§ 3610. Authorization to provide a long term home health care program.\n1. A long term home health care program may be provided only by a\ncertified home health agency, or by a residential health care facility\nor hospital possessing a valid operating certificate issued under\narticle twenty-eight of this chapter. No agency, facility or hospital\nshall provide a long term home health care program without the written\nauthorization of the commissioner to provide such a program.\n 2. A hospital, residential health care facility, or certified home\nhealth agency seeking authorization to provide a long term home health\ncare program shall transmit to the commissioner an application setting\nforth the scope of the proposed program. Such application shall be in a\nformat and shall be submitted in a quantity determined by the\ncommissioner. The commissioner shall transmit the application to the\npublic health and health planning council and to the health systems\nagency, if any, having geographic jurisdiction of the area where the\nproposed program is to be located. The application shall include a\ndetailed description of the proposed program including, but not limited\nto, the following:\n (a) an outline of the institution's or agency's plans for the program;\n (b) the need for the proposed program;\n (c) the number and types of personnel to be employed;\n (d) the ability of the agency, hospital, or facility to provide the\nprogram;\n (e) the estimated number of visits to be provided;\n (f) the geographic area in which the proposed programs will be\nprovided;\n (g) any special or unusual services, programs, or equipment to be\nprovided;\n (h) a demonstration that the proposed program is feasible and adequate\nin terms of both short range and long range goals;\n (i) such other information as the commissioner may require.\n The health systems agency and the public health and health planning\ncouncil shall review the application and submit their recommendations to\nthe commissioner. At the time members of the public health and health\nplanning council are notified that an application is scheduled for\nconsideration, the applicant and the health systems agency shall be so\nnotified in writing. The health systems agency or the public health and\nhealth planning council shall not recommend approval of the application\nunless it is satisfied as to:\n (a) the public need for the program at the time and place and under\nthe circumstances proposed;\n (b) the financial resources of the provider of the proposed program\nand its sources of future revenues;\n (c) the ability of the proposed program to meet those standards\nestablished for participation as a home health agency under title XVIII\nof the federal Social Security Act; and\n (d) such other matters as it shall deem pertinent.\n After receiving and considering the recommendations of the public\nhealth and health planning council and the health systems agency, the\ncommissioner shall make his or her determination. The commissioner shall\nact upon an application after the public health and health planning\ncouncil and the health systems agency have had a reasonable time to\nsubmit their recommendations. The commissioner shall not take any action\ncontrary to the advice of either until he or she affords to either an\nopportunity to request a public hearing and, if so requested, a public\nhearing shall be held. The commissioner shall not approve the\napplication unless he or she is satisfied as to the detailed description\nof the proposed program and\n (a) the public need for the existence of the program at the time and\nplace and under the circumstances proposed;\n (b) the financial resources of the provider of the proposed program\nand its sources of future revenues;\n (c) the ability of the proposed program to meet those standards\nestablished for participation as a home health agency under title XVIII\nof the federal Social Security Act; and\n (d) such other matters a
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