Part 762 - Approval of Home Care Programs and Program Changes

Effective Date: 
Wednesday, March 23, 1994
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, section 3612

Section 762.1 - Long term home health care program and AIDS home care program approval

Section 762.1 Long term home health care program and AIDS home care program approval.

(a) A long term home health care program may be provided by a certified home health agency or by a residential health care facility or hospital possessing a valid operating certificate issued under article 28 of the Public Health Law.

(b) An AIDS home care program may be provided by a long term home health care program or an AIDS Center as defined in Part 405 of this Title specifically authorized pursuant to Article 36 of the Public Health Law to provide an AIDS home care program.

(c) An AIDS home care program provided by an AIDS Center shall mean a long term home health care program which is authorized only to provide an AIDS home care program and which shall comply with the standards of organization and administration for a long term home health care program set forth in Part 763 of this Chapter.

(d) No agency or facility shall provide a long term home health care program or an AIDS home care program as defined in part 700 of this chapter without a written authorization of the Commissioner to provide such a program, in accordance with the provisions of Article 36 of the Public Health Law.

(e) A long term home health care program that does not obtain authorization to provide an AIDS home care program shall not be precluded from providing services within its existing authority to patients who are diagnosed as having AIDS, or are deemed by a physician, within his or her judgement, to be infected with the etiologic agent of acquired immune deficiency syndrome, and who have an illness, infirmity or disability which can be reasonably ascertained to be associated with such infection.

(f) A hospital, residential health care facility, or certified home health agency seeking authorization to provide a long term home health care program shall transmit to the Commissioner an application setting forth the scope of the proposed program. Such application shall be on forms provided by the Commissioner.

(1) The Commissioner shall transmit the application to the State Hospital Review and Planning council and to the health systems agency having geographic jurisdiction of the area where the proposed program is to be located.

(2) The State Hospital Review and Planning Council and health systems agency shall have an opportunity to recommend approval or disapproval of the application by the Commissioner.

(g) A long term home health care program or AIDS Center seeking approval of an AIDS home care program shall transmit to the Commissioner an application setting forth the scope of the proposed program. Such application shall be on forms provided by the Commissioner.

(h) The Commissioner's written approval of the application shall constitute authorization to provide a long term home health care program or AIDS home care program. In making his authorization, the Commissioner shall specify the maximum number of persons which a provider of a long term home health care program may serve. Such number shall not include persons who are receiving services from an AIDS home care program. If the Commissioner proposes to disapprove the application, he shall notify the applicant in writing, stating the reasons for disapproval, and afford the applicant an opportunity for a public hearing.
 

Effective Date: 
Wednesday, March 23, 1994
Doc Status: 
Complete

Section 762.2 - Certified home health agency, long term home health care program construction

762.2 Certified home health agency, long term home health care program and AIDS home care program construction.

(a) Certified home health agency or long term home health care program construction as defined in section 3602(12) of the Public Health Law shall require the prior approval of the Commissioner in accordance with the provisions of Article 36 of the Public Health Law.

(b) For purposes of this Part:

(1) Total project costs shall include total costs for construction contracts, if any, including, but not limited to costs for demolition work, site preparation, actual construction and contingencies, total costs for real property, for fixed and movable equipment, architectural and/or engineering fees, capitalized amounts of working capital and construction loan interest costs, and other financing, professional and ancillary fees and charges. Such costs shall include the cost of all capital items associated with an acquisition, lease arrangement and/or construction. If any acquisition is to be effectuated through a leasing arrangement, the relevant cost shall be the cost of the asset, if purchased, or fair market value, whichever is greater, not the lease amount.

(2) Annual operating costs shall include the total costs incurred in conducting the operation of a certified home health agency or long term home health care program during the agency's fiscal year, including but not limited to depreciation, rent utilities, salaries, supplies and equipment.

