New York Laws
Article 40 - Hospice
4004 - Establishment of Hospices.

(b) Any change in the person, principal stockholder or partnership
which is the operator of a hospice shall be approved by the public
health and health planning council in accordance with the provisions of
subdivisions one and two of this section.
4. (a) The public health and health planning council, by a majority
vote of its members, shall adopt and amend rules and regulations, to
effectuate the provisions and purposes of this section, and to provide
for the revocation, limitation or annulment of approvals of
establishment.
(b) (i) No approval of establishment shall be revoked, limited or
annulled without first offering the person who received such approval
the opportunity of requesting a public hearing, (ii) the commissioner,
at the request of the public health and health planning council, shall
fix a time and place for any such hearing requested, (iii) notice of the
time and place of the hearing shall be served in person or mailed by
registered mail to the person who has received establishment approval at
least twenty-one days before the date fixed for the hearing, (iv) such

person shall file with the department, not less than eight days prior to
the hearing, a written answer, (v) all orders or determinations
hereunder shall be subject to review as provided in article
seventy-eight of the civil practice law and rules. Application for such
review must be made within sixty days after service in person or by
registered mail of a copy of such order or determination.
5. (a) The commissioner shall charge to applicants for the
establishment of a hospice an application fee in the amount of two
thousand dollars.
(b) An applicant for both establishment and construction of a hospice
shall not be subject to this subdivision and shall be subject to fees
and charges as set forth in section four thousand six of this article.
(c) All fees pursuant to this section shall be payable to the
department of health for deposit into the special revenue funds - other,
miscellaneous special revenue fund - 339, certificate of need account.