There is a newer version of the New York Consolidated Laws
2006 New York Code - Establishment Of Certified Home Health Agencies.
§ 3606. Establishment of certified home health agencies. 1. The commissioner shall not issue a certificate of approval to any home care services agency except with the written approval of the public health council. However, a residential health care facility or hospital making application to the commissioner solely for authorization to provide a long term home health care program shall be deemed to have met such requirement, provided that the facility or hospital possesses a valid operating certificate under article twenty-eight of this chapter. 2. An application for approval of the proposed certified home health agency shall be filed with the public health council together with such other forms and information as shall be prescribed by, or acceptable to, the public health council. Thereafter, the public health council shall forward a copy of the proposed application for establishment and accompanying documents to the state hospital review and planning council and the health systems agency having geographical jurisdiction of the area where the services of the proposed certified home health agency are to be offered. The public health council shall act upon such application after the state hospital review and planning council and the health systems agency have had a reasonable time to submit their recommendations. At the time members of the public health council are notified that an application is scheduled for consideration, the applicant and the health systems agency shall be so notified in writing. The public health council shall not take any action contrary to the advice of either the state hospital review and planning council or the health systems agency until it affords to either an opportunity to request a public hearing and, if so requested, a public hearing shall be held. If the public health council proposes to disapprove the application it shall afford the applicant an opportunity to request a public hearing. The public health council may hold a public hearing on the application on its own motion. Any public hearing held pursuant to this subdivision may be conducted by the public health council or by any individual designated by the public health council. The public health council shall not approve an application for establishment unless it is satisfied, insofar as applicable, as to (a) the public need for the existence of the certified home health agency at the time and place and under the circumstances proposed; (b) the character, competence, and standing in the community, of the proposed incorporators, directors and sponsors; (c) the financial resources of the proposed certified home health agency and its sources of future revenues; and (d) such other matters as it shall deem pertinent. Neither the tax status nor profit-making status of proposed certified home health agencies shall be criteria for establishment. 3. An application for establishment by a home care services agency in existence and operating on the effective date of this section shall be acted upon by the public health council within twelve months of the submission of such application.
Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.