New York Laws
Article 40 - Hospice
4008 - Certification of Hospices.

(b) Whenever any finding as described in paragraph (a) of this
subdivision is under consideration with respect to any particular
hospice, the commissioner shall cause to be published, in a newspaper of
general circulation in the geographic area of the hospice, at least
thirty days prior to making such a finding an announcement that such
finding is under consideration and an address to which interested
persons can write to make their views known. The commissioner shall take
all public comments into consideration in making such a finding.
(c) The commissioner shall, upon making any finding described in
paragraph (a) of this subdivision with respect to any hospice, cause
such hospice and the appropriate health systems agency to be notified of
the finding at least thirty days in advance of taking the proposed
action to revoke, suspend or limit the hospice's certificate of
approval. Upon receipt of any such notification and before the
expiration of the thirty days or such longer period as may be specified
in the notice, the hospice or the appropriate health systems agency may
request a public hearing to be held in the county in which the hospice
is located. In no event shall the revocation, suspension or limitation
take effect prior to the thirtieth day after the date of the notice, or
prior to the effective date specified in the notice or prior to the date
of the hearing decision, whichever is later.
(d) Except as otherwise provided by law, all appeals from a finding of
the commissioner made pursuant to paragraph (a) of this subdivision
shall be directly to the appellate division of the supreme court in the
third department. Except as otherwise expressly provided by law, such
appeals shall have preference over all issues in all courts.