New York Laws
Article 36 - Home Care Services
3608 - Certification of Home Care Services Agencies.

(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.