§ 4704. Shared health facilities; registration. 1. No shared health facility shall be operated unless the owner of the premises in which the shared health facility is located or, if the structure in which the shared health facility is located has been leased pursuant to a lease, the lessee, shall:

Terms Used In N.Y. Public Health Law 4704

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.

(a) possess a valid registration issued pursuant to this article which registration may specify the kind or kinds of services the facility is authorized to provide; and

(b) establish and maintain a uniform system of reports and audits meeting the requirements of the commissioner.

2. Application for a registration for a shared health facility shall be made upon such forms and at such times as prescribed by the department. The application shall contain:

(i) the name of the facility;

(ii) the kind or kinds of service to be provided;

(iii) the location and physical description of the facility;

(iv) the name and residence address of every person, partnership or corporation having any financial interest in the ownership (including leasehold ownership) of the facility and the structure in which the facility is located;

(v) the name and residence address of every person, partnership or corporation holding any mortgage, lien, leasehold or any other security interest in the shared health facility or in any equipment located in and used in connection with a shared health facility, and a brief description of such lien or security interest;

(vi) the name, residence address and professional license number of every practitioner participating in the shared health facility;

(vii) the name and residence address of the individual designated to assume responsibility for the central coordination and management of the activities of the shared health facility; and

(viii) such other information as the department may require.

3. Any person who operates a shared health facility without a valid registration issued pursuant to this article shall be liable to the people of the state for a civil penalty not to exceed ten thousand dollars for every such violation.