New York Laws
Article 36 - Home Care Services
3605 - Licensure of Home Care Services Agencies.

(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 June 30, 2025
* 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 June 30, 2025
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.

14. Notwithstanding any contrary provision of law and subject to the
availability of federal financial participation, for periods on and
after April first, two thousand fourteen, the commissioner is authorized
to make temporary periodic lump-sum Medicaid payments to licensed home
care service agencies ("LHCSA") principally engaged in providing home
health services to Medicaid patients, in accordance with the following:
(a) Eligible LHCSA providers shall include:
(i) providers undergoing closure;
(ii) providers impacted by the closure of other health care providers;
(iii) providers subject to mergers, acquisitions, consolidations or
restructuring;
(iv) providers impacted by the merger, acquisition, consolidation or
restructuring of other health care providers; or
(v) providers seeking to ensure that access to care is maintained.
(b) Providers seeking Medicaid payments under this subdivision shall
demonstrate through submission of a written proposal to the commissioner
that the additional resources provided by such Medicaid payments will
achieve one or more of the following:
(i) protect or enhance access to care;
(ii) protect or enhance quality of care;
(iii) improve the cost effectiveness of the delivery of health care
services; or
(iv) otherwise protect or enhance the health care delivery system, as
determined by the commissioner.
(c) (i) Such written proposal shall be submitted to the commissioner
at least sixty days prior to the requested commencement of such Medicaid
payments and shall include a proposed budget to achieve the goals of the
proposal. Any Medicaid payments issued pursuant to this subdivision
shall be made over a specified period of time, as determined by the
commissioner, of up to three years. At the end of the specified
timeframe such payments shall cease. The commissioner may establish, as
a condition of receiving such Medicaid payments, benchmarks and goals to
be achieved in conformity with the provider's written proposal as
approved by the commissioner and may also require that the provider
submit such periodic reports concerning the achievement of such
benchmarks and goals as the commissioner deems necessary. Failure to
achieve satisfactory progress, as determined by the commissioner, in
accomplishing such benchmarks and goals shall be a basis for ending the
provider's Medicaid payments prior to the end of the specified
timeframe.
(ii) The commissioner may require that applications submitted pursuant
to this subdivision be submitted in response to and in accordance with a
Request For Applications or a Request For Proposals issued by the
commissioner.