§ 3606 — Establishment of certified home health agencies

§ 3606. Establishment of certified home health agencies. 1. The\ncommissioner shall not issue a certificate of approval to any home care\nservices agency except with the written approval of the public health\nand health planning council. However, a residential health care facility\nor hospital making application to the commissioner solely for\nauthorization to provide a long term home health care program shall be\ndeemed to have met such requirement, provided that the facility or\nhospital possesses a valid operating certificate under article\ntwenty-eight of this chapter.\n 2. An application for approval of the proposed certified home health\nagency shall be filed with the public health and health planning council\ntogether with such other forms and information as shall be prescribed\nby, or acceptable to, the public health and health planning council.\nThereafter, the public health and health planning council shall forward\na copy of the proposed application for establishment and accompanying\ndocuments to the health systems agency, if any, having geographical\njurisdiction of the area where the services of the proposed certified\nhome health agency are to be offered. The public health and health\nplanning council shall act upon such application after the health\nsystems agency has had a reasonable time to submit its recommendations.\nAt the time members of the public health and health planning council are\nnotified that an application is scheduled for consideration, the\napplicant and the health systems agency shall be so notified in writing.\nThe public health and health planning council shall not take any action\ncontrary to the advice of the health systems agency until it affords to\nthe health systems agency an opportunity to request a public hearing\nand, if so requested, a public hearing shall be held. If the public\nhealth and health planning council proposes to disapprove the\napplication it shall afford the applicant an opportunity to request a\npublic hearing. The public health and health planning council may hold a\npublic hearing on the application on its own motion. Any public hearing\nheld pursuant to this subdivision may be conducted by the public health\nand health planning council or by any individual designated by the\npublic health and health planning council.\n The public health and health planning council shall not approve an\napplication for establishment unless it is satisfied, insofar as\napplicable, as to (a) the public need for the existence of the certified\nhome health agency at the time and place and under the circumstances\nproposed; (b) the character, competence, and standing in the community,\nof the proposed incorporators, directors and sponsors; (c) the financial\nresources of the proposed certified home health agency and its sources\nof future revenues; and (d) such other matters as it shall deem\npertinent.\n Neither the tax status nor profit-making status of proposed certified\nhome health agencies shall be criteria for establishment.\n 3. An application for establishment by a home care services agency in\nexistence and operating on the effective date of this section shall be\nacted upon by the public health council within twelve months of the\nsubmission of such application.\n 4. (a) The commissioner shall charge to applicants for the\nestablishment of certified home health agencies an application fee of\ntwo thousand dollars.\n (b) An applicant for both establishment and construction of a\ncertified home health agency shall not be subject to this subdivision\nand shall be subject to fees and charges as set forth in section\nthirty-six hundred six-a of this article.\n (c) The fees and charges paid by an applicant pursuant to this\nsubdivision for any application approved in accordance with this section\nshall be deemed allowable costs in the determination of reimbursement\nrates established pursuant to this article. All fees pursuant to this\nsection shall be payable to the department of health for deposit into\nthe special revenue funds - other, miscellaneous special revenue fund -\n339, certificate of need account.\n