N.Y. Public Health Law § 4004: Establishment of hospices

§ 4004. Establishment of hospices. 1. The commissioner shall not

issue a certificate of approval to any hospice except with the written

approval of the public health and health planning council. However, a

hospice demonstration program participant making application to the

commissioner solely to establish a hospice shall be deemed to have met

such requirement.

2. An application for approval of the proposed hospice shall be filed

with the public health and health planning council together with such

other forms and information as shall be prescribed by, or acceptable to,

the public health and health planning council. Thereafter, the public

health and health planning council shall forward a copy of the proposed

application for establishment and accompanying documents to the health

systems agency, if any, having geographical jurisdiction of the area

where the services of the proposed hospice are to be offered. The public

health and health planning council shall act upon such application after

the health systems agency has had a reasonable time to submit its

recommendations. At the time members of the public health and health

planning council are notified that an application is scheduled for

consideration, the applicant and the health systems agency shall be so

notified in writing. The public health and health planning council shall

not take any action contrary to the advice of the health systems agency

until it affords to the health system agency an opportunity to request a

public hearing and, if so requested, a public hearing shall be held. If

the public health and health planning council proposes to disapprove the

application, it shall afford the applicant an opportunity to request a

public hearing. The public health and health planning council may hold a

public hearing on the application on its own motion. Any public hearing

held pursuant to this subdivision may be conducted by the public health

and health planning council or by any individual designated by the

public health and health planning council. The public health and health

planning council shall not approve an application for establishment

unless it is satisfied, insofar as applicable, as to (a) the public need

for the existence of the hospice at the time and place and under the

circumstances proposed; (b) the character, competence, and standing in

the community, of the proposed incorporators, directors, sponsors,

stockholders or operators; (c) the financial resources of the proposed

hospice and its sources of future revenues; and (d) such other matters

as it shall deem pertinent.

3. (a) No hospice shall be approved for establishment which would be

operated by a corporation any of the stock of which is owned by another

corporation.

(b) Any change in the person, principal stockholder or partnership

which is the operator of a hospice shall be approved by the public

health and health planning council in accordance with the provisions of

subdivisions one and two of this section.

4. (a) The public health and health planning council, by a majority

vote of its members, shall adopt and amend rules and regulations, to

effectuate the provisions and purposes of this section, and to provide

for the revocation, limitation or annulment of approvals of

establishment.

(b) (i) No approval of establishment shall be revoked, limited or

annulled without first offering the person who received such approval

the opportunity of requesting a public hearing, (ii) the commissioner,

at the request of the public health and health planning council, shall

fix a time and place for any such hearing requested, (iii) notice of the

time and place of the hearing shall be served in person or mailed by

registered mail to the person who has received establishment approval at

least twenty-one days before the date fixed for the hearing, (iv) such

person shall file with the department, not less than eight days prior to

the hearing, a written answer, (v) all orders or determinations

hereunder shall be subject to review as provided in article

seventy-eight of the civil practice law and rules. Application for such

review must be made within sixty days after service in person or by

registered mail of a copy of such order or determination.

5. (a) The commissioner shall charge to applicants for the

establishment of a hospice an application fee in the amount of two

thousand dollars.

(b) An applicant for both establishment and construction of a hospice

shall not be subject to this subdivision and shall be subject to fees

and charges as set forth in section four thousand six of this article.

(c) All fees pursuant to this section shall be payable to the

department of health for deposit into the special revenue funds - other,

miscellaneous special revenue fund - 339, certificate of need account.