N.Y. Public Health Law § 4712: Shared health facilities; rules and regulations

§ 4712. Shared health facilities; rules and regulations. 1. The

department shall have the authority to promulgate rules and regulations

relative to the quality of care provided by shared health facilities,

and to otherwise effectuate the provisions of this article.

2. (a) Subject to the provisions of paragraphs (b) and (c) of this

subdivision and after such hearing the department may suspend or revoke

the registration of a shared health facility for failure to comply with

any provision of this article applicable to such facility, or for

failure to comply with the rules or regulations of the department

pertaining thereto, or for fraudulent practices on the part of any of

the providers or purveyors therein.

(b) No registration shall be revoked, suspended, limited or annulled

without a hearing. However, a registration may be temporarily suspended

or limited without a hearing for a period not in excess of thirty days

upon written notice to the shared health facility following a finding by

the department that the public health or safety is in imminent danger.

(c) The commissioner shall fix a time and a 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 certified mail to

such facility at least twenty-one days before the date fixed for the

hearing. The shared health facility shall file with the department not

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

charges.

(d) 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 certified mail of a copy of the order or

determination upon the applicant.

3. Any provider or purveyor who violates any provision of this

article, or of the rules and regulations promulgated pursuant thereto,

may, subject to the findings of a hearing or review which he may request

of the department, be barred from collecting any payments under the

program from the date such violation occurs.