Section 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.
    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.
    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.
    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  an
  otherwise  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.