§ 2801-a. Establishment or incorporation of hospitals. 1. No hospital,\nas defined in this article, shall be established except with the written\napproval of the public health and health planning council. No\ncertificate of incorporation of a business membership or not-for-profit\ncorporation shall hereafter be filed which includes among its corporate\npurposes or powers the establishment or operation of any hospital, as\ndefined in this article, or the solicitation of contributions for any\nsuch purpose, or two or more of such purposes, except with the written\napproval of the public health and health planning council, and when\notherwise required by law of a justice of the supreme court, endorsed on\nor annexed to the certificate of incorporation. No articles of\norganization of a limited liability company established pursuant to the\nNew York limited liability company law which includes among its powers\nor purposes the establishment or operation of any hospital as defined in\nthis article, shall be filed with the department of state except upon\nthe approval of the public health and health planning council.\n 2. With respect to the incorporation or establishment of any hospital,\nas defined in this article, the public health and health planning\ncouncil shall give written approval after all of the following\nrequirements have been met. An application for approval of the proposed\ncertificate of incorporation, articles of organization or establishment\nshall be filed with the public health and health planning council\ntogether with such other forms and information as shall be prescribed\nby, or acceptable to, the public health and health planning council.\nThereafter, the public health and health planning council shall forward\na copy of the proposed certificate or application for establishment, and\naccompanying documents, to the health systems agency, if any, having\ngeographical jurisdiction of the area where the proposed institution is\nto be located. The public health and health planning council shall act\nupon such application after the health systems agency has had a\nreasonable time to submit their recommendations. At the time members of\nthe public health and health planning council are notified that an\napplication is scheduled for consideration, the applicant and the health\nsystems agency shall be so notified in writing. The public health and\nhealth planning council shall afford the applicant an opportunity to\npresent information in person concerning the application to a committee\ndesignated by the council. The public health and health planning council\nshall not take any action contrary to the advice of the health systems\nagency until it affords to the health systems agency an opportunity to\nrequest a public hearing and, if so requested, a public hearing shall be\nheld. If the public health and health planning council proposes to\ndisapprove the application it shall afford the applicant an opportunity\nto request a public hearing. The public health and health planning\ncouncil may hold a public hearing on the application on its own motion.\nAny public hearing held pursuant to this subdivision may be conducted by\nthe public health and health planning council, or by any individual\ndesignated by the public health and health planning council. Beginning\non January first, nineteen hundred ninety-four, and each year\nthereafter, a complete application received between January first and\nJune thirtieth of each year shall be reviewed by the appropriate health\nsystems agency and the department and presented to the public health and\nhealth planning council for its consideration prior to June thirtieth of\nthe following year and a complete application received between July\nfirst and December thirty-first of each year shall be reviewed by the\nappropriate health systems agency and the department presented to the\npublic health and health planning council for consideration prior to\nDecember thirty-first of the f
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.