Current through Register Vol. 46, No. 39, September 25, 2024
(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 State Department of Health; and subscribed by
the chief executive officer or other officer duly authorized by the board of a
corporate applicant, a general partner or proprietor of the proposed medical
facility, or, where an application is to be submitted by a local governmental
applicant, the president or chairman of the board of the proposed facility 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 governmental applicant
submitting an application has not designated a president, chairman or chief
executive officer for the proposed facility, 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 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 geographic jurisdiction.
(b) Applications to the council shall contain
information and data with reference to:
(1)
the public need for the existence of the facility or the proposed facility 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,
stockholders, sponsors, individual operators or partners;
(3) the financial resources and sources of
future revenue of the facility to be operated by the applicant;
(4) the fitness and adequacy of the premises
and equipment to be used by the applicant for the proposed facility;
(5) the following documents shall be filed:
(i) a certified copy of the applicant's
certificate of doing business;
(ii)
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 change 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 both the Public Health Council and the New York State
Department of Health 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";
(iii) a
health equity impact assessment, if applicable, pursuant to section
2802-b of
the Public Health Law and section
400.26 of this Title;
(iv) such additional pertinent information or
documents necessary for the council's consideration, as
requested.
(c)
Any person filing a proposed certificate of incorporation or an application for
establishment of a hospital as defined in article 28 of the Public Health Law
shall file with the commissioner information on the ownership of the property
interests in such facility, including the following:
(1) the name and address and a description of
the interest held, or proposed to be held, by each of the following persons:
(i) any person who, directly or indirectly,
beneficially owns any interest in the land on which the facility is
located;
(ii) any person who,
directly or indirectly, beneficially owns any interest in the building in which
the facility is located;
(iii) any
person who, directly or indirectly, beneficially owns any interest in any
mortgage, note, deed of trust or other obligation secured in whole or in part
by the equipment used in the facility, or by the land on which or the building
in which the facility is located;
(iv) any person who, directly or indirectly,
has any interest as lessor or lessee in any lease or sublease of the land on
which or the building in which the facility is located; and
(v) any person who, directly or indirectly
has any interest as a lessor or lessee in any lease or sublease of the
equipment used in the building in which the facility is located;
(2) if any person named in
response to paragraph (1) of this subdivision is a partnership, then the name
and address of each partner;
(3) if
any person named in response to paragraph (1) of this subdivision is a
corporation, other than a corporation whose shares are traded on a national
securities exchange or are regularly quoted in an over-the-counter market or
which is a commercial bank, savings bank or savings and loan association, then
the name and address of each officer, director, stockholder and, if known, each
principal stockholder and controlling person of such corporation;
(4) if any corporation named in response to
paragraph (1) of this subdivision is a corporation, whose shares are traded on
a national securities exchange or are regularly quoted in an over-the-counter
market or which is a commercial bank, savings bank or savings and loan
association, then the name and address of the principal executive officers and
each director and, if known, each principal stockholder of such
corporation;
(5) such additional
pertinent information and documents necessary for the council's consideration,
as requested.
(d) Notice
about an application for establishment shall be administered in the following
manner:
(1) Long-term care ombudsman (LTCO)
(i) Once an application for establishment of
a nursing home has been acknowledged by the Department, the Department shall
notify the office of the LTCO of such application for establishment, by regular
mail or email, within thirty days of acknowledgement of an application for
establishment.
(ii) Once an
application for establishment of a nursing home has been scheduled for
consideration by a committee designated by the public health and health
planning council, the Department shall notify the office of the LTCO by regular
mail or email.
(2)
Residents, staff, and others
(i) Once an
application for establishment of an existing nursing home has been acknowledged
by the Department, the current operator of the facility and the applicant,
shall notify the residents and their designated representatives and the staff,
including their union representatives, if applicable, of such application for
establishment. Notification shall be completed by regular mail, email, or the
delivery method designated by the resident, their designated representative,
the staff, and union representatives, within thirty days of the Department's
acknowledgement of an application for establishment.
(a) The notification shall include the
pending change of ownership, as well as the legal entity and individual name(s)
of the proposed buyer; the application number; instruction on how to submit
comments about the application; and a link for the general public to view the
application using the New York State Electronic Certificate-of-Need (NYSE-CON)
system where applications are submitted.
(ii) Once an application for establishment of
an existing nursing home has been scheduled for consideration by a committee
designated by the public health and health planning council, within twenty-four
(24) hours, the current operator of the facility and the applicant shall notify
the residents and their designated representatives and the staff, including
their union representatives, if applicable by regular mail, email, or the
delivery method designated by the resident, their designated representative,
the staff, and union representatives.
(a) The
notification shall include the date, location(s), and time of the meeting of
the committee designated by the public health and health planning
council.