Section 3606. Establishment of certified home health agencies

1. The
  commissioner shall not issue a certificate of approval to any home  care
  services  agency  except  with the written approval of the public health
  council. However, a residential health care facility or hospital  making
  application  to  the  commissioner solely for authorization to provide a
  long term home health care program shall be  deemed  to  have  met  such
  requirement,  provided  that  the facility or hospital possesses a valid
  operating certificate under article twenty-eight of this chapter.
    2. An application for approval of the proposed certified  home  health
  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  a  copy  of  the  proposed  application  for  establishment 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 certified home health 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   a   reasonable   time   to   submit   their
  recommendations.  At  the  time members of the public health council are
  notified  that  an  application  is  scheduled  for  consideration,  the
  applicant and the health systems agency shall be so notified in writing.
  The  public  health  council  shall  not take any action contrary to the
  advice of either the state hospital review and planning council  or  the
  health  systems  agency  until  it  affords  to either an opportunity to
  request a public hearing and, if so requested, a public hearing shall be
  held.  If  the  public  health  council  proposes  to   disapprove   the
  application  it  shall  afford the applicant an opportunity to request a
  public hearing. The public health council may hold a public  hearing  on
  the  application  on its own motion. Any public hearing held pursuant to
  this subdivision may be conducted by the public health council or by any
  individual designated by the public health council.
    The public  health  council  shall  not  approve  an  application  for
  establishment  unless  it is satisfied, insofar as applicable, as to (a)
  the public need for the existence of the certified home health agency at
  the time and  place  and  under  the  circumstances  proposed;  (b)  the
  character,  competence,  and  standing in the community, of the proposed
  incorporators, directors and sponsors; (c) the  financial  resources  of
  the  proposed  certified  home  health  agency and its sources of future
  revenues; and (d) such other matters as it shall deem pertinent.
    Neither the tax status nor profit-making status of proposed  certified
  home health agencies shall be criteria for establishment.
    3.  An application for establishment by a home care services agency in
  existence and operating on the effective date of this section  shall  be
  acted  upon  by  the  public  health council within twelve months of the
  submission of such application.
    4.  (a)  The  commissioner  shall  charge  to   applicants   for   the
  establishment  of  certified  home health agencies an application fee of
  two thousand dollars.
    (b)  An  applicant  for  both  establishment  and  construction  of  a
  certified  home  health  agency shall not be subject to this subdivision
  and shall be subject to  fees  and  charges  as  set  forth  in  section
  thirty-six hundred six-a of this article.
    (c)  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.