3605 - Licensure of home care services agencies.
§ 3605. Licensure of home care services agencies. 1. After April first, nineteen hundred eighty-six, no home care services agency which is engaged in providing, directly or through contract arrangement, nursing services, home health aide services, or personal care services shall be operated without a license issued by the commissioner in accordance with the standards set forth in this section; provided however, an agency which provides personal care or home care services exclusively to individuals pursuant to a program administered, operated or regulated by another state agency or an organization licensed and operating exclusively as a nurses' registry pursuant to article eleven of the general business law shall be exempt from the licensure requirements of this chapter. The licensure requirements of this chapter shall not apply to sole practitioners licensed pursuant to sections six thousand nine hundred five and six thousand nine hundred six of the education law. * 2. The commissioner shall not issue a license to any home care services agency except with the written approval of the public health council issued pursuant to the provisions of this section. * NB Effective until December 1, 2010 * 2. The commissioner shall not issue a license to any home care services agency except with the written approval of the public health and health planning council issued pursuant to the provisions of this section. * NB Effective December 1, 2010 * 3. An application for licensure as a home care services 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 for comment, if any, a copy of the application for licensure 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 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 reasonable time to submit their comments, based solely upon criteria provided for in subdivision four of this section. If the public health council proposes to disapprove the application, it shall notify the applicant, provide reasons for disapproval and afford the applicant a hearing on the application, if requested, or on its own motion. Any hearing held pursuant to this subdivision may be conducted by the public health council or by any individual designated by the public health council. * NB Effective until December 1, 2010 * 3. An application for licensure as a home care services 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 forward for comment, if any, a copy of the application for licensure and accompanying documents to the health systems agency, if any, having geographical jurisdiction of the area where the services of the proposed agency are to be offered. The public health and health planning council shall act upon such application, after the health systems agency has had reasonable time to submit its comments, based solely upon criteria provided for in subdivision four of this section. If the public health and health planning council proposes to disapprove the application, it shall notify the applicant, provide reasons for disapproval and afford the applicant a hearing on the application, if requested, or on its ownmotion. Any 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. * NB Effective December 1, 2010 * 4. The public health council shall not approve an application for licensure unless it is satisfied as to the character, competence and standing in the community of the applicant's incorporators, directors, sponsors, stockholders or operators. * NB Effective until December 1, 2010 * 4. The public health and health planning council shall not approve an application for licensure unless it is satisfied as to the character, competence and standing in the community of the applicant's incorporators, directors, sponsors, stockholders or operators. * NB Effective December 1, 2010 5. A license shall not be issued by the commissioner unless he finds that the equipment, personnel, rules, standards of care, and home care services are fit and adequate, and that the home care services will be provided in the manner required by this article and the rules and regulations thereunder. 6. Neither public need, tax status nor profit-making status shall be criteria for licensure. 7. An agency licensed pursuant to this section shall be authorized to provide nursing services, home health aide services or personal care services. 8. Agencies licensed pursuant to this section but not certified pursuant to section three thousand six hundred eight of this article, shall not be qualified to participate as a home health agency under the provisions of title XVIII or XIX of the federal Social Security Act provided, however, an agency which has a contract with a state agency or its locally designated office may receive reimbursement under title XIX of the federal Social Security Act. * 9. An entity which seeks approval as a limited home care services agency must meet the requirements of this section, the rules and regulations of the department, and must be a certified operator of an adult home or enriched housing program pursuant to article seven of the social services law. The commissioner shall approve only those applicants that the commissioner of the department of social services has listed as eligible pursuant to the requirements of paragraph (a) of subdivision eleven of this section. * NB Expires March 31, 2011 * 10. The department shall notify the department of social services of any action taken against a limited home care services agency pursuant to section thirty-six hundred five-a of this article. * NB Expires March 31, 2011 * 11. For purposes of this subdivision, eligibility of limited home care services agencies licensed by the department shall be as follows: (a) Only those certified operators of adult homes and enriched housing programs that provide services that are consistent with the needs of each resident, meet the standards governing the operation of such facilities in accordance with the provisions of article seven of the social services law, and provide quality care shall be considered by the department as eligible for licensure. (b) An operator that has received current official written notice from the department of social services of any enforcement action pursuant to section four hundred sixty-d of the social services law shall not be eligible for such certification. (c) Such current enforcement action, when resolved to the satisfaction of the commissioner of social services, shall not itself preclude anotherwise eligible applicant from licensure approval but shall be considered by the department in determining the character, competence, and standing in the community of the applicant pursuant to subdivision four of this section. (d) If the department receives notice from the department of social services that a certified operator of an adult home or enriched housing program that is licensed as a limited home care services agency has received official written notice from the department of social services of a proposed enforcement action taken pursuant to section four hundred sixty-d of the social services law, the department shall review the delivery of home care services to determine whether such agency is meeting all applicable regulations and standards. * NB Expires March 31, 2011 * 12. Notwithstanding any law to the contrary, the commissioner shall have the authority to limit the number of adult homes and enriched housing programs eligible for licensure under this section. * NB Expires March 31, 2011 13. The commissioner shall charge to applicants for the licensure of home care services agencies an application fee of two thousand dollars. 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.