
(5) the water system shall be operated with a
					 hot water system adequate for all medical purposes; and
(6) 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 by 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 V - Medical Facilities › Subchapter C - State Hospital Code › Article 1 - General Provisions › Part 702 - Environmental Health › Section 702.2 - 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) Responsibility for direct supervision of
					 housekeeping service shall be assigned to one person, properly qualified by
					 training and experience.
(c)
					 Dusting, mopping and vacuum cleaning shall be done in a manner which will not
					 spread dust or other particulate matter.
(d) Adequate supplies and equipment for
					 housekeeping functions shall be provided with cleaning compounds and hazardous
					 substances properly labeled and stored.
(e) Solid wastes, including garbage, rubbish
					 and other refuse, biological wastes and infectious materials, 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; dressings, surgical, biological and
					 obstertical wastes, infectious materials and disposable syringes and needles
					 shall be destroyed on the premises by incineration, or as approved by the
					 department.