New York Laws
Article 36 - Home Care Services
3606-A - Certified Home Health Agency 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.