New York Codes, Rules and Regulations
Title 10 - DEPARTMENT OF HEALTH
Chapter VII - Life Care Communities
Part 901 - Organization And Administration
Section 901.17 - Revocation, suspension or annulment of certificate of authority
Universal Citation: 10 NY Comp Codes Rules and Regs ยง 901.17
Current through Register Vol. 46, No. 12, March 20, 2024
(a) The Life Care Community Council may revoke, suspend, limit or annul the certificate of authority of an established operator upon proof that:
(1) the established operator failed to continue
to meet the requirements for the authority originally granted;
(2) the established operator made a material
misstatement, misrepresentation, or committed fraud in obtaining the certificate
of authority, or in attempting to obtain the same, or in subsequent submissions
to the council or participating agencies;
(3) the established operator lacked fitness or
was untrustworthy;
(4) the
established operator engaged in fraudulent or dishonest practices of management
in the conduct of business under the certificate of authority;
(5) the established operator converted or
withheld funds;
(6) the established
operator failed to comply with, or violated, any proper order, rule or regulation
of the council or violated any provision of article 46 of the Public Health
Law;
(7) the established operator
failed to commence or substantially complete construction of the life care
community within six months of the approved start or completion dates;
(8) the unsound business practices of the
established operator renders its further transactions in this State hazardous or
injurious to the public;
(9) the
established operator refused to be examined or to produce its accounts, records,
and files for examination, by the New York State Departments of Health, Insurance
or Social Service or the operator's officers, employees, or controlling persons
have refused to give pertinent information with respect to the affairs of the
community or to perform any other legal obligation as required by said
departments;
(10) the Superintendent
of Insurance has made a determination that the established operator is insolvent
pursuant to applicable regulation of the New York State Department of Insurance;
or
(11) the Commissioner of Health or
the Commissioner of Social Services has found violations of applicable statutes,
rules or regulations which threaten to affect directly the health, safety or
welfare of a resident of a life care community; or
(12) the established operator has failed to
comply with any contingencies specified in the certificate of authority
approval.
(b) For purposes of this section, established operator shall include any person, partnership or general partner thereof, and any corporation, or any officer and member of the board of directors thereof, actual or proposed, and any controlling person of an established operator, whose application for certificate of authority has been approved, regardless of whether a certificate of authority has been issued.
(c)
(1) The provisions of Part 51 of this Title
shall apply to adjudicatory proceedings held pursuant to this section provided,
however, that notice of hearing and statement of charges shall be served at least
10 days prior to the date of the hearing.
(2) Any public hearing held pursuant to this
section shall be conducted by the council, a committee of the council, or by any
individual designated by the council.
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