N.Y. Comp. Codes R. & Regs. tit. 10 § 680.9

Current through Register Vol. 46, No. 50, December 11, 2024

Section 680.9 - Revocation, limitation and annulment of approval's of establishment

(a) An approval of establishment to operate as a central services facility rural health network may be revoked, limited or annulled by the Public Health Council if it finds:

(1) that the established operator has been found guilty of fraud or deceipt in procuring such approval of establishment or has made statements or furnished information in support of the application which were not true, accurate, or complete in any material respect;

(2) that the operating certificate of a hospital operated by a central services facility rural health network established pursuant to section 680.10 of this Part has been revoked, limited or annulled pursuant to the applicable provisions of law;

(3) that a hospital operated by a central services facility rural health network established pursuant to section 680.10 of this Part caused or allowed a patient to be subjected to violence or abuse by an employee, consultant, volunteer or other person serving in any capacity in the hospital or that a hospital has failed to comply with the provisions of article 28 of the Public Health Law or the rules and regulations promulgated thereunder;

(4) that the established operator has been convicted in a court of competent jurisdiction, either within or without the State, of a crime;

(5) that the operator has transferred operating control of the central services facility rural health network, or a hospital which it operates, within the meaning of section 405.1(c) of this Title without Public Health Council approval;

(6) that the established operator has granted any person convicted of a crime relating to hospital activities the authority to direct or cause the direction of the operations, management or policies of the corporation or a hospital operated by the corporation;

(7) that the established operator has failed to comply with any condition, limitation or other requirement imposed by this Part or as part of, or in conjunction with, the approval of the establishment;

(8) that a final disapproval to operate as a central services facility rural health network has been issued by the commissioner; or

(9) that the commissioner has revoked approval of a central services facility rural health network operational plan in accordance with section 408.4(a) of this Title.

(b) For purposes of this section, established operator shall include a central services facility rural health network and any incorporator, director, established member or officer thereof whose application for establishment has been approved, regardless of whether the commissioner has approved the corporation's network operational plan.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 680.9