N.Y. Comp. Codes R. & Regs. tit. 10 § 680.2

Current through Register Vol. 46, No. 50, December 11, 2024

Section 680.2 - Applications for central services facility rural health network establishment

(a) An application to the Public Health Council for its approval, as required by law, shall be in writing on application forms provided by the State Department of Health, and subscribed by the chief executive officer or other officer duly authorized by the board of a corporate applicant. In the event that an application is to be submitted by an entity which necessarily remains to be legally incorporated, it shall be subscribed and submitted by one of the proposed directors. The original and eight copies of the applications shall be filed with the council.

(b) The following documents and information shall be filed:

(1) a photocopy of the proposed certificae of incorporation or certificate of amendment which shall, in all respects, conform to the applicable provisions of the Not-for-Profit Corporation Law and all other pertinent laws of the State of New York. The certificate may include and shall be limited to the following powers and purposes:

(i) perform studies, feasibility surveys and planning with respect to development and operation of such network;

(ii) implement a network operational plan upon obtaining public health council and the commissioner's approval to operate as a central services facility rural health network;

(iii) enter into agreements with non-network affiliated providers and other individuals, partnerships, associations, corporations and appropriate federal and state agencies as necessary to effectuate the purposes of the corporation;

(iv) solicit and accept grant awards and make disbursements to affiliated network providers to effectuate the purposes of the corporation;

(v) directly operate or share operational authority with a hospital or hospitals as defined in subdivision one of section 2801 of the Public Health Law upon receiving public health council approval pursuant to subdivisions two and three of section 2801-a of the Public Health Law; and

(vi) solicit contributions from the public to support the establishment or operation of hospitals.

(2) a certified copy of the applicant's certificate of doing business under an assumed name, if applicable;

(3) the applicant's proposed or amended bylaws;

(4) identification of each member of the corporation individual corporate or other;

(5) the certificate of incorporation and bylaws of each corporate member of the applicant; together with any proposed amendments thereto reflecting the member's affiliation with the applicant;

(6) the proposed network operational plan, if available;

(7) information concerning the character, experience, competency and standing in the community of the proposed incorporators, directors and officers of the corporation. An applicant to-be-formed shall identify the proposed incorporators, initial directors and those individuals to be proposed for election or appointment to the board of directors at the applicants organization meeting. An applicant's board shall at all times include an appopriate balance of representatives of the general public and consumers, and representatives of providers. Directors representative of consumers and the general public shall not be affiliated in any way with a provider of health care services; and

(8) such additional documentation and information as the council may require.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 680.2