N.Y. Comp. Codes R. & Regs. tit. 10 § 600.1

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

Section 600.1 - 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 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.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 600.1

Amended New York State Register March 9, 2022/Volume XLIV, Issue 10, eff. 3/9/2022

Amended New York State Register August 30, 2023/Volume XLV, Issue 35, eff. 8/30/2023