NY Pub Health L § 3606-A (2021)
2021 New York Laws PBH - Public Health Article 36 - Home Care Services 3606-A - Certified Home Health Agency Construction.

§   3606-a.   Certified   home  health  agency  construction.  1.  The construction of a certified home health agency shall require  the  prior approval of the commissioner.   2.  An  application  for  such  construction  shall  be filed with the department, together with such other forms and information as  shall  be prescribed   by,  or  acceptable  to,  the  department.  Thereafter  the department shall forward a copy  of  the  application  and  accompanying documents  to  the  public  health  and  health planning council and the health systems agency, if any, having geographical jurisdiction  of  the area where the agency is located.   3. The commissioner shall not act upon an application for construction unless  (a)  the  applicant  has  obtained  all  approvals  and consents required by law for its incorporation or  establishment  (including  the approval  of  the  public health and health planning council pursuant to the provisions of this article) and until the public health  and  health planning  council  and the health systems agency, if any, concerned have had a reasonable time to  submit  their  recommendations;  and  (b)  the commissioner is satisfied as to the public need for the construction, at the time and place and under the circumstances proposed.   4.  Subject to the provisions of paragraph (b) of subdivision three of this section, the commissioner in approving the construction shall  take into consideration and be empowered to request information and advice as to  (a) the availability of facilities or services which currently serve as alternatives or substitutes for the whole or any part of the proposed construction;  (b) the need for program changes in view of  existing  utilization  at the time and place and under the circumstances proposed; and  (c) the adequacy of financial resources and sources of future revenue.   5.  In  determining  whether  there  is a public need for the proposed construction pursuant to subdivisions three and four  of  this  section, the  commissioner shall consider the advice of the state health planning and development agency designated pursuant  to  the  provisions  of  the national  health  planning  and  resources  development  act of nineteen hundred seventy-four and any amendments thereto.   6. No government agency shall  construct  any  certified  home  health agency  without  securing  the  written  approval of the commissioner in accordance with  the  applicable  requirements  and  procedures  of  the preceding subdivisions.   7.  If  the  commissioner  proposes  to  disapprove an application for construction of a certified home health  agency,  he  shall  afford  the applicant  an  opportunity to request a public hearing. The commissioner shall not take any action contrary to the advice of the  health  systems agency until he affords an opportunity to the agency to request a public hearing and, if so requested, a public hearing shall be held.   8.  The  commissioner, on his own motion, may hold a public hearing on an application for construction of a certified home health agency.   9. (a) The commissioner shall charge to applicants for construction of certified home health  agencies  an  application  fee  of  two  thousand dollars.  Each  such applicant shall, at such time as the commissioner's written approval of the construction is granted, pay an  additional  fee of  thirty  hundredths  of one percent of the total capital value of the application.  (b) The fees and  charges  paid  by  an  applicant  pursuant  to  this subdivision for any application approved in accordance with this section shall  be  deemed  allowable costs in the determination of reimbursement rates established pursuant to this article. 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.