N.Y. Comp. Codes R. & Regs. tit. 10 § 790.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 790.1 - Applications for establishment

(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 department and subscribed by the chief executive officer duly authorized by the board of a corporate applicant, a general partner or proprietor of the hospice or the proposed hospice, or, where an application is to be submitted by a local government applicant, the president or chairman of the board of the proposed hospice 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 government applicant submitting an application has not designated a president, chairman or chief executive officer for the proposed hospice, 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 Public Health 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 jurisdiction.

(b) Applications to the council shall contain information and data with reference to:

(1) the public need for the existence of the hospice or proposed hospice 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, officers, stockholders, sponsors, individual operators or partners:

(3) the financial resources and sources of future revenue of the hospice or proposed hospice to be operated by the applicant; and

(4) the fitness and adequacy of the premises and equipment to be used by the applicant for the hospice or proposed hospice.

(c) The following documents shall be filed as attachments to the application:

(1) where the applicant will be operating the hospice under an assumed name, a photocopy of the applicant's executed proposed certificate of doing business;

(2) 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 changes 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 the Public Health Council 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"; and

(3) such additional pertinent information or documents necessary for the council's consideration, as requested.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 790.1