N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 765-2.3

Current through Register Vol. 46, No. 51, December 18, 2024

Section 765-2.3 - Discontinuation, revocation, suspension, limitation or annulment of a license

(a) No licensed home care services agency shall discontinue operation of the agency, discontinue the provision of nursing, home health aide or personal care services or surrender its license unless 30 days' written notice of its intention to do so, and a plan for the continuation of care for the patients on its roster and a plan for maintenance and safekeeping of the patient records are provided to the commissioner and written approval obtained. Such plan shall include referral of patients in need of such services to an alternate provider, if available.

(b) A home care services agency shall notify each patient concerned, the patient's family, and the patient's physician, if any, at least 30 days prior to the voluntary surrender of a license or as directed in an order of revocation, suspension, limitation or annulment.

(c) A license of a home care services agency may be revoked, suspended, limited or annulled by the commissioner on proof that it has failed to comply with the provisions of article 36 of the Public Health Law or the rules and regulations promulgated thereunder.

(d) No such license shall be revoked, suspended, limited, annulled or denied without a hearing. However, a license may be temporarily suspended or limited without a hearing for a period not in excess of 30 days upon written notice to the agency following a finding by the department that the public health or safety is in imminent danger.

(e) The commissioner shall fix a time and place for the hearing. A copy of the charges, together with the notice of the time and place of the hearing, shall be served in person or mailed by registered or certified mail to the agency at least 21 days before the date fixed for the hearing. The agency shall file with the department not less than eight days prior to the hearing, a written answer to the charges.

(f) All orders or determinations hereunder shall be subject to review as provided in article 78 of the Civil Practice Law and Rules. Application for such review must be made within 60 days after service in person or by registered or certified mail of a copy of the order or determination upon the application or agency.

(g) A home care services agency license shall be promptly surrendered to the department when revoked, suspended, limited or annulled by the commissioner, or when the agency terminates services.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 765-2.3