New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter B - Hospital Establishment › Part 600 - General Provisions › Section 600.1 - Applications for 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, a general partner or
				  proprietor of the proposed medical facility, or, where an application is to be
				  submitted by a local governmental applicant, the president or chairman of the
				  board of the proposed facility or the chief executive officer if there is no
				  board; and accompanied by a certified copy of a resolution of the board of a
				  corporate applicant authorizing the undertaking which is the subject of the
				  application, and the subscribing and submission thereof by an appropriate
				  designated individual. 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 stockholders or directors. If a
				  local governmental applicant submitting an application has not designated a
				  president, chairman or chief executive officer for the proposed facility, the
				  application shall be subscribed by the chairman or president of the local
				  legislature or board of supervisors having jurisdiction, or other appropriate
				  executive officer. An original application and eight copies thereof shall be
				  prepared. The original and eight copies shall be filed with the council through
				  the project management unit in the department's central office in Albany which
				  shall transmit one copy to the health systems agency having geographic
				  jurisdiction.
(b) Applications to
				  the council shall contain information and data with reference to:
(1) the public need for the existence of the
				  facility or the proposed facility at the time and place and under the
				  circumstances proposed;
(2) the
				  character, experience, competency and standing in the community of the proposed
				  incorporators, directors, stockholders, sponsors, individual operators or
				  partners;
(3) the financial
				  resources and sources of future revenue of the facility to be operated by the
				  applicant;
(4) the fitness and
				  adequacy of the premises and equipment to be used by the applicant for the
				  proposed facility;
(5) the
				  following documents shall be filed:
(i) a
				  certified copy of the applicant's certificate of doing business;
(ii) where the applicant is a partnership,
				  full and true copies of all partnership agreements, which shall include the
				  following language:
"By signing this agreement, each member of the partnership
					 created by the terms of this agreement acknowledges that the partnership and
					 each member thereof has a duty to report to the New York State Department of
					 Health any proposed change in the membership of the partnership. The partners
					 also acknowledge that the prior written approval of the Public Health Council
					 is necessary for such change before such change is made, except that a change
					 resulting from an emergency caused by the severe illness, incompetency or death
					 of a member of the partnership shall require immediate notification to the New
					 York State Department of Health of such fact and application shall be made for
					 the approval by both the Public Health Council and the New York State
					 Department of Health of such change within 30 days of the commencement of such
					 emergency. The partners also acknowledge that they shall be individually and
					 severally liable for failure to make the aforementioned reports and/or
					 applications";
(iii) a
				  health equity impact assessment, if applicable, pursuant to section
				  2802-b of
				  the Public Health Law and section
				  400.26 of this Title;
(iv) such additional pertinent information or
				  documents necessary for the council's consideration, as
				  requested.