Section 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.
    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.
    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 in
  accordance 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.