New York Codes, Rules and Regulations
Title 10 - DEPARTMENT OF HEALTH
Chapter V - Medical Facilities
Subchapter B - Hospital Establishment
Part 600 - General Provisions
Section 600.9 - Governing authority or operator
Universal Citation: 10 NY Comp Codes Rules and Regs ยง 600.9
Current through Register Vol. 46, No. 39, September 25, 2024
(a) The governing authority or operator is the party responsible for the operation of a medical facility.
(b) The governing authority or operator shall mean:
(1) the policy making body of a
government agency;
(2) the board of
directors or trustees of a not-for-profit corporation;
(3) the officers, directors and stockholders
of a business corporation; and
(4)
the proprietor or proprietors of a proprietary medical facility.
(c) An individual, partnership or corporation which has not received establishment approval may not participate in the total gross income or net revenue of a medical facility.
(d)
(1)
Except as provided in section
405.3 of this Title, the governing
authority or operator may not contract for management services with a party
which has not received establishment approval.
(2) The criteria set forth in this paragraph
shall be used in determining whether there has been an improper delegation to
the management consultant by the governing authority or operator of its
responsibilities:
(i) authority to hire or
fire the administrator or other key management employees;
(ii) maintenance and control of the books and
records;
(iii) authority over the
disposition of assets and the incurring of liabilities on behalf of the
facility;
(iv) the adoption and
enforcement of policies regarding the operation of the facility.
(3) The criteria set forth in
paragraph (2) of this subdivision shall not be the sole determining factors,
but indicators to be considered with such other factors that may be pertinent
in particular instances. Professional expertise shall be exercised in the
utilization of the criteria. All of the listed indicia need not be present in a
given instance for there to be an improper delegation of authority.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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