2023 New York Laws › PBH - Public Health › Article 36 - Home Care Services › 3620 - Authorization to Provide an AIDS Home Care Program.

§  3620.  Authorization  to  provide an AIDS home care program.  1. An
AIDS home care program may be provided only by a provider of a long term
home health care program possessing a valid operating certificate issued
under this article or an AIDS  center  as  defined  in  accordance  with
regulations promulgated by the commissioner.
2.  No  agency  or  facility  shall  provide an AIDS home care program
without the written authorization of the commissioner to provide such  a
program.
3.  A  provider of a long term home health care program or AIDS center
seeking authorization  to  provide  an  AIDS  home  care  program  shall
transmit  to  the commissioner an application setting forth the scope of
the proposed program. Such application shall be submitted  in  a  format
and  quantity  determined  by  the  commissioner.  The application shall
include a detailed description of the proposed  program  including,  but
not limited to, the following:
(a)  an  outline  of  the  applicant's  plans  for  the AIDS home care
program;
(b) the need for the proposed program;
(c) the number and types of personnel to be employed;
(d) the ability of  the  applicant  to  provide  the  AIDS  home  care
program;
(e) the estimated number of visits to be provided;
(f)  the  geographic  area  in  which  the  proposed  programs will be
provided;
(g) any special or unusual services,  programs,  or  equipment  to  be
provided;
(h) a demonstration that the proposed program is feasible and adequate
in terms of both short range and long range goals;
(i) such other information as the commissioner may require.
The  commissioner  shall  not  approve  the  application  unless he is
satisfied as to:
(a) the public need for the program at the time and  place  and  under
the circumstances proposed;
(b)  the  financial  resources of the provider of the proposed program
and its sources of future revenues;
(c) the ability of  the  proposed  program  to  meet  those  standards
established  for participation as a home health agency under title XVIII
of the federal Social Security Act;
(d) the ability of the proposed program to  meet  the  needs  of  AIDS
patients; and
(e) such other matters as he shall deem pertinent.
If  the application is approved, the applicant shall be so notified in
writing.  The commissioner's written approval of the  application  shall
constitute  authorization  to  provide an AIDS home care program. If the
commissioner proposes to disapprove the application, he shall notify the
applicant in writing, stating his reasons for  disapproval,  and  afford
the applicant an opportunity for a public hearing.
4.  Authorization to provide an AIDS home care program may be revoked,
suspended, limited or annulled by  the  commissioner  on  proof  that  a
provider  of  an  AIDS  home  care program has failed to comply with the
provisions  of  this  article  or  rules  and  regulations   promulgated
thereunder.
5.  (a) Such authorization shall not be revoked, suspended, limited or
annulled  without  a  hearing.  However,  such  authorization   may   be
temporarily  suspended  or limited without a hearing for a period not in
excess of thirty days upon written notice to the  provider  of  an  AIDS
home  care program following a finding by the department that the public
health or safety is in imminent danger.
(b) 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  provider of an AIDS home care program at least
twenty-one  days  before  the date fixed for the hearing.  Such provider
shall file with the department not less than eight  days  prior  to  the
hearing, a written answer to the charges.
(c)  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  subdivision  five  of  this
section,   the   commissioner   shall   suspend,  limit  or  revoke  the
authorization of a provider of an AIDS home care  program  after  taking
into  consideration the public need for the program and the availability
of other services which may serve as alternatives  or  substitutes,  and
after  finding  that suspending, limiting, or revoking the authorization
of such provider 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
provider of an AIDS home care program, the commissioner shall  cause  to
be  published,  in  a newspaper of general circulation in the geographic
area of such provider, 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 provider of an
AIDS home care program cause such provider and  the  appropriate  health
systems  agency  to  be  notified of the finding at least thirty days in
advance of  taking  the  proposed  action.  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  provider  or  the
appropriate health systems agency may request a  public  hearing  to  be
held  in  the county in which the provider 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.