Section 600.5 - Revocation, limitation or annulment of approvals of establishment

600.5 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:

(1) that 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(2) that the operating certificate of a hospital has been revoked, limited or annulled pursuant to the applicable provisions of law;

(3) that a hospital caused or allowed a patient to be subjected to violence or abuse by an employee, consultant, volunteer or other person serving in any capacity in the hospital or that a hospital has failed to comply with the provisions of article 28 of the Public Health Law or the rules and regulations promulgated thereunder;

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

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

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

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

(8) that there has been a violation of subdivision (a) of section 610.4 of this Title;

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

(10) that the established operator has failed to comply fully with any condition, limitation or other requirement imposed as part of, or in conjunction with, the approval of establishment; or

(11) that the applicant has failed to commence and complete construction within the time period determined under Part 710 of this Title.

(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 an operating certificate has been issued.
 

Effective Date: 
Wednesday, November 29, 1989
Doc Status: 
Complete