2022 New York Laws
PBH - Public Health
Article 36 - Home Care Services
3606-A - Certified Home Health Agency Construction.

§   3606-a.   Certified   home  health  agency  construction.  1.  The
construction of a certified home health agency shall require  the  prior
approval of the commissioner.
  2.  An  application  for  such  construction  shall  be filed with the
department, together with such other forms and information as  shall  be
prescribed   by,  or  acceptable  to,  the  department.  Thereafter  the
department shall forward a copy  of  the  application  and  accompanying
documents  to  the  public  health  and  health planning council and the
health systems agency, if any, having geographical jurisdiction  of  the
area where the agency is located.
  3. The commissioner shall not act upon an application for construction
unless  (a)  the  applicant  has  obtained  all  approvals  and consents
required by law for its incorporation or  establishment  (including  the
approval  of  the  public health and health planning council pursuant to
the provisions of this article) and until the public health  and  health
planning  council  and the health systems agency, if any, concerned have
had a reasonable time to  submit  their  recommendations;  and  (b)  the
commissioner is satisfied as to the public need for the construction, at
the time and place and under the circumstances proposed.
  4.  Subject to the provisions of paragraph (b) of subdivision three of
this section, the commissioner in approving the construction shall  take
into consideration and be empowered to request information and advice as
to  (a) the availability of facilities or services which currently serve
as alternatives or substitutes for the whole or any part of the proposed
construction;
  (b) the need for program changes in view of  existing  utilization  at
the time and place and under the circumstances proposed; and
  (c) the adequacy of financial resources and sources of future revenue.
  5.  In  determining  whether  there  is a public need for the proposed
construction pursuant to subdivisions three and four  of  this  section,
the  commissioner shall consider the advice of the state health planning
and development agency designated pursuant  to  the  provisions  of  the
national  health  planning  and  resources  development  act of nineteen
hundred seventy-four and any amendments thereto.
  6. No government agency shall  construct  any  certified  home  health
agency  without  securing  the  written  approval of the commissioner in
accordance with  the  applicable  requirements  and  procedures  of  the
preceding subdivisions.
  7.  If  the  commissioner  proposes  to  disapprove an application for
construction of a certified home health  agency,  he  shall  afford  the
applicant  an  opportunity to request a public hearing. The commissioner
shall not take any action contrary to the advice of the  health  systems
agency until he affords an opportunity to the agency to request a public
hearing and, if so requested, a public hearing shall be held.
  8.  The  commissioner, on his own motion, may hold a public hearing on
an application for construction of a certified home health agency.
  9. (a) The commissioner shall charge to applicants for construction of
certified home health  agencies  an  application  fee  of  two  thousand
dollars.  Each  such applicant shall, at such time as the commissioner's
written approval of the construction is granted, pay an  additional  fee
of  thirty  hundredths  of one percent of the total capital value of the
application.
  (b) The fees and  charges  paid  by  an  applicant  pursuant  to  this
subdivision for any application approved in accordance with this section
shall  be  deemed  allowable costs in the determination of reimbursement
rates established pursuant to this article. All fees  pursuant  to  this
section  shall  be  payable to the department of health for deposit into

the special revenue funds - other, miscellaneous special revenue fund  -
339, certificate of need account.