N.Y. Public Health Law § 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.