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Title: Section 407.2 - Designation of PCHs and CAHs

Effective Date


407.2 Designation of PCHs and CAHs.

(a) PCHs and CAHs shall be designated by the Commissioner of Health to operate as a primary care hospital pursuant to guidelines developed by the commissioner and the provisions of Part 710 of this Title. The decision to submit an application for designation as either a PCH or a CAH shall be at the discretion of the hospital seeking designation. The guidelines for designation may be obtained from the commissioner, and shall be published in the New York State Register.

(b) At the time of application to become either a PCH or a CAH, a facility shall be licensed as a general hospital, shall have a Medicare/Medicaid participation agreement in effect and shall be in substantial compliance with all other applicable state and federal requirements.

(c) Hospitals seeking designation as a CAH pursuant to this section, shall, in addition to complying with the provisions of this Part, comply with the following requirements of 42 CFR section 485.620.

(1) except as permitted for CAHs having Federal swing-bed agreements, the CAH maintains no more than 15 inpatient beds; and

(2) the CAH discharges or transfers each patient within 96 hours after admission, unless transfer to a hospital is precluded because of inclement weather or other emergency conditions.

(d) At the time of application PCHs may provide swing-bed services in accordance with Part 406 of this Title or seek approval to provide swing-bed services following designation as a PCH. CAHs shall comply with the following additional conditions pursuant to 42 CFR section 485.645 regarding swing-bed services:

(1) Federal swing-bed approval must not have been terminated within the two (2) years prior to the facility's application for CAH status; and

(2) a facility that, at the timie it applied for designation as a CAH, had in effect a swing-bed agreement for post-hospital skilled nursing facility care may continue to use its inpatient facilities for the provision of post-hosital SNF care, so long as the total number of beds that are used at any time for the furnishing of such services does not exceed 25 beds and the number of beds used at anytime for acute care inpatient services does not exceed 15 beds.
(e) Upon designation, PCHs and CAHs shall remain subject to the provisions of this Part and all other pertinent requirements of this Title and of the Public Health Law applicable to general hospitals, including those pertaining to operating certificates which shall also apply to the proposed revocation, suspension, limitation or annulment of a PCH or CAH designation.


VOLUME C (Title 10)