New York Consolidated Laws

N.Y. Public Health Law § 2805 (2026)

Approval of hospitals; operating certificates

✓ current as of May 2026

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§ 2805. Approval of hospitals; operating certificates.  1. No hospital
shall be operated unless it shall: (a) possess a valid operating
certificate issued pursuant to this article, which certificate may
specify the kind or kinds of hospital services the facility is
authorized to provide; (b) establish and maintain a uniform system of
cost analysis approved by the commissioner; and (c) establish and
maintain a uniform system of reports and audits meeting the requirements
of the commissioner.
  2. (a) Application for an operating certificate for a hospital shall
be made upon forms prescribed by the department. The application shall
contain the name of the hospital, the kind or kinds of hospital service
to be provided, the location and physical description of the
institution, and such other information as the department may require.
  (b) An operating certificate shall not be issued by the department
unless it finds that the premises, equipment, personnel, rules and
by-laws, standards of medical care, and hospital service are fit and
adequate and that the hospital will be operated in the manner required
by this article and rules and regulations thereunder.
  (d) In the case of a state, county or municipal hospital an operating
certificate shall not be issued by the department unless the hospital
maintains a record of all charges and collections made by any person,
partnership, organization or other entity whatsoever for services
rendered to patients in such hospital, including, but not limited to,
the person making the charge, the amount of the charge and the purpose
for which the charge was made. Such record shall be made in a form
acceptable to the commissioner and include any charges relating to
admission to or discharge from such hospital.

Notes of Decisions

Cited in 23 cases (8 in the last 5 years), 1971–2026 · leading case: Allstate Ins. v. Elzanaty, 916 F. Supp. 2d 273 (E.D.N.Y 2013).

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Allstate Ins. v. Elzanaty, 916 F. Supp. 2d 273 (E.D.N.Y 2013). “N.Y. Public Health Law § 2805 . According to the Defendants, the main distinguishing factor between the particular circumstances here and the Mallela case is that the N.”

Marte v. Brooklyn Hosp. Ctr., 9 A.D.3d 41 (N.Y. App. Div. 2004). “) Public Health Law § 2805 pertains to hospitals.”

Jones v. United States, 720 F. Supp. 355 (S.D.N.Y. 1989). · cites it 2× “” N.Y. Public Health Law § 2805 -d(2); Brandon v.”

Ross v. N. Westchester Hosp. Ass'n, 43 A.D.3d 1135 (N.Y. App. Div. 2007). “The defendant claimed that the requested material was privileged under Education Law § 6527 (3) and Public Health Law § 2805-/. The Supreme Court denied the plaintiffs motion which, in effect, sought to compel the defendant to comply with her discovery demands.”

GELDZAHLER v. New York Med. Coll., 746 F. Supp. 2d 618 (S.D.N.Y. 2010). “; N.Y. Public Health Law § 2805 (McKinney 2010).”

Gotlin v. Lederman, 367 F. Supp. 2d 349 (E.D.N.Y 2005). “iction; (2) dismisses the Lanham Act claim (Count XI); (3) dismisses the RICO claim (Count XII); (4) dismisses the fraud claim (Count II); (5) dismisses the negligent misrepresentation claim (Count V); (6) dismisses the claim for unjust enrichment (Count III); (7) dismisses the…”

Bass v. Richardson, 338 F. Supp. 478 (S.D.N.Y. 1971). “N.Y. Public Health Law § 2805 -a, McKinney's Consol.”

St. Elizabeth's Hosp v. Bd., 174 A.D.2d 225 (N.Y. App. Div. 1992). “Section 2805-m (1) provides that: "The information required to be collected and maintained pursuant to [Public Health Law §§ 2805-j and 2805-k and] reports re *231 quired to be submitted pursuant to [Public Health Law § 2805- l] * * * shall be kept confidential and shall not be…”

Syposs v. United States, 63 F. Supp. 2d 301 (W.D.N.Y. 1999). “” N.Y. Public Health Law § 2805 -m (McKinney 1993).”

Zeoli v. Jacobowitz, 2021 NY Slip Op 04004 (N.Y. App. Div. 2021). “Defendants made a prima facie showing of informed consent by submitting deposition testimony and medical records establishing that they informed plaintiff Anthony Zeoli of the reasonably foreseeable risks associated with the procedures, and that plaintiff signed a written…”

Jackson v. New York City Health & Hospitals Corp., 419 F. Supp. 809 (S.D.N.Y. 1976). “N.Y. Public Health Law § 2805 -b(2) (McKinney 1975-1976 Pocket Part).”

Avakian v. United States, 739 F. Supp. 724 (N.D.N.Y. 1990). “Bedford never discussed with her the risks associated with the procedure, the plaintiff was still required to prove, inter alia, that a reasonably prudent person in the plaintiff’s position would not have undergone the treatment if she had been fully informed.”

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— N.Y. Public Health Law § 2805(m) — 1 case

Mirra v. Woo, 2026 NY Slip Op 50286(U) (N.Y. Sup. Ct., Nassau Cty. 2026).

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