§ 3605. Licensure of home care services agencies. 1. After April\nfirst, nineteen hundred eighty-six, no home care services agency which\nis engaged in providing, directly or through contract arrangement,\nnursing services, home health aide services, or personal care services\nshall be operated without a license issued by the commissioner in\naccordance with the standards set forth in this section; provided\nhowever, an agency which provides personal care or home care services\nexclusively to individuals pursuant to a program administered, operated\nor regulated by another state agency or an organization licensed and\noperating exclusively as a nurses' registry pursuant to article eleven\nof the general business law shall be exempt from the licensure\nrequirements of this chapter. The licensure requirements of this chapter\nshall not apply to sole practitioners licensed pursuant to sections six\nthousand nine hundred five and six thousand nine hundred six of the\neducation law.\n 1-a. (a) Core public health services, as defined in section six\nhundred two of this chapter, when provided in the home by the local\nhealth department of a county or of the city of New York, shall not\nrequire licensure under this section if such core public services\nrequire only minimal patient contact. Patient contact shall be\nconsidered minimal if it is of limited duration for acute or non-chronic\nconditions, including but not limited to any health conditions posing a\npotential threat to public health, and treatment is generally expected\nto require no more than six patient visits; provided, however, that a\nlocal health department may exceed six visits in the interest of patient\nsafety and public health.\n (b) Core public health services that may be provided without a license\npursuant to this subdivision include but are not limited to:\nimmunizations; testing for tuberculosis and observation of tuberculosis\nself-directed therapy; verbal assessment, counseling and referral\nservices; and such other services as may be determined by the\ndepartment, provided that such services shall not include home health\naide services, personal care services, or nursing services that require\nmore than minimal patient contact.\n 1-b. Core public health services, as defined in section six hundred\ntwo of this chapter, when provided by local health departments in the\nhome as authorized under subdivision one-a of this section, may be\neligible for reimbursement under title XIX of the federal Social\nSecurity Act, provided that the services meet federal and state\nrequirements for such reimbursement.\n 2. The commissioner shall not issue a license to any home care\nservices agency except with the written approval of the public health\nand health planning council issued pursuant to the provisions of this\nsection.\n 3. An application for licensure as a home care services agency shall\nbe filed with the public health and health planning council together\nwith such other forms and information as shall be prescribed by, or\nacceptable to, the public health and health planning council.\nThereafter, the public health and health planning council shall forward\nfor comment, if any, a copy of the application for licensure and\naccompanying documents to the health systems agency, if any, having\ngeographical jurisdiction of the area where the services of the proposed\nagency are to be offered. The public health and health planning council\nshall act upon such application, after the health systems agency has had\nreasonable time to submit its comments, based solely upon criteria\nprovided for in subdivision four of this section. If the public health\nand health planning council proposes to disapprove the application, it\nshall notify the applicant, provide reasons for disapproval and afford\nthe applicant a hearing on the application, if requested, or on its own\nmotion. Any hearing held pursuant to this subdivision may be conducted\nby the public health and health
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