§ 3620 — Authorization to provide an AIDS home care program

§ 3620. Authorization to provide an AIDS home care program. 1. An\nAIDS home care program may be provided only by a provider of a long term\nhome health care program possessing a valid operating certificate issued\nunder this article or an AIDS center as defined in accordance with\nregulations promulgated by the commissioner.\n 2. No agency or facility shall provide an AIDS home care program\nwithout the written authorization of the commissioner to provide such a\nprogram.\n 3. A provider of a long term home health care program or AIDS center\nseeking authorization to provide an AIDS home care program shall\ntransmit to the commissioner an application setting forth the scope of\nthe proposed program. Such application shall be submitted in a format\nand quantity determined by the commissioner. The application shall\ninclude a detailed description of the proposed program including, but\nnot limited to, the following:\n (a) an outline of the applicant's plans for the AIDS home care\nprogram;\n (b) the need for the proposed program;\n (c) the number and types of personnel to be employed;\n (d) the ability of the applicant to provide the AIDS home care\nprogram;\n (e) the estimated number of visits to be provided;\n (f) the geographic area in which the proposed programs will be\nprovided;\n (g) any special or unusual services, programs, or equipment to be\nprovided;\n (h) a demonstration that the proposed program is feasible and adequate\nin terms of both short range and long range goals;\n (i) such other information as the commissioner may require.\n The commissioner shall not approve the application unless he is\nsatisfied as to:\n (a) the public need for the program at the time and place and under\nthe circumstances proposed;\n (b) the financial resources of the provider of the proposed program\nand its sources of future revenues;\n (c) the ability of the proposed program to meet those standards\nestablished for participation as a home health agency under title XVIII\nof the federal Social Security Act;\n (d) the ability of the proposed program to meet the needs of AIDS\npatients; and\n (e) such other matters as he shall deem pertinent.\n If the application is approved, the applicant shall be so notified in\nwriting. The commissioner's written approval of the application shall\nconstitute authorization to provide an AIDS home care program. If the\ncommissioner proposes to disapprove the application, he shall notify the\napplicant in writing, stating his reasons for disapproval, and afford\nthe applicant an opportunity for a public hearing.\n 4. Authorization to provide an AIDS home care program may be revoked,\nsuspended, limited or annulled by the commissioner on proof that a\nprovider of an AIDS home care program has failed to comply with the\nprovisions of this article or rules and regulations promulgated\nthereunder.\n 5. (a) Such authorization shall not be revoked, suspended, limited or\nannulled without a hearing. However, such authorization may be\ntemporarily suspended or limited without a hearing for a period not in\nexcess of thirty days upon written notice to the provider of an AIDS\nhome care program following a finding by the department that the public\nhealth or safety is in imminent danger.\n (b) The commissioner shall fix a time and place for the hearing. A\ncopy of the charges, together with the notice of the time and place of\nthe hearing, shall be served in person or mailed by registered or\ncertified mail to the provider of an AIDS home care program at least\ntwenty-one days before the date fixed for the hearing. Such provider\nshall file with the department not less than eight days prior to the\nhearing, a written answer to the charges.\n (c) 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 subdivision five of this\nsection, the commissioner shall suspend, limit or revoke the\nauthorization of a provider of an AIDS home care program after taking\ninto consideration the public need for the program and the availability\nof other services which may serve as alternatives or substitutes, and\nafter finding that suspending, limiting, or revoking the authorization\nof such provider 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\nprovider of an AIDS home care program, the commissioner shall cause to\nbe published, in a newspaper of general circulation in the geographic\narea of such provider, at least thirty days prior to making such a\nfinding an announcement that such a finding is under consideration and\nan address to which interested persons can write to make their views\nknown. The commissioner shall take all public comments into\nconsideration in making such a finding.\n (c) The commissioner shall, upon making any finding described in\nparagraph (a) of this subdivision with respect to any provider of an\nAIDS home care program cause such provider and the appropriate health\nsystems agency to be notified of the finding at least thirty days in\nadvance of taking the proposed action. Upon receipt of any such\nnotification and before the expiration of the thirty days or such longer\nperiod as may be specified in the notice, the provider or the\nappropriate health systems agency may request a public hearing to be\nheld in the county in which the provider is located. In no event shall\nthe revocation, suspension or limitation take effect prior to the\nthirtieth day after the date of the notice, or prior to the effective\ndate specified in the notice or prior to the date of the hearing\ndecision, whichever 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