New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 1 - General › Part 401 - All Facilities-operating Certificates › Section 401.1 - Issuance of operating certificates

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For new facilities, an
					 establishment/construction application will contain the information necessary
					 for automatic issuance of the initial operating certificate following final
					 approval of the establishment/construction application. For purposes of this
					 subdivision, final approval of the establishment/construction application shall
					 consist of all final approvals, surveys and satisfaction of any contingency
					 conditions.
(b) An operating
					 certificate issued pursuant to subdivision (a) of this section shall remain in
					 force until revised, annulled, revoked or surrendered, unless an expiration
					 date is specified in the operating certificate as a result of a determination
					 that a subsequent evaluation is necessary to ensure that the facility is
					 operating in compliance with Public Health Law, article 28 and the rules and
					 regulations promulgated thereunder.
(c) Upon the death of any person, party or
					 member of a partnership to whom an operating certificate has been issued, the
					 commissioner may permit the facility to continue operating under the existing
					 operating certificate for such time as in his or her discretion shall be
					 required for the transfer of such decedent's interest in the facility, for the
					 processing of an application to the State Public Health Council for approval of
					 establishment of a transferee of such decedent's interest and for the
					 processing of an operating certificate on behalf of such transferee.
(d) Medical facilities not under the
					 direction of the same governing authority, with each facility separately
					 incorporated or owned and each operated by separate governing authorities, even
					 though located on the same premises, shall each require a separate operating
					 certificate.
(e) In addition to the
					 operating certificate issued to each municipal hospital in a municipality
					 having more than one such hospital, the municipality operating such hospital
					 system shall have a separate operating certificate.
(f) Notwithstanding the limitations of this
					 section, the commissioner upon a showing that efficiency of operations and
					 services will result, may issue one operating certificate to a hospital when
					 the facility is operated by one governing authority. A determination of
					 efficiency of operation shall be based upon the following:
(1) Operational elements:
(i) existence of a single medical staff
					 organization;
(ii) existence of a
					 single credentialing, appointment, and privileges process for medical
					 staff;
(iii) one chief executive
					 officer accountable to the governing body;
(iv) uniform hospital policies;
(v) uniform patient care policies;
					 and
(vi) uniform medical education
					 and allied health programs, if applicable.