N.Y. Comp. Codes R. & Regs. tit. 10 § 760.4

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

Section 760.4 - Amendments to applications

(a) An application made to the Public Health Council pursuant to this Part may be amended while the matter is pending before the council. Such amendments shall be made on appropriate forms supplied by the department.

(b) Any amendment to an application which constitutes a substantial change in the information contained in the original application, or any prior amendments thereto, must be accompanied by a satisfactory written explanation as to the reason such information was not contained in the original application.

(c) Prior to the issuance of a certificate of approval, any change as set forth in this subdivision shall constitute an amendment to the application and the applicant shall submit appropriate documentation as may be required in support of such amendment. The amended application shall be referred to the health systems agency having geographic jurisdiction and the State Hospital Review and Planning Council for their reevaluation and recommendations. The approval of the Public Health Council must be obtained for any amended application. Each of the following shall constitute an amendment:

(1) any change of five percent or more in the agency's proposed annual operating budget;

(2) any change in the proposed patient case capacity;

(3) any change in the types of services to be provided;

(4) any change in the agency's proposed service area;

(5) any change in the principals of the applicant as considered by the council.

(d) Failure to disclose an amendment prior to the issuance of a certificate of approval shall constitute sufficient grounds for the revocation, limitation or annulment of the approval of establishment.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 760.4