N.Y. Public Health Law § 4008: Certification of hospices

§ 4008. Certification of hospices. 1. The commissioner shall not issue

a certificate of approval to any hospice unless it complies with the

provisions of this article and the rules and regulations promulgated

pursuant thereto, in accordance with the standards and procedures

adopted by the state hospital review and planning council, and is

qualified to participate as a hospice under title XVIII of the Federal

Social Security Act, provided, however that the commissioner shall issue

a certificate of approval to a hospice if he is satisfied that the

hospice cannot qualify to participate as a hospice under title XVIII of

the Federal Social Security Act solely because it proposes to provide

nursing services by arrangement with a certified home health agency. No

person, partnership or organization shall hold itself out as a hospice

unless it shall possess a valid certificate of approval.

2. Any hospice demonstration program participant applying for a

certificate of approval by the first day of June nineteen hundred

eighty-four and meeting all applicable standards shall be issued a

certificate of approval.

3. Subject to the provisions of this section and section four thousand

ten of this article, contractual agreements between a hospice and other

providers of other care and services shall not be prohibited, and a

hospice may employ and enter into contracts with any licensed healthcare

professional or any lawful combination thereof in relation to services

provided by the hospice under this article, provided that the hospice

maintains full responsibility for the planning, coordination and quality

of such services and the adherence to the plan of care established for

the patients.

4. A hospice certificate of approval may be revoked, suspended,

limited or annulled by the commissioner on proof that the hospice has

failed to comply with the provisions of this article or rules and

regulations promulgated thereunder.

5. No hospice certificate of approval shall be revoked, suspended,

limited or annulled without a hearing. However, a certificate may be

temporarily suspended or limited without a hearing for a period not in

excess of thirty days upon written notice to the hospice following a

finding by the department that the public health or safety is in

imminent danger.

6. The commissioner shall fix a time and place for the hearing. A

copy of the charges, together with the notice of the time and place of

the hearing, shall be served in person or mailed by registered or

certified mail to the hospice at least twenty-one days before the date

fixed for the hearing. The hospice shall file with the department not

less than eight days prior to the hearing, a written answer to the

charges.

7. 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 or certified mail of a copy of the

order or determination upon the applicant.

8. (a) Notwithstanding the provisions of subdivisions five through

seven of this section, the commissioner shall suspend, limit or revoke a

hospice certificate of approval after taking into consideration the

public need for the hospice and the availability of other services which

may serve as alternatives or substitutes, and after finding that

suspending, limiting, or revoking the certificate of approval of the

hospice would be within the public interest in order to conserve health

resources by restricting the level of services to those which are

actually needed.

(b) Whenever any finding as described in paragraph (a) of this

subdivision is under consideration with respect to any particular

hospice, the commissioner shall cause to be published, in a newspaper of

general circulation in the geographic area of the hospice, at least

thirty days prior to making such a finding an announcement that such

finding is under consideration and an address to which interested

persons can write to make their views known. The commissioner shall take

all public comments into consideration in making such a finding.

(c) The commissioner shall, upon making any finding described in

paragraph (a) of this subdivision with respect to any hospice, cause

such hospice and the appropriate health systems agency to be notified of

the finding at least thirty days in advance of taking the proposed

action to revoke, suspend or limit the hospice's certificate of

approval. Upon receipt of any such notification and before the

expiration of the thirty days or such longer period as may be specified

in the notice, the hospice or the appropriate health systems agency may

request a public hearing to be held in the county in which the hospice

is located. In no event shall the revocation, suspension or limitation

take effect prior to the thirtieth day after the date of the notice, or

prior to the effective date specified in the notice or prior to the date

of the hearing decision, whichever is later.

(d) Except as otherwise provided by law, all appeals from a finding of

the commissioner made pursuant to paragraph (a) of this subdivision

shall be directly to the appellate division of the supreme court in the

third department. Except as otherwise expressly provided by law, such

appeals shall have preference over all issues in all courts.