Section 3608. Certification of home care services agencies

1.  The
  commissioner shall issue a certificate of  approval  to  any  home  care
  services  agency  qualified to participate as a home health agency under
  titles XVIII and  XIX  of  the  federal  Social  Security  Act  applying
  therefor which complies with the provision of this article and the rules
  and  regulations  promulgated  pursuant  thereto, in accordance with the
  standards and procedures  adopted  by  the  state  hospital  review  and
  planning council.
    2.  A  certified  home  health  agency  certificate of approval may be
  revoked, suspended, limited or annulled by  the  commissioner  on  proof
  that  the  certified  home  health  agency has failed to comply with the
  provisions  of  this  article  or  rules  and  regulations   promulgated
  thereunder.
    3.  No  certified  home health agency certificate of approval shall be
  revoked, suspended, limited or annulled without a  hearing.  However,  a
  certificate  may  be  temporarily suspended or limited without a hearing
  for a period not in excess of thirty days upon  written  notice  to  the
  certified  home health agency following a finding by the department that
  the public health or safety is in imminent danger.
    4. The commissioner shall fix a time and place for the hearing. A copy
  of the charges, together with the notice of the time and  place  of  the
  hearing,  shall be served in person or mailed by registered or certified
  mail to the certified home health agency at least twenty-one days before
  the date fixed for the hearing.  The certified home health agency  shall
  file  with the department not less than eight days prior to the hearing,
  a written answer to the charges.
    5. All orders or determinations hereunder shall be subject  to  review
  as  provided  in  article  seventy-eight  of  the civil practice law and
  rules.  Application for such review must be made within sixty days after
  service in person or by registered or certified mail of a  copy  of  the
  order or determination upon the applicant.
    6.  (a)  Notwithstanding  the provisions of subdivisions three through
  five of this section, the commissioner shall suspend, limit or revoke  a
  certified  home  health agency certificate of approval after taking into
  consideration the public need for the agency  and  the  availability  of
  other services which may serve as alternatives or substitutes, and after
  finding  that  suspending,  limiting,  or  revoking  the  certificate of
  approval of such agency would be within the public interest in order  to
  conserve  health resources by restricting the level of services to those
  which are actually needed.
    (b) Whenever any  finding  as  described  in  paragraph  (a)  of  this
  subdivision  is  under  consideration  with  respect  to  any particular
  certified home  health  agency,  the  commissioner  shall  cause  to  be
  published,  in a newspaper of general circulation in the geographic area
  of the agency, at least thirty days prior to making such  a  finding  an
  announcement  that  such a finding is under consideration and an address
  to which interested persons can write to make their views  known.    The
  commissioner shall take all public comments into consideration in making
  such a finding.
    (c)  The  commissioner  shall,  upon  making  any finding described in
  paragraph (a) of this subdivision with respect  to  any  certified  home
  health  agency,  cause  such  agency  and the appropriate health systems
  agency to be notified of the finding at least thirty days in advance  of
  taking  the  proposed  action  to revoke, suspend or limit such agency's
  certificate of approval. Upon  receipt  of  any  such  notification  and
  before the expiration of the thirty days or such longer period as may be
  specified  in  the  notice,  the  certified  home  health  agency or the
  appropriate health sytems agency may request a public hearing to be held

  in the county in which the agency is located.  In  no  event  shall  the
  revocation,  suspension or limitation take effect prior to the thirtieth
  day after the date of  the  notice,  or  prior  to  the  effective  date
  specified  in  the  notice or prior to the date of the hearing decision,
  whichever is later.
    (d) Except as otherwise provided by law, all appeals from a finding of
  the commissioner made pursuant to  paragraph  (a)  of  this  subdivision
  shall  be directly to the appellate division of the supreme court in the
  third department. Except as otherwise expressly provided  by  law,  such
  appeals shall have preference over all issues in all courts.