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  state  hospital  review and planning council and the  health systems agency having geographical jurisdiction of the area where  the agency is located.    * NB Effective until December 1, 2010    * 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.    * NB Effective December 1, 2010    * 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 council pursuant to the  provisions of this article) and until  the  state  hospital  review  and  planning  council  and  the  health  systems agency 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.    * NB Effective until December 1, 2010    * 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.    * NB Effective December 1, 2010    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 inaccordance 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.