§ 2806. Hospital operating certificates; suspension or revocation. 1.\nA hospital operating certificate may be revoked, suspended, limited or\nannulled by the commissioner on proof that: (a) the hospital has failed\nto comply with the provisions of this article or rules and regulations\npromulgated thereunder; or (b) a general hospital has refused or failed\nto admit or to provide for necessary emergency care and treatment for an\nunidentified person brought to it in an unconscious, seriously ill or\nwounded condition. A hospital operating certificate shall be revoked,\nlimited or annulled by the commissioner upon revocation, limitation or\nannulment by the public health council of approval of establishment of\nsuch hospital.\n 2. No hospital operating certificate shall be revoked, suspended,\nlimited or annulled without a hearing, except for operating certificates\nrevoked, limited or annulled because of revocation, limitation, or\nannulment of establishment approval.\n Also, an operating certificate may be temporarily suspended or limited\nwithout a hearing for a period not in excess of sixty days upon written\nnotice to the hospital and opportunity for a hearing following a finding\nby the department that the public health or safety is in imminent danger\nor there exists any condition or practice or a continuing pattern of\nconditions or practices which poses imminent danger to the health or\nsafety of any patient. The department may also, consistent with\napplicable federal law and regulations, prohibit or limit the placement\nof new patients in a residential health care facility without a hearing\nfor a period not in excess of sixty days upon written notice to such\nfacility and opportunity for a hearing upon a determination that such\nfacility no longer substantially meets the requirements of this article\nand the regulations thereunder and that such deficiencies do not pose an\nimminent danger to the health and safety of any patient, provided,\nhowever, that the department shall not make such a determination with\nrespect to a facility until the facility has had a reasonable\nopportunity, following the initial determination that such facility no\nlonger substantially meets the requirements of this article, to correct\nits deficiencies and following this period, has been given written\nnotice and opportunity for a hearing. Provided, however, that any delay\nin the hearing process during the sixty-day period occasioned by the\nhospital shall toll the running of said suspension or limitation and\nshall not abridge the full time provided for in this subdivision. Upon\nsuch finding and notice the power of the commissioner temporarily to\nsuspend or limit a hospital operating certificate shall include, but\nshall not be limited to, the power to:\n (a) prohibit or limit the placement of new patients in the hospital;\n (b) remove or cause to be removed some or all of the patients in the\nhospital;\n (c) suspend or limit or cause to be suspended or limited the payment\nof any governmental funds to the hospital.\n At any time subsequent to the suspension or limitation of any\noperating certificate pursuant to this subdivision, the hospital may\nrequest the department to reinspect the hospital to redetermine whether\na specific condition or practice continues to exist. After the receipt\nof such a request the department shall reinspect the hospital within ten\ndays and in the event that the previously found condition or practice\nhas been eliminated the suspension or limitation shall be withdrawn. If\nthe condition or practice has not been eliminated, the commissioner\nshall not thereafter be required to reinspect the hospital during the\ntemporary period of suspension or limitation. Nor shall the commissioner\nbe required to reinspect upon request during a temporary period of\nsuspension or limitation any hospital whose operating certificate has\nbeen temporarily suspended or limited due to the existence of a\ncontinuing pa
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