2023 New York Laws › PBH - Public Health › Article 36 - Home Care Services › 3606 - Establishment of Certified Home Health Agencies.

§  3606.  Establishment  of  certified  home health agencies.   1. The
commissioner shall not issue a certificate of approval to any home  care
services  agency  except  with the written approval of the public health
and health planning council. However, a residential health care facility
or  hospital  making  application  to  the   commissioner   solely   for
authorization  to  provide a long term home health care program shall be
deemed to have met such  requirement,  provided  that  the  facility  or
hospital   possesses   a   valid  operating  certificate  under  article
twenty-eight of this chapter.
2. An application for approval of the proposed certified  home  health
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
a copy of the proposed application for  establishment  and  accompanying
documents  to  the  health  systems  agency, if any, having geographical
jurisdiction of the area where the services of  the  proposed  certified
home  health  agency  are  to  be  offered. The public health and health
planning council shall  act  upon  such  application  after  the  health
systems  agency has had a reasonable time to submit its recommendations.
At the time members of the public health and health planning council are
notified  that  an  application  is  scheduled  for  consideration,  the
applicant and the health systems agency shall be so notified in writing.
The  public health and health planning council shall not take any action
contrary to the advice of the health systems agency until it affords  to
the  health  systems  agency  an opportunity to request a public hearing
and, if so requested, a public hearing shall  be  held.  If  the  public
health   and   health   planning  council  proposes  to  disapprove  the
application it shall afford the applicant an opportunity  to  request  a
public hearing. The public health and health planning council may hold a
public  hearing on the application on its own motion. Any public 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.
The public health and health planning council  shall  not  approve  an
application  for  establishment  unless  it  is  satisfied,  insofar  as
applicable, as to (a) the public need for the existence of the certified
home health agency at the time and place  and  under  the  circumstances
proposed;  (b) the character, competence, and standing in the community,
of the proposed incorporators, directors and sponsors; (c) the financial
resources of the proposed certified home health agency and  its  sources
of  future  revenues;  and  (d)  such  other  matters  as  it shall deem
pertinent.
Neither the tax status nor profit-making status of proposed  certified
home health agencies shall be criteria for establishment.
3.  An application for establishment by a home care services agency in
existence and operating on the effective date of this section  shall  be
acted  upon  by  the  public  health council within twelve months of the
submission of such application.
4.  (a)  The  commissioner  shall  charge  to   applicants   for   the
establishment  of  certified  home health agencies an application fee of
two thousand dollars.
(b)  An  applicant  for  both  establishment  and  construction  of  a
certified  home  health  agency shall not be subject to this subdivision
and shall be subject to  fees  and  charges  as  set  forth  in  section
thirty-six hundred six-a of this article.
(c)  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.