2023 New York Laws › PBH - Public Health › Article 36 - Home Care Services › 3608 - Certification of Home Care Services Agencies.

§   3608.  Certification  of  home  care  services  agencies.  1.  The
commissioner shall issue a certificate of  approval  to  any  home  care
services  agency  qualified to participate as a home health agency under
titles XVIII and  XIX  of  the  federal  Social  Security  Act  applying
therefor which complies with the provision of this article and the rules
and  regulations  promulgated  pursuant  thereto, in accordance with the
standards and procedures  adopted  by  the  state  hospital  review  and
planning council.
2.  A  certified  home  health  agency  certificate of approval may be
revoked, suspended, limited or annulled by  the  commissioner  on  proof
that  the  certified  home  health  agency has failed to comply with the
provisions  of  this  article  or  rules  and  regulations   promulgated
thereunder.
3.  No  certified  home health agency certificate of approval shall be
revoked, suspended, limited or annulled without a  hearing.  However,  a
certificate  may  be  temporarily suspended or limited without a hearing
for a period not in excess of thirty days upon  written  notice  to  the
certified  home health agency following a finding by the department that
the public health or safety is in imminent danger.
4. The commissioner shall fix a time and place for the hearing. A copy
of the charges, together with the notice of the time and  place  of  the
hearing,  shall be served in person or mailed by registered or certified
mail to the certified home health agency at least twenty-one days before
the date fixed for the hearing.  The certified home health agency  shall
file  with the department not less than eight days prior to the hearing,
a written answer to the charges.
5. 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 or certified mail of a  copy  of  the
order or determination upon the applicant.
6.  (a)  Notwithstanding  the provisions of subdivisions three through
five of this section, the commissioner shall suspend, limit or revoke  a
certified  home  health agency certificate of approval after taking into
consideration the public need for the agency  and  the  availability  of
other services which may serve as alternatives or substitutes, and after
finding  that  suspending,  limiting,  or  revoking  the  certificate of
approval of such agency would be within the public interest in order  to
conserve  health resources by restricting the level of services to those
which are actually needed.
(b) Whenever any  finding  as  described  in  paragraph  (a)  of  this
subdivision  is  under  consideration  with  respect  to  any particular
certified home  health  agency,  the  commissioner  shall  cause  to  be
published,  in a newspaper of general circulation in the geographic area
of the agency, at least thirty days prior to making such  a  finding  an
announcement  that  such a finding is under consideration and an address
to which interested persons can write to make their views  known.    The
commissioner shall take all public comments into consideration in making
such a finding.
(c)  The  commissioner  shall,  upon  making  any finding described in
paragraph (a) of this subdivision with respect  to  any  certified  home
health  agency,  cause  such  agency  and the appropriate health systems
agency to be notified of the finding at least thirty days in advance  of
taking  the  proposed  action  to revoke, suspend or limit such agency's
certificate of approval. Upon  receipt  of  any  such  notification  and
before the expiration of the thirty days or such longer period as may be
specified  in  the  notice,  the  certified  home  health  agency or the
appropriate health sytems agency may request a public hearing to be held

in the county in which the agency is located.  In  no  event  shall  the
revocation,  suspension or limitation take effect prior to the thirtieth
day after the date of  the  notice,  or  prior  to  the  effective  date
specified  in  the  notice or prior to the date of the hearing decision,
whichever is later.
(d) Except as otherwise provided by law, all appeals from a finding of
the commissioner made pursuant to  paragraph  (a)  of  this  subdivision
shall  be directly to the appellate division of the supreme court in the
third department. Except as otherwise expressly provided  by  law,  such
appeals shall have preference over all issues in all courts.