§ 3608 — Certification of home care services agencies

§ 3608. Certification of home care services agencies. 1. The\ncommissioner shall issue a certificate of approval to any home care\nservices agency qualified to participate as a home health agency under\ntitles XVIII and XIX of the federal Social Security Act applying\ntherefor which complies with the provision of this article and the rules\nand regulations promulgated pursuant thereto, in accordance with the\nstandards and procedures adopted by the state hospital review and\nplanning council.\n 2. A certified home health agency certificate of approval may be\nrevoked, suspended, limited or annulled by the commissioner on proof\nthat the certified home health agency has failed to comply with the\nprovisions of this article or rules and regulations promulgated\nthereunder.\n 3. No certified home health agency certificate of approval shall be\nrevoked, suspended, limited or annulled without a hearing. However, a\ncertificate may be temporarily suspended or limited without a hearing\nfor a period not in excess of thirty days upon written notice to the\ncertified home health agency following a finding by the department that\nthe public health or safety is in imminent danger.\n 4. The commissioner shall fix a time and place for the hearing. A copy\nof the charges, together with the notice of the time and place of the\nhearing, shall be served in person or mailed by registered or certified\nmail to the certified home health agency at least twenty-one days before\nthe date fixed for the hearing. The certified home health agency shall\nfile with the department not less than eight days prior to the hearing,\na written answer to the charges.\n 5. All orders or determinations hereunder shall be subject to review\nas provided in article seventy-eight of the civil practice law and\nrules. Application for such review must be made within sixty days after\nservice in person or by registered or certified mail of a copy of the\norder or determination upon the applicant.\n 6. (a) Notwithstanding the provisions of subdivisions three through\nfive of this section, the commissioner shall suspend, limit or revoke a\ncertified home health agency certificate of approval after taking into\nconsideration the public need for the agency and the availability of\nother services which may serve as alternatives or substitutes, and after\nfinding that suspending, limiting, or revoking the certificate of\napproval of such agency would be within the public interest in order to\nconserve health resources by restricting the level of services to those\nwhich are actually needed.\n (b) Whenever any finding as described in paragraph (a) of this\nsubdivision is under consideration with respect to any particular\ncertified home health agency, the commissioner shall cause to be\npublished, in a newspaper of general circulation in the geographic area\nof the agency, at least thirty days prior to making such a finding an\nannouncement that such a finding is under consideration and an address\nto which interested persons can write to make their views known. The\ncommissioner shall take all public comments into consideration in making\nsuch a finding.\n (c) The commissioner shall, upon making any finding described in\nparagraph (a) of this subdivision with respect to any certified home\nhealth agency, cause such agency and the appropriate health systems\nagency to be notified of the finding at least thirty days in advance of\ntaking the proposed action to revoke, suspend or limit such agency's\ncertificate of approval. Upon receipt of any such notification and\nbefore the expiration of the thirty days or such longer period as may be\nspecified in the notice, the certified home health agency or the\nappropriate health sytems agency may request a public hearing to be held\nin the county in which the agency is located. In no event shall the\nrevocation, suspension or limitation take effect prior to the thirtieth\nday after the date of the notice, or prior to the effective date\nspecified in the notice or prior to the date of the hearing decision,\nwhichever is later.\n (d) Except as otherwise provided by law, all appeals from a finding of\nthe commissioner made pursuant to paragraph (a) of this subdivision\nshall be directly to the appellate division of the supreme court in the\nthird department. Except as otherwise expressly provided by law, such\nappeals shall have preference over all issues in all courts.\n