4008 - Certification of Hospices.

NY Pub Health L § 4008 (2019) (N/A)
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(b) Whenever any finding as described in paragraph (a) of this subdivision is under consideration with respect to any particular hospice, the commissioner shall cause to be published, in a newspaper of general circulation in the geographic area of the hospice, at least thirty days prior to making such a finding an announcement that such finding is under consideration and an address to which interested persons can write to make their views known. The commissioner shall take all public comments into consideration in making such a finding.

(c) The commissioner shall, upon making any finding described in paragraph (a) of this subdivision with respect to any hospice, cause such hospice and the appropriate health systems agency to be notified of the finding at least thirty days in advance of taking the proposed action to revoke, suspend or limit the hospice's certificate of approval. Upon receipt of any such notification and before the expiration of the thirty days or such longer period as may be specified in the notice, the hospice or the appropriate health systems agency may request a public hearing to be held in the county in which the hospice is located. In no event shall the revocation, suspension or limitation take effect prior to the thirtieth day after the date of the notice, or prior to the effective date specified in the notice or prior to the date of the hearing decision, whichever is later.

(d) Except as otherwise provided by law, all appeals from a finding of the commissioner made pursuant to paragraph (a) of this subdivision shall be directly to the appellate division of the supreme court in the third department. Except as otherwise expressly provided by law, such appeals shall have preference over all issues in all courts.