An Article 28 facility is a designation for healthcare providers in New York State, established under Article 28 of the New York State Public Health Law (PHL). This legal framework defines and regulates nearly all institutional settings where medical care, diagnosis, or treatment is provided to the public. The designation ensures that facilities offering these services are properly licensed and meet quality standards. The primary goal of this regulatory structure is to protect the health and safety of patients receiving care within these institutions.
Regulatory Authority and Purpose
The legal foundation for this designation is Article 28 of the New York State Public Health Law (PHL), which outlines the rules for the establishment and operation of hospitals and related healthcare facilities. The New York State Department of Health (DOH) is the agency responsible for enforcing this law, including the certification and oversight of every Article 28 facility. This statute mandates that any facility providing “hospital service” or “health-related service” must obtain an operating certificate from the DOH before it can operate.
The purpose of Article 28 is to ensure the quality and safety of healthcare institutions operating within the state. This regulatory mechanism serves as a benchmark signifying a facility’s adherence to standards for patient care and physical plant requirements. Mandatory licensure and continuous surveillance help maintain a coordinated system of healthcare services. The law also includes provisions for defining patient rights and establishing reporting requirements.
Types of Designated Healthcare Facilities
The Article 28 designation applies to a broad spectrum of institutional providers, covering settings from acute care hospitals to long-term residential facilities. The law defines a “hospital” broadly to include any facility engaged in providing services for the prevention, diagnosis, or treatment of human disease or injury under the supervision of a physician. This regulatory umbrella standardizes oversight for any entity that delivers institutional medical services.
General and specialty hospitals are the most recognizable type of Article 28 facility, providing inpatient and emergency services on a twenty-four-hour basis. This category includes major medical centers, community hospitals, and specialty institutions. These facilities must meet requirements regarding their medical staffing, organized nursing services, and provision for emergency care.
Diagnostic and Treatment Centers (D&TCs), often functioning as community clinics or ambulatory surgery centers, also fall under the Article 28 umbrella. D&TCs provide outpatient services, which can range from primary care and specialized medical consultations to minimally invasive surgical procedures. The regulatory structure differentiates between D&TCs offering basic services and those with an Ambulatory Surgery Center designation, which permits more invasive procedures requiring deep sedation or general anesthesia.
Furthermore, the designation covers long-term care facilities, specifically nursing homes and residential health care facilities. These institutions provide nursing care, health-related services, lodging, and board to sick, infirm, or convalescent persons.
Operational Standards and Patient Oversight
Article 28 status requires facilities to adhere to operational standards focused on patient safety and quality control. Every facility must implement quality assurance and continuous quality improvement programs to monitor and enhance patient outcomes. These programs involve regular internal review of care processes and clinical protocols to identify and correct deficiencies.
Detailed medical record maintenance is a requirement, ensuring that patient care is accurately documented and easily accessible for continuity of treatment and regulatory inspection. Facilities must also comply with reporting requirements for adverse events, which include any incident that results in patient harm or requires intervention. This reporting provides the DOH with data to monitor safety trends and intervene when necessary.
Any significant change to an Article 28 facility—such as construction of a new wing, acquisition of major medical equipment, or a substantial change in services—requires approval through the Certificate of Need (CON) process. The CON process ensures that proposed capital projects or service expansions align with community healthcare needs. This oversight helps prevent unnecessary duplication of services, contributing to coordinated healthcare planning across the state.