Section 790.5 - Revocation, limitation or annulment of approvals of establishments

790.5 Revocation, limitation or annulment of approvals of establishment (a) An approval of establishment may be revoked, limited or annulled by the Public Health Council if the council finds that:

(1) the established operator has been guilty of fraud or deceit 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(2) the hospice certificate of approval has been revoked, limited or annulled pursuant to the applicable provisions of law;

(3) the hospice has failed to comply with the provisions of article 40 of the Public Health Law or the rules and regulations promulgated thereunder;

(4) the established operator has had such a change in financial condition or in the fiscal aspects of the hospice since the approval of establishment as to render the project economically unfeasible or render unsatisfactory the financial resources of the hospice and its sources of future revenue;

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

(6) the established operator is a habitual drunkard or is addicted to the use of morphine, cocaine or other drugs having similar effect, or has become mentally disabled;

(7) the established operator has transferred ownership interest in the operation of the hospice without Public Health Council approval, or that such person has terminated participation in the operation of the hospice;

(8) the established operator has granted any person convicted of a crime relating to hospice or hospital activities the authority to direct or cause the direction of the operations, management or policies of the hospice; or

(9) another corporation has been granted or has obtained ownership of stock or the voting rights thereunder, of the hospice corporation.

(b) For purposes of this section, established operator shall include any person, partnership, or partner thereof, and any corporation or stockholder, officer or director, thereof, actual or proposed, whose application for establishment has been approved, regardless of whether a certificate of approval has been issued.
 

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