(c) Any proposal for any of the following purposes shall constitute construction and shall be the subject of an application submitted for review pursuant to the requirements of this Part and Article 36 of the Public Health Law, including a review by the State Hospital Review and Planning Council:

(1) the addition or deletion of a certified home health agency service, regardless of cost. For purposes of this Part, such services include physical therapy, occupational therapy, speech pathology, social work services, respiratory therapy, nutrition, personal care services and physician services;

(2) a change in the agency's or program's geographic service area;

(3) a change in the method of providing a service if the total project cost or increase in annual operating cost, including any capital component thereof, generated by such proposal, exceeds $400,000;

(4) the erection, building or substantial acquisition or alteration of a physical structure or equipment if the total project cost or increase in annual operating cost, including the capital component thereof, generated by such proposal, exceeds $400,000; or

(5) a change in long term home health care program patient capacity, other than for an AIDS home care program.

(d) Notwithstanding the review requirements contained in subdivision (c) of this section, an AIDS home care program sponsored by an AIDS center hospital which proposes construction in accordance with paragraphs (2), (3) or (4) of subdivision (c) of this section, shall have such construction subject to a review only by the Commissioner of Health.

(e) The operator of an agency shall submit to the department, in writing, a request for approval of any proposed change in the name of a business corporation, not-for-profit corporation, partnership or governmental subdivision or initial use of, or change in, an assumed name of a business corporation, not-for-profit corporation, partnership, governmental subdivision or sole proprietor, ninety (90) days prior to the proposed name change.

(1) Such request for approval shall include the following:

(i) a photocopy of the executed proposed certificate of amendment of the certificate of incorporation or application for authority to conduct business in the State of New York, or a certificate or amended certificate of conducting business under an assumed name;

(ii) the current and proposed names and an explanation of the nature of, and the reasons for, the requested name change; and

(iii) such other pertinent information and documents necessary for the department's consideration, as requested.

(2) The approval by the department of a proposed name or assumed name shall be withheld if the proposed name or assumed name indicates or implies that the corporation, partnership, governmental subdivision or individual is authorized to engage in activities for which it is not authorized, provide a level of care it is not authorized to provide, is misleading, causes confusion with the identity of another home care agency, or violates any provision of law.

(f) The governing authority of an agency shall notify the department of any proposed change in address or office site location which does not require construction approval under this Part at least 10 days prior to effecting such changes.

(g) An application for certified home health agency or long term home health care program construction may be administratively approved by the Commissioner with prior notice to, but without the recommendation of, the State Hospital Review and Planning Council, if the council declines to make a recommendation and if the health systems agency having jurisdiction has recommended approval. (h) A construction application must be submitted on forms provided by the department and shall provide all the information essential for the Commissioner's consideration.

(i) If the Commissioner proposes to disapprove an application for construction, he shall afford the applicant an opportunity to request a public hearing and, if so requested, a public hearing shall be held.

(j) For certified home health agency or long term home health care program construction, the Commissioner shall not take any action contrary to the advice of the health systems agency until he affords an opportunity to the health systems agency to request a public hearing and, if so requested, a public hearing shall be held.

(k) The Commissioner, on his own motion, may hold a public hearing on an application for certified home health agency or long term home health care program construction.

(l) The governing authority of a certified home health agency, long term home health care program or AIDS home care program shall implement an approved application within 90 days of receipt of the Commissioner's approval of the application, unless a longer implementation period is granted by the Commissioner as part of such approval. Upon request of the applicant, the Commissioner may grant an initial extension of the timeframes specified in the approved application not to exceed 90 days and, upon another request of the applicant, the Commissioner may grant a final extension not to exceed 90 days. Any request for an extension shall be in writing and shall set forth the reasons why the application could not be implemented within the prescribed time. Failure to implement an approved application within the prescribed time as determined by the department shall constitute an abandonment of the application by the applicant and an expiration of the Commissioner's approval.
 

Effective Date: 
Wednesday, March 23, 1994
Doc Status: 
Complete