Section 760.9 - Revocation, limitation or annulment of approvals of establishment

760.9 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, has made statements or furnished information in support of the application which were not true, accurate, or complete in any material respect or has failed to make services available to the population groups or in the service area as proposed in the application as approved;

(2) the agency's certificate of approval has been revoked, limited or annulled pursuant to the applicable provisions of law;

(3) the established operator has failed to comply with the applicable provisions of article 36 of the Public Health Law or the rules and regulations promulgated thereunder which threatened, or resulted in, direct significant harm to the health, safety or welfare of patients;

(4) the established operator has been convicted in a court of competent jurisdiction, either within or outside of the State, of a crime; or

(5) the established operator has transferred ownership interest in the operation of the agency or the operator has terminated participation in the operation of the agency without obtaining prior Public Health Council approval, or a controlling person has exercised control of the operator of such agency without obtaining Public Health Council prior approval.

(b) For purposes of this section, established operator shall include any person, partnership, or partner thereof, or governmental subdivision, and any corporation or principal 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.

(c) No establishment approval shall be revoked, limited or annulled under this section without first offering the established operator the opportunity for a public hearing.

(d) The Public Health Council shall not revoke, limit or annul establishment approval due solely to the operator's failure to attain minimal annual case capacity pursuant to subdivision (h) of section 760.5 of this Part.
 

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