3606 - 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.    * NB Effective until December 1, 2010    * 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 and health planning 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.    * NB Effective December 1, 2010    * 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.    * NB Effective until December 1, 2010    * 2. An application for approval of the proposed certified home health  agency shall be filed with the public health and health planning council  together  with  such  other forms and information as shall be prescribed  by, or acceptable to, the public health  and  health  planning  council.  Thereafter,  the public health and health planning council shall forwarda copy of the proposed application for  establishment  and  accompanying  documents  to  the  health  systems  agency, if any, having geographical  jurisdiction of the area where the services of  the  proposed  certified  home  health  agency  are  to  be  offered. The public health and health  planning council shall  act  upon  such  application  after  the  health  systems  agency has had a reasonable time to submit its recommendations.  At the time members of the public health and health planning 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 and health planning council shall not take any action  contrary to the advice of the health systems agency until it affords  to  the  health  systems  agency  an opportunity to request a public hearing  and, if so requested, a public hearing shall  be  held.  If  the  public  health   and   health   planning  council  proposes  to  disapprove  the  application it shall afford the applicant an opportunity  to  request  a  public hearing. The public health and health planning 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  and  health  planning  council  or  by  any individual designated by the  public health and health planning council.    The public health and health planning 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.    * NB Effective December 1, 2010    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.    4.  (a)  The  commissioner  shall  charge  to   applicants   for   the  establishment  of  certified  home health agencies an application fee of  two thousand dollars.    (b)  An  applicant  for  both  establishment  and  construction  of  a  certified  home  health  agency shall not be subject to this subdivision  and shall be subject to  fees  and  charges  as  set  forth  in  section  thirty-six hundred six-a of this article.    (c)  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.