Section 3620. Authorization to provide an AIDS home care program

1. An
  AIDS home care program may be provided only by a provider of a long term
  home health care program possessing a valid operating certificate issued
  under this article or an AIDS  center  as  defined  in  accordance  with
  regulations promulgated by the commissioner.
    2.  No  agency  or  facility  shall  provide an AIDS home care program
  without the written authorization of the commissioner to provide such  a
  program.
    3.  A  provider of a long term home health care program or AIDS center
  seeking authorization  to  provide  an  AIDS  home  care  program  shall
  transmit  to  the commissioner an application setting forth the scope of
  the proposed program. Such application shall be submitted  in  a  format
  and  quantity  determined  by  the  commissioner.  The application shall
  include a detailed description of the proposed  program  including,  but
  not limited to, the following:
    (a)  an  outline  of  the  applicant's  plans  for  the AIDS home care
  program;
    (b) the need for the proposed program;
    (c) the number and types of personnel to be employed;
    (d) the ability of  the  applicant  to  provide  the  AIDS  home  care
  program;
    (e) the estimated number of visits to be provided;
    (f)  the  geographic  area  in  which  the  proposed  programs will be
  provided;
    (g) any special or unusual services,  programs,  or  equipment  to  be
  provided;
    (h) a demonstration that the proposed program is feasible and adequate
  in terms of both short range and long range goals;
    (i) such other information as the commissioner may require.
    The  commissioner  shall  not  approve  the  application  unless he is
  satisfied as to:
    (a) the public need for the program at the time and  place  and  under
  the circumstances proposed;
    (b)  the  financial  resources of the provider of the proposed program
  and its sources of future revenues;
    (c) the ability of  the  proposed  program  to  meet  those  standards
  established  for participation as a home health agency under title XVIII
  of the federal Social Security Act;
    (d) the ability of the proposed program to  meet  the  needs  of  AIDS
  patients; and
    (e) such other matters as he shall deem pertinent.
    If  the application is approved, the applicant shall be so notified in
  writing.  The commissioner's written approval of the  application  shall
  constitute  authorization  to  provide an AIDS home care program. If the
  commissioner proposes to disapprove the application, he shall notify the
  applicant in writing, stating his reasons for  disapproval,  and  afford
  the applicant an opportunity for a public hearing.
    4.  Authorization to provide an AIDS home care program may be revoked,
  suspended, limited or annulled by  the  commissioner  on  proof  that  a
  provider  of  an  AIDS  home  care program has failed to comply with the
  provisions  of  this  article  or  rules  and  regulations   promulgated
  thereunder.
    5.  (a) Such authorization shall not be revoked, suspended, limited or
  annulled  without  a  hearing.  However,  such  authorization   may   be
  temporarily  suspended  or limited without a hearing for a period not in
  excess of thirty days upon written notice to the  provider  of  an  AIDS
  home  care program following a finding by the department that the public
  health or safety is in imminent danger.

    (b) 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  provider of an AIDS home care program at least
  twenty-one  days  before  the date fixed for the hearing.  Such provider
  shall file with the department not less than eight  days  prior  to  the
  hearing, a written answer to the charges.
    (c)  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  subdivision  five  of  this
  section,   the   commissioner   shall   suspend,  limit  or  revoke  the
  authorization of a provider of an AIDS home care  program  after  taking
  into  consideration the public need for the program and the availability
  of other services which may serve as alternatives  or  substitutes,  and
  after  finding  that suspending, limiting, or revoking the authorization
  of such provider 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
  provider of an AIDS home care program, the commissioner shall  cause  to
  be  published,  in  a newspaper of general circulation in the geographic
  area of such provider, 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 provider of an
  AIDS home care program cause such provider and  the  appropriate  health
  systems  agency  to  be  notified of the finding at least thirty days in
  advance of  taking  the  proposed  action.  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  provider  or  the
  appropriate health systems agency may request a  public  hearing  to  be
  held  in  the county in which the provider 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.