§ 4008 — Certification of hospices

§ 4008. Certification of hospices. 1. The commissioner shall not issue\na certificate of approval to any hospice unless it complies with the\nprovisions of this article and the rules and regulations promulgated\npursuant thereto, in accordance with the standards and procedures\nadopted by the state hospital review and planning council, and is\nqualified to participate as a hospice under title XVIII of the Federal\nSocial Security Act, provided, however that the commissioner shall issue\na certificate of approval to a hospice if he is satisfied that the\nhospice cannot qualify to participate as a hospice under title XVIII of\nthe Federal Social Security Act solely because it proposes to provide\nnursing services by arrangement with a certified home health agency. No\nperson, partnership or organization shall hold itself out as a hospice\nunless it shall possess a valid certificate of approval.\n 2. Any hospice demonstration program participant applying for a\ncertificate of approval by the first day of June nineteen hundred\neighty-four and meeting all applicable standards shall be issued a\ncertificate of approval.\n 3. Subject to the provisions of this section and section four thousand\nten of this article, contractual agreements between a hospice and other\nproviders of other care and services shall not be prohibited, and a\nhospice may employ and enter into contracts with any licensed healthcare\nprofessional or any lawful combination thereof in relation to services\nprovided by the hospice under this article, provided that the hospice\nmaintains full responsibility for the planning, coordination and quality\nof such services and the adherence to the plan of care established for\nthe patients.\n 4. A hospice certificate of approval may be revoked, suspended,\nlimited or annulled by the commissioner on proof that the hospice has\nfailed to comply with the provisions of this article or rules and\nregulations promulgated thereunder.\n 5. No hospice certificate of approval shall be revoked, suspended,\nlimited or annulled without a hearing. However, a certificate may be\ntemporarily suspended or limited without a hearing for a period not in\nexcess of thirty days upon written notice to the hospice following a\nfinding by the department that the public health or safety is in\nimminent danger.\n 6. The commissioner shall fix a time and place for the hearing. A\ncopy of the charges, together with the notice of the time and place of\nthe hearing, shall be served in person or mailed by registered or\ncertified mail to the hospice at least twenty-one days before the date\nfixed for the hearing. The hospice shall file with the department not\nless than eight days prior to the hearing, a written answer to the\ncharges.\n 7. All orders or determinations hereunder shall be subject to review\nas provided in article seventy-eight of the civil practice law and\nrules. Application for such review must be made within sixty days after\nservice in person or by registered or certified mail of a copy of the\norder or determination upon the applicant.\n 8. (a) Notwithstanding the provisions of subdivisions five through\nseven of this section, the commissioner shall suspend, limit or revoke a\nhospice certificate of approval after taking into consideration the\npublic need for the hospice and the availability of other services which\nmay serve as alternatives or substitutes, and after finding that\nsuspending, limiting, or revoking the certificate of approval of the\nhospice would be within the public interest in order to conserve health\nresources by restricting the level of services to those which are\nactually needed.\n (b) Whenever any finding as described in paragraph (a) of this\nsubdivision is under consideration with respect to any particular\nhospice, the commissioner shall cause to be published, in a newspaper of\ngeneral circulation in the geographic area of the hospice, at least\nthirty days prior to making such a finding an announcement that such\nfinding is under consideration and an address to which interested\npersons can write to make their views known. The commissioner shall take\nall public comments into consideration in making such a finding.\n (c) The commissioner shall, upon making any finding described in\nparagraph (a) of this subdivision with respect to any hospice, cause\nsuch hospice and the appropriate health systems agency to be notified of\nthe finding at least thirty days in advance of taking the proposed\naction to revoke, suspend or limit the hospice's certificate of\napproval. Upon receipt of any such notification and before the\nexpiration of the thirty days or such longer period as may be specified\nin the notice, the hospice or the appropriate health systems agency may\nrequest a public hearing to be held in the county in which the hospice\nis located. In no event shall the revocation, suspension or limitation\ntake effect prior to the thirtieth day after the date of the notice, or\nprior to the effective date specified in the notice or prior to the date\nof the hearing decision, whichever is later.\n (d) Except as otherwise provided by law, all appeals from a finding of\nthe commissioner made pursuant to paragraph (a) of this subdivision\nshall be directly to the appellate division of the supreme court in the\nthird department. Except as otherwise expressly provided by law, such\nappeals shall have preference over all issues in all courts.\n