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This entry was published on 2018-06-08
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Shared health facilities; rules and regulations
Public Health (PBH) CHAPTER 45, ARTICLE 47
§ 4712. Shared health facilities; rules and regulations. 1. The
department shall have the authority to promulgate rules and regulations
relative to the quality of care provided by shared health facilities,
and to otherwise effectuate the provisions of this article.

2. (a) Subject to the provisions of paragraphs (b) and (c) of this
subdivision and after such hearing the department may suspend or revoke
the registration of a shared health facility for failure to comply with
any provision of this article applicable to such facility, or for
failure to comply with the rules or regulations of the department
pertaining thereto, or for fraudulent practices on the part of any of
the providers or purveyors therein.

(b) No registration shall be revoked, suspended, limited or annulled
without a hearing. However, a registration may be temporarily suspended
or limited without a hearing for a period not in excess of thirty days
upon written notice to the shared health facility following a finding by
the department that the public health or safety is in imminent danger.

(c) The commissioner shall fix a time and a place for the hearing. A
copy of the charges, together with the notice of the time and place of
the hearing shall be served in person or mailed by certified mail to
such facility at least twenty-one days before the date fixed for the
hearing. The shared health facility shall file with the department not
less than eight days prior to the hearing, a written answer to the

(d) All orders or determinations hereunder shall be subject to review
as provided in article seventy-eight of the civil practice law and
rules. Application for such review must be made within sixty days after
service in person or by certified mail of a copy of the order or
determination upon the applicant.

3. Any provider or purveyor who violates any provision of this
article, or of the rules and regulations promulgated pursuant thereto,
may, subject to the findings of a hearing or review which he may request
of the department, be barred from collecting any payments under the
program from the date such violation occurs.