N.Y. PBH Law § 4712

§ 4712. Shared health facilities; rules and regulations. 1. The\ndepartment shall have the authority to promulgate rules and regulations\nrelative to the quality of care provided by shared health facilities,\nand to otherwise effectuate the provisions of this article.\n 2. (a) Subject to the provisions of paragraphs (b) and (c) of this\nsubdivision and after such hearing the department may suspend or revoke\nthe registration of a shared health facility for failure to comply with\nany provision of this article applicable to such facility, or for\nfailure to comply with the rules or regulations of the department\npertaining thereto, or for fraudulent practices on the part of any of\nthe providers or purveyors therein.\n (b) No registration shall be revoked, suspended, limited or annulled\nwithout a hearing. However, a registration may be temporarily suspended\nor limited without a hearing for a period not in excess of thirty days\nupon written notice to the shared health facility following a finding by\nthe department that the public health or safety is in imminent danger.\n (c) The commissioner shall fix a time and a place for the hearing. A\ncopy of the charges, together with the notice of the time and place of\nthe hearing shall be served in person or mailed by certified mail to\nsuch facility at least twenty-one days before the date fixed for the\nhearing. The shared health facility shall file with the department not\nless than eight days prior to the hearing, a written answer to the\ncharges.\n (d) All orders or determinations hereunder shall be subject to review\nas provided in article seventy-eight of the civil practice law and\nrules. Application for such review must be made within sixty days after\nservice in person or by certified mail of a copy of the order or\ndetermination upon the applicant.\n 3. Any provider or purveyor who violates any provision of this\narticle, or of the rules and regulations promulgated pursuant thereto,\nmay, subject to the findings of a hearing or review which he may request\nof the department, be barred from collecting any payments under the\nprogram from the date such violation occurs.\n