§ 3606-A — Certified home health agency construction

§ 3606-a. Certified home health agency construction. 1. The\nconstruction of a certified home health agency shall require the prior\napproval of the commissioner.\n 2. An application for such construction shall be filed with the\ndepartment, together with such other forms and information as shall be\nprescribed by, or acceptable to, the department. Thereafter the\ndepartment shall forward a copy of the application and accompanying\ndocuments to the public health and health planning council and the\nhealth systems agency, if any, having geographical jurisdiction of the\narea where the agency is located.\n 3. The commissioner shall not act upon an application for construction\nunless (a) the applicant has obtained all approvals and consents\nrequired by law for its incorporation or establishment (including the\napproval of the public health and health planning council pursuant to\nthe provisions of this article) and until the public health and health\nplanning council and the health systems agency, if any, concerned have\nhad a reasonable time to submit their recommendations; and (b) the\ncommissioner is satisfied as to the public need for the construction, at\nthe time and place and under the circumstances proposed.\n 4. Subject to the provisions of paragraph (b) of subdivision three of\nthis section, the commissioner in approving the construction shall take\ninto consideration and be empowered to request information and advice as\nto (a) the availability of facilities or services which currently serve\nas alternatives or substitutes for the whole or any part of the proposed\nconstruction;\n (b) the need for program changes in view of existing utilization at\nthe time and place and under the circumstances proposed; and\n (c) the adequacy of financial resources and sources of future revenue.\n 5. In determining whether there is a public need for the proposed\nconstruction pursuant to subdivisions three and four of this section,\nthe commissioner shall consider the advice of the state health planning\nand development agency designated pursuant to the provisions of the\nnational health planning and resources development act of nineteen\nhundred seventy-four and any amendments thereto.\n 6. No government agency shall construct any certified home health\nagency without securing the written approval of the commissioner in\naccordance with the applicable requirements and procedures of the\npreceding subdivisions.\n 7. If the commissioner proposes to disapprove an application for\nconstruction of a certified home health agency, he shall afford the\napplicant an opportunity to request a public hearing. The commissioner\nshall not take any action contrary to the advice of the health systems\nagency until he affords an opportunity to the agency to request a public\nhearing and, if so requested, a public hearing shall be held.\n 8. The commissioner, on his own motion, may hold a public hearing on\nan application for construction of a certified home health agency.\n 9. (a) The commissioner shall charge to applicants for construction of\ncertified home health agencies an application fee of two thousand\ndollars. Each such applicant shall, at such time as the commissioner's\nwritten approval of the construction is granted, pay an additional fee\nof thirty hundredths of one percent of the total capital value of the\napplication.\n (b) 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