(b) Any change in the person, principal stockholder or partnership which is the operator of a hospice shall be approved by the public health and health planning council in accordance with the provisions of subdivisions one and two of this section. 4. (a) The public health and health planning council, by a majority vote of its members, shall adopt and amend rules and regulations, to effectuate the provisions and purposes of this section, and to provide for the revocation, limitation or annulment of approvals of establishment.
(b) (i) No approval of establishment shall be revoked, limited or annulled without first offering the person who received such approval the opportunity of requesting a public hearing, (ii) the commissioner, at the request of the public health and health planning council, shall fix a time and place for any such hearing requested, (iii) notice of the time and place of the hearing shall be served in person or mailed by registered mail to the person who has received establishment approval at least twenty-one days before the date fixed for the hearing, (iv) such person shall file with the department, not less than eight days prior to the hearing, a written answer, (v) 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 registered mail of a copy of such order or determination. 5. (a) The commissioner shall charge to applicants for the establishment of a hospice an application fee in the amount of two thousand dollars.
(b) An applicant for both establishment and construction of a hospice shall not be subject to this subdivision and shall be subject to fees and charges as set forth in section four thousand six of this article.
(c) All fees pursuant to this section shall be payable to the department of health for deposit into the special revenue funds - other, miscellaneous special revenue fund - 339, certificate of need account.
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