N.Y. Public Health Law § 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.