N.Y. Public Health Law § 3606-a: Certified home health agency construction

§ 3606-a. Certified home health agency construction. 1. The

construction of a certified home health agency shall require the prior

approval of the commissioner.

2. An application for such construction shall be filed with the

department, together with such other forms and information as shall be

prescribed by, or acceptable to, the department. Thereafter the

department shall forward a copy of the application and accompanying

documents to the public health and health planning council and the

health systems agency, if any, having geographical jurisdiction of the

area where the agency is located.

3. The commissioner shall not act upon an application for construction

unless (a) the applicant has obtained all approvals and consents

required by law for its incorporation or establishment (including the

approval of the public health and health planning council pursuant to

the provisions of this article) and until the public health and health

planning council and the health systems agency, if any, concerned have

had a reasonable time to submit their recommendations; and (b) the

commissioner is satisfied as to the public need for the construction, at

the time and place and under the circumstances proposed.

4. Subject to the provisions of paragraph (b) of subdivision three of

this section, the commissioner in approving the construction shall take

into consideration and be empowered to request information and advice as

to (a) the availability of facilities or services which currently serve

as alternatives or substitutes for the whole or any part of the proposed

construction;

(b) the need for program changes in view of existing utilization at

the time and place and under the circumstances proposed; and

(c) the adequacy of financial resources and sources of future revenue.

5. In determining whether there is a public need for the proposed

construction pursuant to subdivisions three and four of this section,

the commissioner shall consider the advice of the state health planning

and development agency designated pursuant to the provisions of the

national health planning and resources development act of nineteen

hundred seventy-four and any amendments thereto.

6. No government agency shall construct any certified home health

agency without securing the written approval of the commissioner in

accordance with the applicable requirements and procedures of the

preceding subdivisions.

7. If the commissioner proposes to disapprove an application for

construction of a certified home health agency, he shall afford the

applicant an opportunity to request a public hearing. The commissioner

shall not take any action contrary to the advice of the health systems

agency until he affords an opportunity to the agency to request a public

hearing and, if so requested, a public hearing shall be held.

8. The commissioner, on his own motion, may hold a public hearing on

an application for construction of a certified home health agency.

9. (a) The commissioner shall charge to applicants for construction of

certified home health agencies an application fee of two thousand

dollars. Each such applicant shall, at such time as the commissioner's

written approval of the construction is granted, pay an additional fee

of thirty hundredths of one percent of the total capital value of the

application.

(b) 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.