NY Pub Health L § 3605 (2021)
2021 New York Laws PBH - Public Health Article 36 - Home Care Services 3605 - Licensure of Home Care Services Agencies.

§  3605.  Licensure  of  home  care  services agencies. 1. After April first, nineteen hundred eighty-six, no home care services  agency  which is  engaged  in  providing,  directly  or  through contract arrangement, nursing services, home health aide services, or personal  care  services shall  be  operated  without  a  license  issued  by the commissioner in accordance with the  standards  set  forth  in  this  section;  provided however,  an  agency  which provides personal care or home care services exclusively to individuals pursuant to a program administered,  operated or  regulated  by  another  state agency or an organization licensed and operating exclusively as a nurses' registry pursuant to  article  eleven of  the  general  business  law  shall  be  exempt  from  the  licensure requirements of this chapter. The licensure requirements of this chapter shall not apply to sole practitioners licensed pursuant to sections  six thousand  nine  hundred  five  and  six thousand nine hundred six of the education law.   2. The commissioner shall  not  issue  a  license  to  any  home  care services  agency  except  with the written approval of the public health and health planning council issued pursuant to the  provisions  of  this section.   3.  An  application for licensure as a home care services agency shall be filed with the public health and  health  planning  council  together with  such  other  forms  and  information as shall be prescribed by, or acceptable  to,  the  public  health  and   health   planning   council. Thereafter,  the public health and health planning council shall forward for comment, if any,  a  copy  of  the  application  for  licensure  and accompanying  documents  to  the  health  systems agency, if any, having geographical jurisdiction of the area where the services of the proposed agency are to be offered. The public health and health planning  council shall act upon such application, after the health systems agency has had reasonable  time  to  submit  its  comments,  based solely upon criteria provided for in subdivision four of this section. If the  public  health and  health  planning council proposes to disapprove the application, it shall notify the applicant, provide reasons for disapproval  and  afford the  applicant a hearing on the application, if requested, or on its own motion. Any hearing held pursuant to this subdivision may  be  conducted by  the  public  health and health planning council or by any individual designated by the public health and health planning council.   4. The public health and health planning council shall not approve  an application  for  licensure unless it is satisfied as to: (a) the public need for the existence of the licensed home health care  service  agency at  the  time  and  place  and under the circumstances proposed; (b) the character, competence and standing in the community of  the  applicant's incorporators,  directors,  sponsors, stockholders or operators; (c) the financial resources of the proposed licensed home  health  care  service agency and its sources of financial revenues; and (d) such other matters as it shall deem pertinent.   5.  A  license shall not be issued by the commissioner unless he finds that the equipment, personnel, rules, standards of care, and  home  care services  are  fit and adequate, and that the home care services will be provided in the manner required  by  this  article  and  the  rules  and regulations thereunder.   6.  Neither  tax status nor profit-making status shall be criteria for licensure.   7. An agency licensed pursuant to this section shall be authorized  to provide  nursing  services,  home  health aide services or personal care services.   8. Agencies licensed  pursuant  to  this  section  but  not  certified pursuant  to  section  three thousand six hundred eight of this article,  shall not be qualified to participate as a home health agency under  the provisions  of  title  XVIII  or  XIX of the federal Social Security Act provided, however, an agency which has a contract with a state agency or its locally designated office or, as specified by the commissioner, with a  managed  care  organization participating in the managed care program established pursuant to section three hundred sixty-four-j of the social services law or with a managed long term care plan established  pursuant to  section  forty-four  hundred  three-f  of  this chapter, may receive reimbursement under title XIX of the federal Social Security Act.   * 9. An entity which seeks approval as a limited  home  care  services agency  must  meet  the  requirements  of  this  section,  the rules and regulations of the department, and must be a certified  operator  of  an adult  home or enriched housing program pursuant to article seven of the social  services  law.  The  commissioner  shall  approve   only   those applicants  that  the  commissioner of the department of social services has listed as eligible pursuant to the requirements of paragraph (a)  of subdivision eleven of this section.   * NB Expires June 30, 2023   * 10. The department shall notify the department of social services of any action taken against a limited home care services agency pursuant to section thirty-six hundred five-a of this article.   * NB Expires June 30, 2023   * 11.  For  purposes  of this subdivision, eligibility of limited home care services agencies licensed by the department shall be as follows:  (a) Only those certified operators of adult homes and enriched housing programs that provide services that are consistent  with  the  needs  of each  resident,  meet  the  standards  governing  the  operation of such facilities in accordance with the provisions of  article  seven  of  the social services law, and provide quality care shall be considered by the department as eligible for licensure.  (b) An operator that has received current official written notice from the  department of social services of any enforcement action pursuant to section four hundred sixty-d of the social services  law  shall  not  be eligible for such certification.  (c) Such current enforcement action, when resolved to the satisfaction of  the  commissioner  of  social services, shall not itself preclude an otherwise eligible  applicant  from  licensure  approval  but  shall  be considered  by  the department in determining the character, competence, and standing in the community of the applicant pursuant  to  subdivision four of this section.  (d)  If  the  department receives notice from the department of social services that a certified operator of an adult home or enriched  housing program  that  is  licensed  as  a limited home care services agency has received official written notice from the department of social  services of  a proposed enforcement action taken pursuant to section four hundred sixty-d of the social services law,  the  department  shall  review  the delivery  of  home  care  services  to  determine whether such agency is meeting all applicable regulations and standards.   * NB Expires June 30, 2023   * 12. Notwithstanding any law to the contrary, the commissioner  shall have  the  authority  to  limit  the  number of adult homes and enriched housing programs eligible for licensure under this section.   * NB Expires June 30, 2023   13. The commissioner shall charge to applicants for the  licensure  of home  care services agencies an application fee of two thousand dollars. 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.    14.  Notwithstanding  any contrary provision of law and subject to the availability of federal financial  participation,  for  periods  on  and after April first, two thousand fourteen, the commissioner is authorized to  make  temporary periodic lump-sum Medicaid payments to licensed home care  service  agencies  ("LHCSA") principally engaged in providing home health services to Medicaid patients, in accordance with the following:  (a) Eligible LHCSA providers shall include:  (i) providers undergoing closure;  (ii) providers impacted by the closure of other health care providers;  (iii) providers subject to mergers,  acquisitions,  consolidations  or restructuring;  (iv)  providers  impacted by the merger, acquisition, consolidation or restructuring of other health care providers; or  (v) providers seeking to ensure that access to care is maintained.  (b) Providers seeking Medicaid payments under this  subdivision  shall demonstrate through submission of a written proposal to the commissioner that  the  additional  resources provided by such Medicaid payments will achieve one or more of the following:  (i) protect or enhance access to care;  (ii) protect or enhance quality of care;  (iii) improve the cost effectiveness of the delivery  of  health  care services; or  (iv)  otherwise protect or enhance the health care delivery system, as determined by the commissioner.  (c) (i) Such written proposal shall be submitted to  the  commissioner at least sixty days prior to the requested commencement of such Medicaid payments and shall include a proposed budget to achieve the goals of the proposal.  Any  Medicaid  payments  issued  pursuant to this subdivision shall be made over a specified period of  time,  as  determined  by  the commissioner,  of  up  to  three  years.  At  the  end  of the specified timeframe such payments shall cease. The commissioner may establish,  as a condition of receiving such Medicaid payments, benchmarks and goals to be  achieved  in  conformity  with  the  provider's  written proposal as approved by the commissioner and may  also  require  that  the  provider submit   such  periodic  reports  concerning  the  achievement  of  such benchmarks and goals as the commissioner  deems  necessary.  Failure  to achieve  satisfactory  progress,  as  determined by the commissioner, in accomplishing such benchmarks and goals shall be a basis for ending  the provider's   Medicaid  payments  prior  to  the  end  of  the  specified timeframe.  (ii) The commissioner may require that applications submitted pursuant to this subdivision be submitted in response to and in accordance with a Request For Applications or  a  Request  For  Proposals  issued  by  the commissioner.