Current through Register Vol. 46, No. 39, September 25, 2024
(a) General
hospitals, hereinafter referred to as hospitals, shall comply with all of the
requirements of this Part:
(1) hospitals
shall comply with construction standards contained in Article 2 of Subchapter C
of this Chapter (Medical Facility Construction); and
(2) the commissioner may accept as evidence
of compliance with the minimum operational standards of this Part,
accreditation by an accreditation agency to which the Centers for Medicare and
Medicaid Services has granted deeming status and which the commissioner has
determined has accrediting standards sufficient to assure the commissioner that
hospitals so accredited are in compliance with such operational standards. The
commissioner can choose to enter into collaborative agreements with such
accreditation agencies so that the accreditation agency's accreditation survey
can be used in lieu of a departmental survey. A list of accreditation agencies
with which the department has a collaborative agreement will be posted on the
department's website. Hospitals shall notify the commissioner in writing within
seven days after receipt of notice of failure to be accredited, re-accredited
or the loss of accreditation by the accreditation agency.
(b) The provisions of Parts 700, except for
paragraphs (a)(1), (21)-(22), (b)(25) and (c)(7), (35)-(41) of section
700.2; 702; 703, except for
section 703.6; 706; and 707 of Article 1
of this Chapter shall not apply to general hospitals.
(c) Any person, partnership, stockholder,
corporation or other entity with the authority to operate a hospital must be
approved for establishment by the Public Health Council unless otherwise
permitted to operate by the Public Health Law or as provided for by section
405.3 of this Part. For the
purposes of this Part, a person, partnership, stockholder, corporation or other
entity is an operator of a hospital if it has the decision-making authority
over any of the following:
(1) appointment or
dismissal of hospital management-level employees and medical staff, except the
election or removal of corporate officers by the members of a not-for-profit
corporation;
(2) approval of
hospital operating and capital budgets;
(3) adoption or approval of hospital
operating policies and procedures;
(4) approval of certificate of need
applications filed by or on behalf of the hospital;
(5) approval of hospital debt necessary to
finance the cost of compliance with operational or physical plant standards
required by law;
(6) approval of
hospital contracts for management or for clinical services; and
(7) approval of settlements of administrative
proceedings or litigation to which the hospital is party, except approval by
the members of a not-for-profit corporation of settlements of litigation that
exceed insurance coverage or any applicable self-insurance fund.
(d) Nothing in subdivision (c) of
this section shall require the establishment of any member of a not-for-profit
corporation, which operates a hospital, based upon such member's reservation
and exercise of the power to require that the hospital operate in conformance
with the mission and philosophy of the hospital corporation.
(e) The requirements of this Part relating to
patient care and services shall apply to patients of all ages, including
newborns, pediatric and geriatric patients.
