N.Y. Public Health Law § 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.