Title: Section 600.11 - Name changes of operators and medical facilities

600.11 Name changes of operators and medical facilities. (a) Any change in the following shall require the prior approval of the Public Health Council in accordance with the requirements of this section and any other applicable requirements of law:

(1) the name of a not-for-profit corporation operating a medical facility under article 28 of the Public Health Law;

(2) the name of a not-for-profit corporation authorized to solicit contributions for the establishment or maintenance of any hospital pursuant to article 28 of the Public Health Law;

(3) the assumed name of a sole proprietor or a not-for-profit corporation operating a medical facility under article 28 of the Public Health Law or of a not-for-profit corporation authorized to solicit contributions for the establishment or maintenance of any hospital pursuant to article 28 of the Public Health Law, whenever the prior assumed name was approved by the Public Health Council or its predecessor; and

(4) the name or assumed name of a business corporation, partnership or governmental subdivision operating a medical facility under article 28 of the Public Health Law whenever the prior name or prior assumed name was approved by the Public Health Council or its predecessor.

(b) Applicants requesting Public Health Council approval of a change of name or assumed name shall submit a written request to the executive secretary of the council at the department's central office in Albany, which shall include the following information and documentation as appropriate:

(1) a letter specifying the current and proposed names and explaining the nature of and the reasons for the requested name change;

(2) a photocopy of the executed proposed certificate of amendment of the certificate of incorporation, certificate of authority to conduct business in the State of New York, or certificate of conducting business under an assumed name; and

(3) such other pertinent information and documents necessary for the council's consideration, as requested.

(c) Whenever the name of a business corporation, partnership or governmental subdivision, or the assumed name of a business corporation, not-for-profit corporation, partnership, governmental subdivision or sole proprietor operating a medical facility or fund raiser under article 28 of the Public Health Law was not specifically approved by the Public Health Council or its predecessor, any proposed change in said name or assumed name or initial use of an assumed name shall not require the approval of the Public Health Council but shall require the approval of the department in accordance with section 401.3 of this Title.

(d) The approval of the Public Health Council of a proposed name or assumed name may be withheld if the proposed name or assumed name indicates or implies that the corporation, partnership, governmental subdivision or individual is authorized to engage in activities for which it is not authorized, provide a level of care it is not authorized to provide, is misleading, causes confusion with the identity of another facility, or violates any provision of the law.

(e) Nothing contained within this section shall limit the authority of the Public Health Council to approve or disapprove the initial use of a name or assumed name for a not-for-profit corporation, business corporation, partnership, governmental subdivision or sole proprietor when such name or assumed name is before the Public Health Council as part of an application for the establishment of a facility or fund raiser.
 

Volume

VOLUME D (Title 10)

up