Title: Section 792.1 - Certificate of approval

Section 792.1 Certificate of approval. (a) The commissioner shall not issue a certificate of approval to any hospice unless it complies with the provisions of article 40 of the Public Health Law and the rules and regulations promulgated pursuant thereto, and is qualified to participate as a hospice under title XVIII of the Federal Social Security Act; provided, however, that the commissioner shall issue a certificate of approval to a hospice if he is satisfied that the hospice cannot qualify to participate as a hospice under title XVIII of the Federal Social Security Act solely because it proposes to provide nursing services by arrangement with a certified home health agency.

(b) No person, partnership or organization shall hold itself out as a hospice unless it possesses a valid certificate of approval.

(c) A certificate of approval shall specify the service area of the hospice and shall be posted conspicuously on the premises of the principal office of the hospice located within its approved service area.

(d) A certificate of approval shall remain in force until revised, limited, annulled, revoked, suspended or surrendered, unless an expiration date is specified in the operating certificate as a result of a determination that a subsequent evaluation is necessary to ensure that the facility is operating in compliance with Public Health Law Article 40 and the rules and regulations promulgated thereunder.

(e) A certificate of approval may be revoked, suspended, limited or annulled by the commissioner on proof that the hospice has failed to comply with the provisions of article 40 of the Public Health Law, this Article or any other applicable provision of law.

(f) A certificate of approval shall be surrendered promptly to the State Department of Health when revoked, suspended, limited or annulled by the commissioner, or when the organization terminates service.